SRI LANKA OFFICE FOR REPARATIONS Printed on the Order of Government Published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of October 22, 2018 PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING , SRI LANKA TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU , COLOMBO 5 Price : Rs. 8.00 Postage : Rs. 15.00 This Act can be downloaded from www.documents.gov.lk
ACT, No. 34 OF 2018 [Certified on 22nd of October, 2018] [Certified on 22nd of October, 2018] L.D.—O. 12/2018
An Act to provide for the establishment of the Office for Reparations; to identify aggrieved persons eligible for reparations, and to provide for the provision of individual and collective reparations to such persons; to repeal the Rehabilitation of Persons, Properties and Industries Authority Act, No. 29 of 1987 and to provide for all matters connected therewith or incidental thereto. 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: NOW THEREFORE BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-
(a) to formulate and recommend to the Cabinet of Ministers, Policies on Reparations to grant individual and collective reparations to aggrieved persons; (b) to facilitate and implement such Policies on reparations as approved by the Cabinet of Ministers, Preamble. Short title. Objectives of this Act. by the Office for Reparations, including specialized policies on public education, memorialization and on children, youths, women and victims of sexual violence and persons with disabilities; (c) to establish links to ensure the compatibility of the Office for Reparations with other mechanisms aimed at reconciliation; and (d) to monitor and evaluate the progress of delivery of reparations to eligible aggrieved persons.
Establishment of the Office for Reparations Establishment of the Office for Reparations. Constitution of the Office for Reparations.
The Office for Reparations shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name.
The Constitutional Council shall recommend three names out of the members of the Office for Reparations to be appointed as the Chairperson of the Office for Reparations.
One of the members recommended under subsection
shall be appointed by the President as the Chairperson of the Office for Reparations.
In making recommendations for the appointment of members to the Office for Reparations, the Constitutional Council shall have due regard to – (a) ensure that the composition of the Office for Reparations reflects the pluralistic nature of Sri Lankan society including gender; and (b) ensure that the members of the Office for Reparations shall be persons of integrity and possess experience and qualifications relevant to the carrying out of the functions of the Office for Reparations.
In the event of the President failing to make the necessary appointments within such period of fourteen days – (a) the persons recommended to be appointed as members of the Office for Reparations shall be deemed to have been appointed as the members of the Office for Reparations; and (b) the person whose name appears first in the list of names recommended to be appointed as the Chairperson, shall be deemed to have been appointed as the Chairperson of the Office for Reparations, with effect from the date of expiry of such period of fourteen days.
(a) upon the death of such member; (b) upon such member resigning such office by writing addressed to the President; Appointment of Chairperson and members of the Office for Reparations. Terms of office of members. Removal of members. (c) upon such member being removed from office on any ground specified in subsection (2); or (d) on the expiration of such member’s term of office.
A member of the Office for Reparations may be removed from office by the President, if such person – (a) is adjudged an insolvent by a court of competent jurisdiction; (b) is found to have a conflict of interest, which in the opinion of the President, formed on the recommendation of the Prime Minister made upon consultation with the Speaker and the Leader of the Opposition, conflicts with his duties as a member of the Office for Reparations; (c) is unfit to continue in office by reason of illness or other infirmity of mind or body; (d) is declared to be of unsound mind by a court of competent jurisdiction; (e) is convicted of an offence involving moral turpitude; or (f) absents himself from three consecutive meetings without previously obtaining leave from the Office for Reparations.
The Chairperson may resign from the office of Chairperson by letter addressed to the President.
Subject to the provisions of subsections (1) and (2), the term of office of the Chairperson shall be such member’s period of membership of the Office for Reparations.
(a) If the Chairperson becomes temporarily unable to perform the duties of his office, by reason of illness or other infirmity or due to absence from Sri Lanka or any other such reason, the President may appoint subject to the provisions of section 4 (1), any other member of the Office for Reparations to act as the Chairperson. (b) If a member of the Office for Reparations becomes temporarily unable to perform the duties of his office, by reason of illness or other infirmity or due to absence from Sri Lanka or any other such reason, the President may subject to the provisions of section 4(1), appoint any other qualified person to temporarily act in place of such member during such period.
No act or proceeding of the Office for Reparations shall be deemed to be invalid by reason only of the existence of any vacancy among its members, or defect in the appointment of any member thereof.
