Application of the Concept of Reparation in Transitional Justice in Sri Lanka

Abstract

This study discusses the application of the concept of Reparation as an element of Transitional Justice (TJ) in the social transformation process especially after fragile circumstances in the society.The objective of this study is to analyze the application of Reparation in TJ processes in Sri Lanka in the post-conflict context.The term reparation refers to the measures to satisfy victims, such as revealing the truth, holding perpetrators accountable, and ceasing ongoing violations. Sri Lanka recognizes the concept of reparation aiming to assist victims by way of providing material and symbolic support.This recognition empowers affected communities to claim their legal rights as equal citizens. The study, therefore, emphasizes the needs of a Victim Centric Approach and the need to restrict politically initiated administrative measures in the reparation process.Introduction of the Reparation Act No 34 of 2018 to establish the Reparations Office can be regarded as a significant move to synchronize the reparations process in Sri Lanka with international standards.However, inconsistency in the application of the concept of reparation is still noticeable.This study is a library study based on the secondary sources of domestic and international legal instruments, scholarly articles, and judicial decisions.The study elaborates International standards on the concept of Transitional Justice (ICTJ) to find a gap in the Sri Lankan process of reparation in the light of the Victim Centric Approach.The study emphasizes issues related to international standards and domestic applications within the concept of reparations.Finally, this study suggests that the reparation process in Sri Lanka should adopt the Victimcentric Approach,therebyable toaddress the individual cases equally and effectively rather than addressing the grievances of specific communities.