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Formulating a National Action Plan for Reparations: An Interview with the Head and Director General of the Office for Reparations

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Interview

Writers-Hiruni Jayaratne and Waruni Kumarasingha- Strategic Communications Unit (Lakshman Kadirgamar Institute)

Sri Lanka is very much in the spotlight at 51st session of the UN Human Rights Council in September 2022. Last year, the Council adopted resolution 46/1 calling on the Government of Sri Lanka to show tangible progress in accountability and reconciliation. The government’s stated policy is that there are domestic mechanisms to address the concerns raised by the international community and they should be given time to show results. However, critics charge that the domestic mechanisms are one-sided and favours the Government without addressing the core issues of reconciliation.

It is therefore important to analyse these views and gain proper understanding of this mechanism. In terms of the domestic mechanisms referred to by the Government , there are six such mechanisms: The Office for National Unity and Reconciliation (ONUR), the Steering Committee on Sustainable Development Goals (SGD16); The Presidential Commission to inquire into the findings of the previous Commissions, The Office on Missing Persons, The Office of Reparations and The Human Rights Commission.

We spoke to Dhara Wijayatilake, Attorney-at-Law, Chairperson and Nazeema Ahmed, Director General at the Office for Reparation to find out how this mechanism operates and its objectives.

The following are excerpts of the interview:

What is the mandate of your institution and the background to its creation?

The Office for Reparations is an independent body established in terms of the Office for Reparations Act, No. 34 of 2018 to manage Sri Lanka’s reparations regime and grant reparations to victims of conflict, which was passed in Parliament and came into operation on 22nd October 2018. The principle objective of the Reparations Act is to provide for a framework for the grant by Government of remedies or relief to its citizens or the intention to assist persons who have suffered loss or damage as a result of a conflict referred to, to build and restore their lives.

How do you define “Reparations”? Do you have a criteria to measure “progress” in Reparations?

“Reparations” is another term for “relief”, “remedies” or “redress” and the affected persons are referred to as “aggrieved persons”. As expressly set out in the preamble to the Act, the intention is to contribute to the promotion of reconciliation for the wellbeing and security of all Sri Lankans, including future generations. This is to be achieved through assisting all citizens of Sri Lanka who have suffered under specific circumstances listed under Section 27 of the Reparations Act to “rebuild and restore their lives, and thereby to advance the wellbeing and security of all Sri Lankans, including future generations. The huge task that the Office for Reparations faces is to help formulate a national action plan to identify the outcome oriented difficulties and to make this goal a reality.

What activities has the OR done so far such as progress, action plan, strategies etc to achieve this vision?

Office for Reparation is delivering a greater service to the society by focusing on key areas consisting of:

i. Livelihood Support

Generating livelihood support was identified as an immediate need by the OR. Throughout the period, OR has organised and completed numerous programmes to facilitate livelihood assistance to the community. For instance,

Access to water supply for irrigational/ agricultural activities to assist farmer communities;

Integrating the aggrieved persons to the numerous poverty alleviation programs carried out by the government;

Generation of livelihood avenues, and self-employment opportunities in the affected areas.

To improve the living standards of the aggrieved community, last year OR developed a knowledge and technology transfer programme enabling new startups and entrepreneurship. The first Knowledge and Technology transfer programme was conducted for female heads of households in Thellipalai Divisional Secretariat in the Jaffna district in December. One hundred and two (102) women participated in the programme which provided both lectures and practical demonstrations on new startups such as virgin coconut oil extraction, preparation of liquid soap, etc.

ii. Compensation and Financial Support

During the period, the OR processed 5,964 claims and paid Rs.399.8 million as compensation for death, injury and loss or damage to property as a result of the conflict in the North and East and seven other incidents of civil commotions that occurred between 2006 and 2019. In addition to the compensation payments, the OR also continued to implement a loan scheme that was commenced by Rehabilitation of Persons, Properties and Industries Authority (REPPIA). The financial support is provided for aggrieved persons and socially reintegrated ex-combatants for self-employment and housing.