The Chairperson or the member presiding at any such meeting of the Office for Reparations shall, in addition to his own vote, have a casting vote.
The quorum for meetings of the Office for Reparations shall be three members.
Subject to the other provisions of this Act, the Office for Reparations may make rules, to regulate the procedure in regard to the conduct of its meetings, and the transaction of business at such meetings. Meetings of the Office for Reparations. Information officer and designated officer. Headquarters and Regional Offices. Powers and functions of the Office for Reparations.
The Office for Reparations may, from time to time, establish such number of regional, temporary or mobile offices, divisions and units including an outreach unit as may be necessary, for the purpose of achieving its objectives and to ensure that reparations are accessible to aggrieved persons.
Powers and functions of the Office for Reparations
(a) 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; (b) 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; (c) to identify the aggrieved persons who are eligible for reparations as well as their level of need; (d) 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; (e) to make rules with regard to ensure the effective functioning of the Office for Reparations, including but not limited to – (i) the manner in which recommendations and claims shall be received; (ii) the manner in such recommendations and claims shall be processed and verified; and (iii) 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; (g) 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 – (i) 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; (ii) the form, and where appropriate, the quantum of reparations that will be provided to eligible aggrieved persons; (iii) the criteria of eligibility of aggrieved persons to financial compensation; (iv) the criteria of eligibility of aggrieved persons to urgent reparations; (v) a list of bodies which may assist in the provision or delivery of different forms of reparations to aggrieved persons; (vi) recommendations on reparations which may be provided directly by other State institutions; (vii) the criteria on which verified applications for reparations shall be prioritized; (h) 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; (i) 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; (k) 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; (l) 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; (m) 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; (n) 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; (o) 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; (p) to appoint and exercise disciplinary control over or dismiss officers, employees and servants; (q) 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; (r) 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; (s) 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; (t) 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; (u) 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; (v) 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; (w) 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 (x) to do all such other things as are necessary for the exercise and discharge of its powers and functions or to achieve its objectives.
(a) consult through appropriate methods, aggrieved persons, organizations representing aggrieved persons and any other authority, person or body of persons; (b) 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; (c) 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; (d) have due regard to all relevant factors, including – (i) the seriousness of the violation of the aggrieved person’s rights; (ii) the impact, including continuing physical, psychological and economic impact, of such violation on the aggrieved persons; (iii) the need to provide special measures for vulnerable aggrieved persons including women, children, and persons with disabilities; Formulation of Policies on Reparations. (iv) the need to account for reparations already received by the aggrieved persons with regard to the violation of the right in question; (v) 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; (vi) the appropriateness of non-monetary reparations; (vii) in granting individual reparations which are monetary, the need to restrict such reparations to aggrieved persons who have the most serious grievance; (viii) 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; (ix) the need to formulate a scheme of distribution where multiple relatives make claims with regard to a deceased or a missing person; (e) in the case of collective reparations, have regard to the need to ensure – (i) non-discrimination, facilitation of reconciliation and sensitivity to the experiences of all aggrieved persons; (ii) 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.
The Office for Reparations shall take all necessary steps including technical safeguards to ensure the security of all its databases and data. Confidentiality.
Secretariat. Appointment of public officers to the staff of the Office for Reparations.
The Office for Reparations shall appoint a Director General, who shall be the Chief Executive Officer of the Office for Reparations.
There may be appointed, by the Office for Reparations, such other officers and servants as may be necessary to assist the Office for Reparations in the exercise and performance of its powers and functions.
Where any officer in the public service is temporarily appointed to the staff of the Office for Reparations, the provisions of subsection (2) of section 14 of the National Transport Commission Act, No. 37 of 1991, shall, mutatis mutandis apply to and in relation to him.
Where any officer in the public service is permanently appointed to the staff of the Office for Reparations, the provisions of subsection (3) of section 14 of the National Transport Commission Act, No. 37 of 1991, shall, mutatis mutandis apply to and in relation to him.
(a) all such balances as on the date of the commencement of this Act that are lying to the credit of the Rehabilitation of Persons, Properties and Industries Authority, with regard to claims made to the Rehabilitation of Persons, Properties and Industries Authority, in terms of the Rehabilitation of Persons, Properties and Industries Authority Act, No. 29 of 1987; (b) all such sums as may be voted by Parliament from time to time for the purposes of this Act; (c) all such sums as may be received by the Office for Reparations by way of donations, grants or gifts, whether local or foreign: Provided that, all foreign funds shall be channelled through the External Resources Department.
