Office for Reparations Act 2018 · As enacted · Part II · Powers and Functions of the Office for Reparations
11. Powers and functions of the Office for Reparations
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
The Office for Reparations shall have the following powers and functions:–
to receive recommendations with regard to reparations to be made to aggrieved persons from the Office on Missing Persons established under the Office on Missing Persons (Establishment,
Administration and Discharge of Functions) Act, No.
14 of 2016 (hereinafter referred to as the “OMP”) or such other relevant bodies or institutions;
to receive applications for reparations from aggrieved persons or representatives of such aggrieved persons and to verify the authenticity of such applications, for the purpose of assessing the eligibility for reparations;
to identify the aggrieved persons who are eligible for reparations as well as their level of need;
to identify and collate information relating to previous or on-going reparation programmes carried out by the State, including any expenditure on similar reparation programmes through a centralized database;
to make rules with regard to ensure the effective functioning of the Office for Reparations, including but not limited to –
the manner in which recommendations and claims shall be received;
the manner in such recommendations and claims shall be processed and verified; and
the administration of the Office for
Reparations;
( f )
to make rules and issue guidelines from time to time which shall include gender and child responsive policies, to be followed by the staff of the Office for
Reparations relating to the exercise and performance of its powers and functions;
to formulate and recommend to the Cabinet of
Ministers, Policies on Reparations and guidelines with regard to the grant of individual and collective reparations, including –
the criteria for eligibility for aggrieved persons to obtain reparations, including criteria relating to the nature and severity of grievances for which reparations will be available;
the form, and where appropriate, the quantum of reparations that will be provided to eligible aggrieved persons;
the criteria of eligibility of aggrieved persons to financial compensation;
the criteria of eligibility of aggrieved persons to urgent reparations;
a list of bodies which may assist in the provision or delivery of different forms of reparations to aggrieved persons;
recommendations on reparations which may be provided directly by other State institutions;
the criteria on which verified applications for reparations shall be prioritized;
to implement such Policies on Reparations and guidelines as may be approved by the Cabinet of
Ministers and grant individual and collective reparations as envisaged by such approved Policies on Reparations and guidelines;
to provide training including gender responsiveness to the staff of the Office for Reparations;
( j )
to provide support, including administrative support, travel reimbursements and psychosocial support, where necessary, for the aggrieved persons who appear before the Office for Reparations;
to provide protection, with the assistance of law enforcement authorities, if there is a positive assessment of threat to the physical integrity of aggrieved persons;
to provide information and advice to aggrieved persons on their rights, the procedures involved in receiving reparations, truth-seeking mechanisms and other mechanisms through which they might receive redress or remedies;
to consider and implement the claims made prior to the date of commencement of this Act to the
Rehabilitation of Persons, Properties and Industries
Authority established under section 2 of the repealed
Act, subject to the availability of resources allocated therefor;
to implement such programmes of the Rehabilitation of Persons, Properties and Industries Authority established under section 2 of the repealed Act approved by the Cabinet of Ministers prior to the date of commencement of this Act, until such time as such programmes may be discontinued;
to facilitate the provision of other forms of assistance provided by other person or body of persons, including restitution, rehabilitation, administration and other assistance, and welfare services including health services, psycho-social support, educational and vocational training programmes, to the aggrieved persons;
to appoint and exercise disciplinary control over or dismiss officers, employees and servants;
to gather information necessary for the Office for
Reparations to achieve its objectives including requesting reports, records, documents or information from governmental authorities or any other sources;
to establish in addition to any unit or division specifically mentioned in this Act, such committees, divisions and units as are required for the effective administration and functioning of the Office for
Reparations;
to enter into such contracts as may be necessary for the exercise of the powers and the achieving of the objectives of the Office for Reparations;
to request and receive assistance necessary for the achieving of its objectives, from any State, governmental, provincial or local authority or agency, or any officer thereof, or from any other person or body of persons;
to create, manage and maintain a database which will include all particulars concerning recommendations made with regard to reparations to be granted to aggrieved persons. Such database shall also include details of reparations previously granted by any other
State authority or agency;
to periodically inform aggrieved persons or representatives of such aggrieved persons of the status of the applications made for reparations, and to respond in a timely manner to queries related to the progress of such applications;
to manage funds that will be used to provide reparations to eligible aggrieved persons through the Office for Reparations and which will be used in operationalizing this Office; and
to do all such other things as are necessary for the exercise and discharge of its powers and functions or to achieve its objectives.
Part III
Secretariat
Part IV
Finance and Reporting
Part V