iii. Restitution of Land Rights

OR is working on the expeditious release of land, where possible, to the rightful owners, and where release is not possible, expeditious payment of compensation or provision of alternate land to the rightful owners with the collaboration of respective government authorities.

iv. Provision of Housing

The housing loan scheme was approved by the government in 2010 to assist war affected widows and other affected persons to construct houses for their resettlement. An amount of Rs. 24,000,000.00 was paid for 96 cases in 2019 and amount of Rs.750,000.00 was paid for 03 beneficiaries in 2020 under the review by OR.

v. Development of Community Infrastructure

To develop the community infrastructure based on various damages, have been monitored and facilitated by OR during the last years. For instance, payment of compensation for the affected persons and families in Kandy incident, compensation for the affected victims of easter Sunday bomb attack who lost properties and lives in 2019, Payment of compensation for the damaged places of worship.

vi. Administrative Relief

Since many programmes have already been implemented at district level, the OR considered it necessary to engage with the district administration to identify the gaps. For this purpose, the OR met with the District Secretaries from all 25 districts in November 2021 to create awareness on the role and mandate of the OR, and to discuss the support expected of them. The OR distributed a questionnaire to collate relevant information from the District and Divisional Secretariats to identify the needs of the aggrieved community.

vii. Psychosocial Support

The OR has identified the impact of conflict on victims as a serious concern which needed to be addressed. Under this, a pilot Psychosocial Support Programme was designed and the training of 26 Case Managers was completed during last year. The pilot programme commenced during the year with the conduct of the field level engagement with 136 aggrieved persons in five Divisional Secretariat areas that were selected for the Pilot programme in Kilinochchi (Karachchi DS Division), Batticaloa (Arayampathy -Manmunai Pattu DS Division), Ampara (Navithanveli DS Division), Kurunegala (Kurunegala DS Division) and Matara (Matara Four Gravets DS Division).

viii. Measures to advance unity, reconciliation and non-recurrence of violence

Several initiatives have been identified and are being taken in collaboration with relevant stakeholders including government and civil society organizations. An initial discussion to introduce a pictorial book to promote peace and unity among primary grade students was held with the Ministry of Education. The Members of the OR initiated a joint consultation grouping titled the “Unity Cluster” which meets regularly to discuss common programmes and areas for support and thereby avoiding duplication and promoting meaningful use of resources with the joint collaboration of the Office for Missing Persons (OMP) and the Office for National Unity and Reconciliation (ONUR).

Meanwhile the OR has taken other key initiatives to facilitate the society by,

Awareness creation among stakeholders

The OR made presentations to different stakeholder groups with the objective of creating awareness of the Cabinet approved Policies and Guidelines and the role of the OR in providing reparations last year. For instance, Development Partners on 8 October 2021, Butterfly Peace Garden CSO on 27 October, Meeting with the Hon. Governor and the District Secretaries of the Northern Province on 29 October 2021, Civil Society Collectives on 9 November 2021, Muslim Women Development Trust (displaced community of Puttalam district) on 25 November, Disability Action Committee of Batticaloa district on 21 December 2021.

Engagement with Civil Society Organisations

The OR organised a dialogue with CSOs on 15 October, 2021 which was attended by over 40 participants representing 30 organizations. As a follow-up to this discussion, the Secretariat had bilateral discussions with several CSOs to discuss the implementation of programs for the benefit of the aggrieved communities.

Transparency and dissemination of information

To provide appropriate and accurate information, the OR website has been revamped and all information uploaded in all three languages, subject to maintaining confidentiality with regard to details regarding aggrieved persons. In addition, a comprehensive Information Management System is being developed to enable evidence-based decision making in relation to the grant of reparations to aggrieved persons.

Sensitisation of OR staff

To empower OR’s staff on the victim centric approach that needs to be adopted in dealing with victims of conflict, various sessions have been organised during the years. For instance; the session on gender and reparations conducted by Center for Equality and Justice (CEJ), awareness session on domestic violence conducted by Women in Need (WIN), the session to mark the World Mental Health Day 2021 to understand the mentalities of the victims and the role of the OR staff in granting relief conducted by the Psychosocial support Consultant, the session on stress and coping conducted by the trained Case Managers of the OR based on their real experience, awareness session on the reparations policies and guidelines conducted by the Director General with a main focus of adopting a common and outcome-oriented approach in service delivery.