There shall be paid out of the Fund, all such sums as may be required to defray any expenditure incurred in the administration and implementation of this Act and all such sums as are required to be paid out of the Fund by or under any provision of this Act.
Fund of the Office for Reparations. Salaries of members of the Office for Reparations. Financial year. Reporting. Offences.
The Office for Reparations shall cause proper accounts to be kept of its income and expenditure, and assets and liabilities.
The accounts of the Office for Reparations shall be audited by the Auditor General in terms of Article 154 of the Constitution.
ENERAL
(a) wrongfully resists or obstructs any person authorized under this Act in the exercise of the powers conferred on him; or (b) wrongfully hinders or obstructs the Office for Reparations in the exercise and the performance of its powers and functions; or (c) willfully provides false information to the Office for Reparations; or (d) discloses any confidential information in contravention of the provisions of this Act, such person shall be guilty of the offence of contempt against the authority of the Office for Reparations.
Where the Office for Reparations has reasonable grounds to believe that a person has committed the offence of contempt against the authority of the Office for Reparations, the Office for Reparations shall report such matter to the Court of Appeal. Every offence of contempt committed against the authority of the Office for Reparations shall be punishable by the Court of Appeal as if it was an offence of contempt committed against the Court of Appeal.
Any order, decision, act or omission of the Office for Reparations or any member, officer or servant appointed to the Office for Reparations thereof may be questioned in proceedings under Article 126 or 140 of the Constitution.
Subject to the provisions of subsection (2), no civil proceedings shall be instituted or maintained against any member, officer or servant appointed to the Office for Reparations in respect of any act done in good faith or purported to be done or omitted to be done in good faith by such person under this Act.
Any expenses incurred by such member, officer or servant appointed to Office for Reparations as referred to in subsections (1), (2) or (3) in any civil or criminal proceeding instituted against such person in any court in respect of any act done or purported to be done or omitted to be done by him under this Act, shall, if the court holds that such act was done or omitted to be done in good faith, be paid out of the fund, unless such expense is recovered by such person in such proceedings. Protection from Action. Rules. Members &c. deemed to be public servants. Delegation of Powers.
Every rule made under this Act shall be placed before Parliament and published in the Gazette within a reasonable period not exceeding three months.
The Policies on Reparations and guidelines approved by the Cabinet of Ministers shall be placed before Parliament and published in the Gazette within a reasonable period not exceeding three months.
Notwithstanding the provisions of this Act, Policies on Reparations and guidelines authorizing disbursement of funds shall be placed before Parliament for approval and published in the Gazette within a reasonable period not exceeding three months, and any disbursement in terms of such Policies on Reparations and guidelines shall only be effected after such approval.
The Office for Reparations shall be deemed to be a scheduled institution within the meaning of the Bribery Act (Chapter 26), and the provisions of that Act shall be construed accordingly.
The Chief Executive Officer, member or officer to whom any of the powers or functions of the Office for Reparations has been delegated shall exercise and perform such powers and functions subject to the general or specific directions of the Office for Reparations.
