What is ‘Reparations’ in the context of Transitional Justice

It has been six years since the establishment of the Office for Reparations in Sri Lanka.

- BY DHARA WIJAYATILAKE, ATTORNEY AT LAW AND CHAIRPERSON OFFICE FOR REPARATIONS

There is however no clear understanding among many as to its mandate or role within the broader context of transitional justice in a country that seeks to recover from a civil conflict, promote reconciliation and ensure non recurrence. This article seeks to clarify the concept and highlight the statutory mandate of the Office for Reparations (“OR”) established in terms of the Office for Reparations Act, No, 38 of 2018 (“the OR Act”).

Reparations is one of the measures recognised within the broader context of Transitional Justice. Transitional Justice is defined by the United Nations as “the full range of processes and mechanisms associated with a society's attempt to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation.” Interventions to address transitional justice challenges became necessary at the end of the North East conflict as Sri Lanka sought to restore democratic systems and promote unity among its multi ethnic and multi religious peoples.

Reparations in the context of human rights and humanitarian interventions, is granted to victims of conflict who have suffered harm, to alleviate their situation which has arisen consequent to the harm suffered as a result of conflict. It is accepted that some of these violations are irreparable and nothing granted by way of reparations can restore the status quo ante of the victim.

Among the basic tenets recognised in the transitional justice regime are the following-

(a) the State obligation to investigate and prosecute alleged perpetrators of gross violations of human rights and serious violations of international humanitarian law, including sexual violence, and to punish those found guilty;