04. What do you see as the main problem or problems to reparations in this country and what are some of the ways that the Office for Reparations is addressing these problems?

After the conflict ended, restoring, rebuilding or assists persons who have suffered is the major challenge for Office for Reparations to identify the root causes and solutions to the problems. Office for Reparations has identified the areas to be addressed with immediate effect by giving psychosocial support,Knowledge Transfer programmes and technological workshops to those who interested in pursuing self- employment opportunities. Therefore, lack of internal human resources is the main issue and challenge that Office for Reparation is currently facing with.

Lack of literacy on Reparations among civilians is another challenge that the Office for Reparations is dealing with, to enhance the knowledge about Reparations to the public these above mentioned workshops by OR has given positive impact especially for the “Aggrieved Person” during the civil war.

05. Gaining international credibility for the domestic mechanisms is one of the greatest challenges faced by the government. How do you address this in regard to the Office for Reparations?

Any institution gains credibility from the service it provides to the people who receive its services, and the commitment it demonstrates to achieve its macro-goals. The Office for Reparations has been able to actively
carry out its statutory mandate over the past few years, serving aggrieved persons and restoring lives, despite several challenges, including COVID-19. The feedback we have received from our beneficiaries has been very positive. Special mention should be made to the pilot psychosocial support programme we launched last year, which received a very positive feedback from the victims and their families.

The Office for Reparations is actively engaged in consultation with the civil society organisations, organizing public awareness programmes and funding or restoring projects around the island. So far, the feedback from the international organizations, embassies and civil society is very positive, encouraging the Office to do more.



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Opinion

Christmas Roots and Hearts Aglow:

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Rekindling Faith, Peace, and Love Below…!

(Practical Tips for Christmas Bliss)

by Rev. Fr. (Dr.) Eymard Fernando

Bishop’s House, Kurunegala.

In an increasingly and incredibly materialised and commercialised world today, the core meaning of Christmas often seems distorted, being overshadowed by consumerism, bustling sales, and extravagant festivities. Yet, at its heart, Christmas is a season meant for reflection, change, love, and unity – a time when people gather to celebrate gratitude and generosity centred around the Divine Baby. As we explore the roots of Christmas and what it can mean for us in today’s world, we uncover themes of faith, hope, peace, and kindness that transcend religious boundaries, reminding us of the true purpose and value of God becoming man.

Therefore, let us delve a little into the origins and deeper significance of Christmas, exploring ways to return to these roots through themes of generosity, togetherness, and humility. By rediscovering these essential values, we can certainly celebrate Christmas as a season that brings light and life to our world.

A Season of Faith and Reflection

Christmas has its origins in the Birth of Jesus Christ, a moment celebrated by Christians as the arrival of hope and salvation. However, even beyond its religious significance, Christmas season has become a time when many reflect on themes of love, hope, and renewal. The story of the Nativity conveys universal values: humility, peace, and the power of hope.

The Birth of Jesus in a humble manger represents a profound lesson about simplicity and compassion. As theologian Henri Nouwen noted, “Jesus was born in the least expected place to the least expected people in the least expected way.” This simplicity, intertwined with humility, challenges the commercialised image of Christmas today. Instead of focusing on luxury and excess, the roots of Christmas invite us to value the simple, meaningful aspects of life: faith, family, and fraternity.

In today’s world, we can return to these roots by setting aside time for personal reflection during Christmas. Practising gratitude, being mindful of those less fortunate, and reaching out to loved ones are all different ways we can honour the spiritual foundation of Christmas. Thus, we all can benefit from a moment of stillness and introspection during this busy time of the year.

The Spirit of Generosity and Compassion

Christmas has always been a season of sharing, inspired by the gifts of the Magi to the Christ- Child and later, Saint Nicholas’ acts of charity as santa claus. However, the tradition of sharing has gradually shifted from simple acts of kindness to an intense focus on material gifts. According to American sociologist Juliet Schor, “We give to show love, but in a culture that equates love with spending, our giving has been commercialized.”

