Recommendations
A/HRC/33/51/Add.2
(i) A specific procedure for
finding a disappeared
person;
(ii) A national register of
forcibly
disappeared
persons;
18
19
Measures taken/current situation
The International Convention for the Protection of All Persons from Enforced Disappearance
Act No. 5 of 2018 (Act on Enforced Disappearance) came into force for Sri Lanka on 21st
March 2018.
(Available at https://srilankalaw.lk/gazette/2018_pdf/05-2018_E.pdf)
OMP
Neither the Enforced Disappearances Act nor the Office on Missing Persons (Establishment,
Administration and Discharge of Functions) Act, No. 14 of 2016, (OMP Act) provides for a
specific procedure for finding a disappeared person. The OMP Act provides the OMP with an
explicit mandate to clarify the circumstances in which persons went missing and their fate.17
Further the OMP has specific powers to make rules and develop guidelines in order to
operationalise its mandate.18
Amnesty
(i),(ii): Measures under the mandate of the Office on Missing Persons (OMP), including the
set up a database of “missing persons”
Centre for Justice and Change
OMP still has to set procedure for finding the disappeared.
Families of the disappeared
Nothing
ICJ
No specific procedure spelt out in the Act on Enforced Disappearance. However, the Office
of Missing Persons Act under Section 12 spells out the Powers of Investigation of the Office,
the mandate of which includes the ‘search for the forcibly disappeared.’
OMP
As noted in its Interim Report there is no one accepted statistic for the total number of the
missing and disappeared in Sri Lanka.19 The OMP recognises the importance of multiple lists
of the missing and disappeared compiled by state agencies, commissions of inquiry and civil
society. The OMP is charged with the function to create, manage and maintain a database
Office on Missing Persons (Establishment, Administration and Discharge of Functions) Act No. 14 of 2016, Section 10. (OMP Act)
OMP Act, above n 16, Section 11(b).
OMP Interim Report, above n 2, para 11.
Level of implementation and
observations (to be completed
by the WGEID)
The Working Group notes that
the Act itself does not include a
specific procedure for finding
persons and does not provide for
a register of forcibly
disappeared persons. However,
it welcomes that the OMP Act
provides the OMP with a
mandate to search for the
forcibly disappeared, that the
OMP has been charged with
creating a database of missing
persons and that a temporary
database has been created.
See above
21
A/HRC/42/40/Add.1
17
Situation during
the visit
A/HRC/33/51/Ad
d.2
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