Recommendations
A/HRC/33/51/Add.2
Measures taken/current situation
Situation during
the visit
A/HRC/33/51/Ad
d.2
Level of implementation and
observations (to be completed
by the WGEID)
ICJ
No legislation amending the Judicature Act in order to grant the magistrates more power has
been passed in the last four years.
Reparations
84. The Working Group
recommends that the
Government of Sri Lanka:
(a) Develop, as a matter of
urgency,
a
national
reparations policy taking
into account the specific
needs of women and
children
and
make
adequate provisions for it in
the State budget;
Paragraph 59 64
Government
Office for Reparations Act No 34 of 2018 (accessible at
https://www.parliament.lk/uploads/acts/gbills/english/6107.pdf) replaced the
Rehabilitation of Persons, Properties and Ondustries Authority Act (REPPIA
Act) No 29 of 1987 which had the mandate of assisting in the rehabilitation of
affected persons by way of an outright grant or any such other means as
REPPIA may be deemed necessary.
The Office for Reparations Act was passed by Parliament on 10 October 2018
and was certified by the Speaker of Parliament on 22 October 2018. Upon the
nominations of the Constitutional Council, the President appointed the
Commissioners on 3 January 2019 and the Office is now operationalized.
The Working Group notes that
the Office for Reparations is now
operational and that the 2019
budget allocates funds to the
Office. The Group reiterates its
recommendation to develop, as a
matter of urgency, a national
reparations policy taking into
account the specific needs of
women and children.
The Act makes provisions to individual and collective reparations to victims of
serious violations of human rights or humanitarian law and to their relatives.
Reparations could be material or symbolic, individual or collective and include
financial compensation as well as restoring political and civil rights, physical
rehabilitation, granting access to land, healthcare or education, irrespective of
ethnic and religious identity, community or background.
OMP
106
79
107
Office for Reparations Act, No. 34 of 2018, Section 2(a).
OMP Act, above n 16, Section 27(a).
A/HRC/42/40/Add.1
In 2018, the Government enacted the Office for Reparations Act, No. 34 of 2018. The Act
provides for an Office for Reparations which has a mandate to award individual and collective
reparations.106 The Office is mandated to award reparations to persons who have suffered
damage as a result of loss life or damage to their person or property inter alia in connection
with the armed conflict, due to political unrest, civil disturbances, or an enforced
disappearance. 107 In April 2019, His Excellency the President appointed Mrs. Dhara
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