However, in recent years, a shift towards alternative, meaningful sharing has gained momentum in the form of a worthy ‘retromarch’. Many individuals and families now choose to give to charity in a loved one’s name or to offer experiences rather than material goods. This form of sharing very much aligns with the true spirit of Christmas, embodying generosity without extravagance.

Likewise, local initiatives, such as community food drives and clothing and toy collections, have become popular ways to give back. Participating in these efforts allows people to connect with others in their communities, creating a shared sense of purpose and compassion. As Mother Teresa famously said, “It’s not how much we give, but how much love we put into giving.” By focusing mainly on the intention behind our gifts, we can bring the spirit of Christmas alive in our own hearts and communities. However, the magic of Christmas is not very much in presents and parties, but in His Presence!

Family and Togetherness: A Time for Connection

The Christmas season is often one of the few times in the year when families come together, setting aside time to reconnect, reflect, and celebrate. This emphasis on togetherness is deeply rooted in the season’s traditions, dating back to ancient winter solstice festivals where communities gathered to share warmth and light during the darkest days of the year.

In modern times, when families may be dispersed across cities or even continents, Christmas remains a crucial opportunity to reconnect. This communal emphasis shows how Christmas, regardless of religious affiliations, has become a unifying tradition centred on family.

Simple traditions – like sharing a meal, decorating a Christmas tree, or singing carols together – allow families to pause, connect, and create memories. These rituals not only strengthen family bonds but also convey the essence of Christmas for younger generations. As American author Richard Paul Evans, best known for his inspirational and heartfelt novels says, “The smells, tastes, and sounds of Christmas are the roots that nurture a family tree.” By focusing on togetherness, Christmas serves as a reminder of the love and connection that sustain us all throughout the New Year.

Peace on Earth: Seeking Unity in This Divided World

One of the most significant messages of Christmas is the call for ‘Peace on Earth’. Yet, today’s world is marked by political, social, cultural, economic and various other divisions, making the pursuit of peace and unity more relevant than ever before. From the hymn ‘Silent Night’ to the angels’ proclamation of peace, Christmas has long symbolized hope in times of conflict.

A poignant historical example of Christmas promoting peace is the Christmas Truce of 1914, during World War I. British and German soldiers, entrenched on the Western Front, laid down their arms on Christmas Eve to exchange greetings, sing carols, and share small gifts. This unexpected truce, though brief, reminded soldiers of their shared humanity amidst the horrors of war. It symbolised the power of Christmas to transcend differences and bring people together, even during a time of darkness and death.

Today, peace-oriented traditions continue to play an important role during Christmas season. Interfaith gatherings, community meals, and charitable events all serve as spaces for people from different backgrounds to connect and understand one another. In a world often divided by ideological and political differences, Christmas can become a season with a reason for open dialogue, compassion, and understanding. Embracing Christmas’ call for peace and unity allows us to honour its roots in ways that resonate with our global context.

Practising Simplicity and Mindfulness

While Christmas has grown as a metaphor for lavish celebrations and enchanting tamashas, the season’s roots actually encourage simplicity and mindfulness. The traditional story of Jesus’ Birth in a manger speaks to a humble beginning, one that invites us to cherish what truly matters in life. Embracing that simplicity allows us shift our focus from material abundance to the richness of shared experiences.

In recent years, minimalism and mindfulness have gained popularity as antidotes to the consumer-driven spendthrift lifestyle with a ‘shop till you drop’ psychosis. Many people now opt for simpler, handmade gifts or choose to forgo elaborate decorations in favour of natural elements. These preferred choices reflect a desire to connect more authentically with the true meaning of Christmas. Instead of flashy lights or mountains of gifts, families can create meaningful memories through acts of kindness or spending quality time together strengthening family ties. One modern example for this is the ‘Reverse Advent Calendar’ tradition. Instead of receiving a treat each day, participants place an item – such as dry rations or clothing – in a box to donate to those in need. This practice helps to instil gratitude and generosity, shifting the focus from consumption to community service. By embracing a simpler and more mindful and meaningful approach, we honour the humble roots of Christmas and foster a deeper sense of appreciation for life’s countless blessings.

