Office for Reparations Act 2018 · As enacted · Part II · Powers and Functions of the Office for Reparations
12. Formulation of Policies on 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
In formulating Policies on Reparations, and issuing guidelines, the Office for Reparations shall –
consult through appropriate methods, aggrieved persons, organizations representing aggrieved persons and any other authority, person or body of persons;
ensure the availability at all times of Advisors with relevant expertise to advise the Office for Reparations with regard to gender responsiveness, and the specific needs of aggrieved persons who are women, children and persons with disabilities;
be guided by the principles of non-discrimination, victim-centrality and fairness, and with due consideration to the special needs of women, children and persons with disabilities;
have due regard to all relevant factors, including –
the seriousness of the violation of the aggrieved person’s rights;
the impact, including continuing physical, psychological and economic impact, of such violation on the aggrieved persons;
the need to provide special measures for vulnerable aggrieved persons including women, children, and persons with disabilities;
the need to account for reparations already received by the aggrieved persons with regard to the violation of the right in question;
in the case of the award of monetary reparations, factors to be considered, including availability of resources, and in deciding the manner of payments including between lump sum payments and staggered payments, the best interests of the aggrieved persons;
the appropriateness of non-monetary reparations;
in granting individual reparations which are monetary, the need to restrict such reparations to aggrieved persons who have the most serious grievance;
the need to prioritize the grant of monetary reparations considering the severity of the violation of the aggrieved persons’ rights, the indigence of the aggrieved persons and the availability of resources;
the need to formulate a scheme of distribution where multiple relatives make claims with regard to a deceased or a missing person;
in the case of collective reparations, have regard to the need to ensure –
non-discrimination, facilitation of reconciliation and sensitivity to the experiences of all aggrieved persons;
that the design of such reparations should be informed by consultations with relevant aggrieved persons, organizations representing such aggrieved persons and any other authority, person or body of persons.
For the avoidance of doubt, it is specifically provided that the receipt of reparations shall not preclude aggrieved persons from pursuing any remedy available in law to such persons, against any person who may have violated the rights of such persons.
Aggrieved persons shall be informed of their ability to appear before any other appropriate authority, person or body of persons, by the Office’s outreach unit of the Office for
Reparations.
The Office for Reparations shall coordinate with the
OMP and other relevant institutions, in obtaining information with regard to aggrieved persons who have appeared before such institutions, regardless of whether such persons have submitted applications to the Office for Reparations.
Part III
Secretariat
Part IV
Finance and Reporting
Part V