Notwithstanding the repeal of the aforesaid Act – (a) all movable and immovable properties including files, records, documentation, computers, data storage devices of the Rehabilitation of Persons, Properties and Industries Authority established under section 2 of the repealed Act, subsisting on the date of commencement of this Act, shall, with effect from the date of commencement of this Act vest in the Office for Reparations established under section 3 of this Act; (b) all contracts and agreements entered into by or with the Rehabilitation of Persons, Properties and Industries Authority established under section 2 of the repealed Act, subsisting on the date of commencement of this Act, shall, with effect from the date of commencement of this Act, be deemed to be contracts and agreements entered into by or with the Office for Reparations established under section 3 of this Act; (c) (i) all officers or servants of the Rehabilitation of Persons, Properties and Industries Authority established under section 2 of the repealed Act who are offered employment in the Office for Reparations established under section 3 of this Act and who express a desire to accept such employment, shall become members of the staff of the Office No civil or criminal liability of any other person. Repeals, savings and transitional Provisions. for Reparations and shall be employed on terms not less favourable than their terms of employment in the Rehabilitation of Persons, Properties and Industries Authority; (ii) where any officer or servant of the Rehabilitation of Persons, Properties and Industries Authority established under section 2 of the repealed Act, expresses a desire – (aa) not to accept employment in the Office for Reparations; or (bb) to accept employment in the Office for Reparations, but in view of the nature of the services performed by him in his employment in the Rehabilitation of Persons, Properties and Industries Authority, he cannot be accommodated in the staff of the Office for Reparations, be paid compensation in terms of a voluntary retirement scheme approved by the Cabinet of Ministers; (iii) until such time as an appropriate decision is made by the relevant authority with regard to the cadres and salaries of the Office for Reparations, the approvals made and prevailing in respect of the cadres and salaries of the Rehabilitation of Persons, Properties and Industries Authority on the day immediately preceding the date of commencement of this Act shall be deemed to be an approval of the cadres and salaries of the Office for Reparations; (d) all actions and proceedings instituted by or against the Rehabilitation of Persons, Properties and Industries Authority established under section 2 of the repealed Act, and pending on the date of commencement of this Act, shall, with effect from the date of commencement of this Act, be deemed to be actions and proceedings as the case may be, instituted by or against the Office for Reparations established under section 3 of this Act and may accordingly be continued and completed; (e) all judgments and orders made in favour or against the Rehabilitation of Persons, Properties and Industries Authority established under section 2 of the repealed Act, and remaining unsatisfied on the day immediately preceding the date of commencement of this Act, shall, with effect from the date of commencement of this Act, be deemed to be judgements and orders made in favour or against the Office for Reparations established under section 3 of this Act and be enforced accordingly; (f) all the claims made to and all the programmes commenced by the Rehabilitation of Persons, Properties and Industries Authority established under section 2 of the repealed Act, on the day immediately preceding the date of commencement of this Act, shall, be deemed on and after the date of commencement of this Act to be the claims made to and all the programmes commenced by the Office of Reparations established under section 3 of this Act; and (g) all interests, rights, assets, obligations, debts and liabilities of the Rehabilitation of Persons, Properties and Industries Authority established under section 2 of the repealed Act, on the day immediately preceding the date of commencement of this Act, shall be on and after the date of commencement of this Act to be interests, rights, assets, obligations, debts and liabilities of the Office for Reparations established under section 3 of this Act. Interpretation.
(a) persons who have suffered damage as a result of loss of life or damage to their person or property, – (i) in the course of, consequent to, or in connection with the armed conflict which took place in the Northern and Eastern Provinces or its aftermath; or (ii) due to political unrest or civil disturbances; or (iii) such damage being in the nature of prolong and grave damage suffered by individuals, groups or communities of people of Sri Lanka; or (iv) due to an enforced disappearance as defined in the International Convention for the Protection of all Persons from Enforced Disappearance Act, No. 5 of 2018; (b) relatives of a deceased person or, a person missing in the circumstances referred to in paragraph (a); “collective reparations” mean, such measures as are intended to recognize the right to an effective remedy and benefits to the communities or groups of aggrieved persons and shall include – (a) means of remembrance of deceased persons, including memorials; (b) development of infrastructure; (c) educational programmes, training, and skills development programmes; (d) community development programmes or services; and (e) other appropriate programmes as identified by the Office of Reparations in consultation with affected communities; “individual reparations” mean, such measures as are intended to recognize the right to an effective remedy and benefits for an individual aggrieved person and shall include - (a) any monetary payment or material benefit provided to an aggrieved person; (b) micro-finance and concessionary loans; (c) educational programmes, training, and skills development programmes; (d) administrative assistance, and welfare services including psycho-social support provided to an aggrieved person; (e) measures of restitution, including the provision of land and housing; and (f) other appropriate measures identified by the Office for Reparations; “relatives”, in relation to a deceased person or a missing person include the following persons:– (i) spouse; (ii) children; (iii) parents ; (iv) brothers or sisters; (v) parents-in-law, brothers/sisters-in-law, sons/daughters-in-law; (vi) grandchildren and grandparents; “reparations” include, individual and collective reparations. Sinhala text to prevail in case of inconsistency.
English Acts of the Parliament can be purchased at the “P RAKASHANA P IYASA ”, D EPARTMENT OF Government Printing, No. 118, Dr. Danister De Silva Mawatha, Colombo 8.