A Journey of Rediscovering…

Returning to the roots of Christmas is a journey of rediscovering faith, kindness, and togetherness in a world that often moves at a very rapid pace. The true spirit of Christmas calls us to reflect on values that transcend time and culture: humility, compassion, peace, unity, and love. In embracing these themes, we transform Christmas from a season of materialism into one pregnant with meaning.

As we celebrate Christmas this year, let us remember that this event is not about what we have, but about who we are with and how we make others feel. It is a season of opening our hearts and minds to others, of putting love into action, and of finding moments of peace and tranquility in the midst of cacophony, disorder and chaos. By going back to the roots of Christmas, let us therefore invite joy, hope, and kindness into our lives, allowing Christmas grow and glow with renewed purpose and profound meaning resulting in a new birth in our own lives!

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Opinion

Closer look at regulatory oversight and its impact on tourism

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Sri Lanka’s Struggling Aviation Sector:

Sri Lanka, a nation blessed with cultural richness, breath-taking landscapes, and strategic geographic positioning, has long been considered a gateway to Asia’s tourism market. Yet behind the scenes, the country’s domestic aviation sector is struggling, caught in a web of regulatory challenges and infrastructural stagnation. Two key documents shed light on these issues: the ICAO Universal Safety Oversight Audit Programme (USOAP) Continuous Monitoring Approach (CMA) Final Report (November 2018) on Sri Lanka’s civil aviation system, and a recent panel discussion organised by the Organisation of Professional Associations (OPA) on “The Role of Domestic Aviation in Sri Lankan Tourism.”

Taken together, these sources paint a picture of a sector mired in what industry experts call “over-regulation” and “lack of facilitation.” This situation not only impedes the growth of domestic aviation but also adversely affects the country’s tourism potential. At the heart of the problem lies the Civil Aviation Authority of Sri Lanka (CAASL), described as being more obstructive than supportive, thereby stifling innovation and progress in the industry. ICAO highlights the need for a more tailored regulatory approach, stating as a high priority that “all the applicable provisions of the Annexes to the Chicago Convention are properly transposed to Sri Lanka national regulations, instead of a word-by-word copy of the Annex provisions, to ensure that the national regulations provide for clear requirements of the State and are implementable and enforceable.”

The OPA panel discussion reinforces these findings. It offers a historical overview going back to the 1950s, when domestic aviation briefly thrived under partnerships like Air Ceylon and Australian National Airways (ANA). Yet by the 1960s and beyond, domestic aviation began to decline due to inadequate regulatory support, financial hurdles, and misguided policy decisions. As the OPA discussion states: “During the discussions, fingers were pointed at the Regulator, Civil Aviation Authority Sri Lanka (CAASL), Airport and Aviation Sri Lanka (AASL), and the Sri Lanka Air Force (SLAF) for being more obstructive than facilitative as a direct result of their employment of personnel who are unprofessional, inefficient and unqualified.” This criticism suggests that the CAASL applies international standards (SARPs) too rigidly, without considering alternative means of compliance suitable for local conditions. Instead of fostering a dynamic and cost-effective domestic aviation environment, over-regulation hampers operators and prevents them from serving remote destinations efficiently.

The impact on tourism is profound. High-end travellers value time and comfort, and efficient domestic aviation can transform hours-long road trips into brief, scenic flights. As noted in the OPA document, domestic aviation could attract “high end ‘luxury tourists’ who preferred to go from their departure point to their final destination in minimum time.” Yet over-regulation, poor infrastructure, and insufficient marketing force many visitors to rely on time-consuming road travel or skip certain destinations altogether.

