For any post war society grappling with the consequences of past violence and engaged in exploring modalities for transitional justice, reparations is an important tool. Reparations, if designed and implemented in an inclusive manner that factors in the grievances of the victims and affected communities, can be an effective tool in acknowledging and addressing the injustices of the past. It is a bridge between the past and the future, and an integral element in the transition towards reconciliation.
The numerous transitional justice initiatives in Sri Lanka, in the past, have at different times explored the issue of reparations, many in ad-hoc forms with no comprehensive policy yet to be introduced that meets basic international standards. Past commissions of inquiry (COIs) including the All Island Commission of Inquiry into Involuntary Removal and Disappearance of Certain Persons of 1998 (Disappearances COI) and the more recent Lessons Learnt Reconciliation Commission (LLRC) recognized the need for reparations and made some useful recommendations including legal and policy reform and assistance to victims. There have also been government circulars and programs to award compensation and issue death certificates including the work of the Rehabilitation of Persons, Properties and Industries Authority (REPPIA). This paper discusses some of these initiatives, some which continue to be relevant and necessary today, and provides recommendations that should be examined and implemented without further delay.
The Centre for Policy Alternatives (CPA) reiterates its advocacy over the years for truth, justice, reparations and institutional reform. In the post war context, CPA has done considerable work in documenting trends and patterns of ongoing violations and advocated reform including legal and policy reform. CPA has also called for action in terms of the four arms of transitional justice and has initiated dialogues among the different stakeholders on the areas that require reform. In this regard, CPA will produce several policy documents to feed into the design and implementation of processes and mechanisms of transitional justice, which will generate a wider discussion on transitional justice and related issues. This is an initial paper on reparations, which will be followed by several other initiatives.
Download the discussion paper here.