Recommendations
A/HRC/33/51/Add.2
Measures taken/current situation
Situation during
the visit
A/HRC/33/51/Ad
d.2
Level of implementation and
observations (to be completed
by the WGEID)
No archive (military or otherwise) has been inaugurated in the past four years for the purpose
of archiving cases of enforced disappearances.
(k) Promulgate a law on
access to information and
develop a proper legislative
framework on archives so
as to guarantee full access
to
all
information
according to which could
potentially
lead
to
clarification in cases of
disappeared persons;
Amnesty
Amnesty International is unaware of new efforts on this front. Sri Lanka passed a domestic
law recognising the right to access information in 2016; Right to Information Act No. 12 of
2016. The Right to Information Commission is presently active, and appeals to the
commission are possible. However, according to section 15(1) of the legislation that
establishes the OMP, the RTI Act will not apply to matters communicated to the OMP in
confidence.
The Working Group welcomes
the promulgation of the Right to
Information Act No. 12 of 2016
and information according to
which it prevails over other
written law.
ICJ
The Right to Information Act No. 12 of 2016 under Section 3 allows for the requesting of any
information in the possession, custody or control of a public authority including any State
archive.
Even though the Presidential Seal placed on records of previous Commissions of Inquiry bars
such documents from being accessed for 30 years, Section 4 of the RTI Act states that the
provisions of the Act will prevail over other written law.
https://www.media.gov.lk/images/pdf_word/2016/12-2016_E.pdf
86
Paragraph 61
OMP
The OMP has reiterated the concerns expressed by past commissions of inquiry, as well as
the Consultation Task Force on the specific challenges female relatives of the missing and
disappeared face.86 The OMP has sought to ensure that its policies including its psychosocial
responsive strategies are gender sensitive. As noted above in response to recommendation
79(g) the OMP’s psychosocial responsiveness strategy propose to provide support to family
members at all stages of the search including in circumstances where death of the missing or
disappeared person has been confirmed. In addition to gender dimensions, the OMP is
sensitive to multiple forms of vulnerability experienced by families of missing and
disappeared persons, including those who are in situations of poverty, single-headed
households, families with children, families that have among them persons with disabilities
OMP Interim Report, above n 2, para 19.
The Working Group welcomes
information according to which
the OMP is undertaking efforts
to ensure the psychosocial
responsiveness
strategy
is
gender-sensitive and includes
support
for
families
of
disappeared persons whose
death is confirmed. The Working
Group hopes the policy can be
promptly finalised following
65
A/HRC/42/40/Add.1
(l) Develop a gendersensitive policy and action
plan to provide support and
rehabilitation for families
of disappeared persons,
including
specific
measures
to
support
families of disappeared
persons whose death is
confirmed through the new
truth-seeking processes;
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