Summarising the problem, the OPA document states: “The overarching message was that domestic aviation and the tourism industry do not seem to work together as a team.” Both the ICAO report and the OPA discussion not only highlight deficiencies but also propose solutions. ICAO recommends that the CAASL “conduct a structured review of all Regulations/Implementing Standards” to ensure regulations are more practical and enforceable. Despite these clear directives, it remains puzzling why the current administration has not acted on these recommendations and taken advantage of the “low-hanging fruit” within domestic aviation. Sri Lanka stands at a crossroads. Its natural beauty, cultural diversity, and strategic location create a promising backdrop for a thriving tourism industry. Domestic aviation can serve as a critical catalyst in this resurgence. However, the documents make it clear that unless the CAASL heeds ICAO’s recommendations and the OPA’s insights, regulatory gridlock will continue to hold the sector back. If the CAASL adopts the suggested reforms, Sri Lanka’s domestic aviation could finally take off, bolstering the tourism sector and paving the way for sustainable growth, greater foreign exchange earnings, and enhanced competitiveness in the regional travel market.

Aircraft Owners’ and Operators’ Association

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Opinion

What AKD and NPP should bear in mind

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AKD

This is to thank you for drawing attention to the dangers posed by India to our society and its culture and other basic resources as well as its on-going exertions towards encroaching on our maritime territory.

As your distinguished correspondent Neville Ladduwahetty has pointed out in an article—President Dissanayake’s forthcoming visit to India: Issues Sri Lanka should take up with New Delhi (09 Dec.)—in your columns, what the NPP government led by Anura Kumara Dissanayake should bear in mind is that India is not our friend. Indeed, as I myself pointed out in an opinion piece published by you many months ago, India’s practice of greed has alienated everyone of the countries that lie on or in proximity to its borders from Pakistan in the west to Bangladesh in the east, to Sri Lanka and the Maldives  in the south with that vast territory of distinct cultures that cover Jammu and Kashmir, Nepal and Bhutan all capped by China.

India mouths the observations made by the rest of the world on what is euphemistically called “western” “hypocrisy” (and not the pack of looters and genocidal goons they have long been). The reason for that has been quite evident but has been pronounced a few days ago in statement/s by Jaishanker (a public servant who has found politics more to his taste) on India’s “complicity” (what a seeking-to-be-neutral term) in the criminal assaults on the people of and around Palestine.

And, if one were to ask, “Who are they?” they are a widespread group of rogue states and range from the prime mover (the USA) to arms-vendors across Europe, to traders in fossil fuels and to money-makers by any other means such as Egypt’s Sisi, Pakistan’s unelected rulers in military uniform whether home-bred or governed by the “policy’ makers in Washington and right down to the wallahs of a rich mixture of rogue businessmen, politicians cum mythmakers masked in “religion” in India.

And what have we here? The same manoeuvres as elsewhere with treacherous politicians of our own in place of the Marcos line in the Philippines, the Sharifs et al in Pakistan and a whole string of the like in Africa and Latin America.

How subservient the more recent lot here are and how much the US-Indian combine can chalk up as “success” can be seen in a wealthy Indian businessman’s role in support of the American-underwritten carnival on Galle Face green to remove Gotabaya from office. An exertion capped by insinuating their long-term friend, Ranil Wickresinghe, into Parliament and the presidency with not a whisper of legitimacy. And that’s the sort-of man who spent hundreds, maybe thousands of our hard-earned ‘valuable foreign exchange’ going for funerals and other bits of show-dom. We await the present administration to make public an audit of those and other expenditures incurred by him and his cohorts, in addition of course to the ‘agreements’ he has signed with ‘his’ constituency of MPs who had long lost any form of legitimacy themselves.

And now they must be, should be, delighted to have Harini Amarasuriya. She is on record as telling us that she’s concerned for India’s fears for her security from her neighbours. I do not wish to go on and risk the blood pressure levels of your readers by spelling out the meaning of what she’s said and of her presence in Parliament, never mind the Cabinet.

That reminds us that she has been designated “Prime Minister” as following Sirimavo Bandaranaike, who earned world-wide respect for severing diplomatic relations with Saigon (Vietnam), Formosa (Taiwan) and ‘Israel’.

That was in 1970, over fifty years ago. It’s possible that Dr. Amarasuriya’s knowledge of or respect for history does not extend that far back.

Gamini Seneviratne

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