News Highlight
Highlighter

The Office for Reparations is an independent body established in terms of the Office for Reparations Act, No. 34 of 2018 to manage Sri Lanka’s reparations regime and grant reparations to victims of conflict. The preamble to the Act articulates the rationale for the enactment, thus –

“WHEREAS the Constitution of the Democratic Socialist Republic of Sri Lanka recognizes the inherent dignity and equal and inalienable human rights of all Sri Lankans and the State’s obligation to respect, secure and advance these rights:

AND WHEREAS a comprehensive reparations scheme anchored in the rights of all Sri Lankans to an effective remedy will contribute to the promotion of reconciliation for the wellbeing, and security of all Sri Lankans including future generations”

The need to establish a reparations regime is based on the acceptance that interventions were required principally to alleviate the loss and damage caused to victims of the armed conflict that took place in the Northern and Eastern Provinces and its aftermath, from 1983. Victims of Sporadic incidents that occurred thereafter also become eligible for relief measures. Todate there are eight such incidents.

The grant of Reparations is one of the universally accepted measures that seeks to redress gross violations although it’s accepted that some of these violations are irreparable and nothing granted by way of reparations can restore the status quo ante of the victim.

Sri Lanka’s approach to reparations to persons who are victims of conflict was to establish a self standing statutory body, the Office for Reparations, with the authority to grant reparations which includes not only monetary compensation but also a range of other interventions that will offer assistance to victims of conflict. The Reparations regime introduced by the 2018 Act, improves on past schemes and importantly, recognizes that the ultimate objective of the grant of reparations is to achieve national unity and reconciliation and ensure the non recurrence of violence.

The introduction of a comprehensive legal regime reinforced by Statute, demonstrates Sri Lanka’s commitment to accord the greatest importance to addressing the concerns of victims of conflict. The categories of conflict for which reparations is available are clearly defined by reference to generic categories which could be applied to prospective events as well, and specifically to the “armed conflict that took place in the Northern and Eastern Provinces and its aftermath.,”

The provisions of the Act and the Policy and Guidelines on Reparations as formulated by the Office for Reparations and approved by the Cabinet of Ministers, sets out the principles that apply to the grant of reparations, according special emphasis to the vulnerable persons including women, children and disabled persons. The provisions of the Act are explained in the Question & Answer document.