A/HRC/40/23 19. The national consultations on reconciliation mechanisms held in 2016 and the establishment of the Office on Missing Persons remain the two main achievements in the field of transitional justice since 2015. The final report on the consultations remains the key document identifying the needs and aspirations of victims.5 Commissioners were appointed to the Office on 28 February 2018 for a period of three years. As at December 2018, the Office was the only functioning transitional justice mechanism. It has conducted six consultations with stakeholders throughout the country and made progress towards establishing the 12 regional offices it plans to open. On 5 September 2018, it presented its first interim report.6 20. The High Commissioner appreciates the significant efforts made by the Office on Missing Persons in consulting stakeholders and in identifying priorities in its report, and encourages it to continue to strengthen its capacities. The High Commissioner also highlights the importance of promptly delivering results when handling individual cases as the best way to gain the trust of victims, while acknowledging that victim tracing procedures require thorough assessments in multiple areas and therefore take time. The mandate of the Office as defined in Act No. 14 of the Office on Missing Persons (establishment, administration and discharge of functions) (2016) establishing it – to “provide appropriate mechanisms for searching and tracing […] missing persons, and to clarify the circumstances in which such persons went missing, and their fate” – gives hope to many Sri Lankans who lost their loved ones. Many, however, remain sceptical, such as the families of those who surrendered in the last days of the conflict, who believe that their relatives are either in custody and that no institution is required to release them or acknowledge their whereabouts, or that they have been killed, in which case they do not believe that the Office disposes of the means necessary to identify and prosecute perpetrators. In its report, the Office identified the provision of short-term relief to families of victims as the priority and recommended the measures to that end, while acknowledging that they do not amount to reparations. 21. The High Commissioner is convinced that the Office on Missing Persons, if fully operational, can play a crucial role in tracing individuals, identifying remains and reuniting families. Nonetheless, the lack of a comprehensive strategy and of outreach on the process to address the past has led some to question how the various transitional justice processes and mechanisms envisaged would interact. 22. Addressing disappearances in a comprehensive manner is essential to ensuring the credibility of the entire transitional justice agenda. Experiences from other regions show that securing conclusive results is a process that requires sustained efforts and resources over many years. The Office on Missing Persons must find a balance between the need to establish itself as a lasting institution with solid foundations and the expectation of immediate results, which would give victims the incentive to cooperate with the body. For this reason, the Office should strategically plan both its short-term and long-term goals. 23. On 29 May 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province). Excavations, conducted with the support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were recovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office as an observer is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains. To strengthen the processes of excavation, investigation and identification of human remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office on Missing Persons must be ensured. 24. The High Commissioner welcomes the enactment by the parliament, on 7 March 2018, and subsequent certification by the Speaker, on 21 March, of the Enforced 5 6 Final Report of the Consultations Task Force on Reconciliation Mechanisms, November 2016. Available from http://war-victims-map.org/onsultation-task-force-on-reconciliation-mechanismsfinal-report-volumes-i-and-ii/. Available from https://news.lk/images/Master_Document_Clean_Document_28_August0.pdf. 5