Recommendations
A/HRC/33/51/Add.2
not involved in any way in
the commission of past
disappearances;
Measures taken/current situation
Level of implementation and
observations (to be completed
by the WGEID)
The records of past commissions of inquiry are stored at the Department of National Archives
(DNA) under Presidential Seal for a period of thirty years and the DNA is responsible for the
custody, physical preservation and use of the records.77 In April 2018 the Secretary to the
President granted approval to the OMP to access and digitise the relevant records and approval
was re-issued in January 2019. The OMP is currently in the process of implementing a plan
to access the relevant records.
remain in positions of power
including within the armed
forces and the police where they
can influence the progress of
investigations (see 78 (h)).
Situation during
the visit
A/HRC/33/51/Ad
d.2
Families of the Disappeared
82 (a) –(m)
All these recommendations are good. The only thing some are being included in the acts also.
But the Government does not have political will to do these. They move very slowly in
implementing these recommendations because the government thinks that implementing these
won’t increase their vote base in South especially among Sinhala community. So as a respect
or due to fear to the international they move very slowly as they do not want the South to feel
these things are actually happening. The Government is afraid and do not have the guts to face
the challenges from Mahinda Rajapaksa and his group including Buddhist monks in the South
against these recommendations.
The opposition comes from both sides. From South the opposition come against these acts
saying that these will harm the war heroes and will lead them to the guillotine. From North
they say these acts are not strong enough to fulfil their needs on disappearances. Though the
resistance come from both sides yet they are on based on different ideologies. So Government
is caught between these including the UNHRC.
The other problem is that we do not have a strong national movement to campaign on these.
Generally when a government is in power the opposition generally take up these issues into
their hands. But here Opposition oppose these and only the government is paying some
interest in implementing these which does not give much popularity in South.
ICJ
57
77
National Archives Act No 48 of 1973, Section 11.
A/HRC/42/40/Add.1
The Chairperson of the OMP stated that cases of the Presidential Commission on Missing
persons and other commissions of inquiry in the past have been transferred to the Office of
Missing Persons.
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