Situation during
the visit
A/HRC/33/51/Ad
d.2
Measures taken/current situation
Level of implementation and
observations (to be completed
by the WGEID)
Registrar General’s Department had issued 769 certificates to applicants from the Ampara,
Trincomalee, Batticaloa, Jaffna, Killinochchi, Mannar, Vavuniya, Mullaitivu, Gampaha and
Monaragala districts.
OMP
The Registration of Deaths (Temporary Provision) (Amendment) Act, No. 16 of 2016
provides for the issuance of Certificates of Absence (CoA). A CoA is a legal document which
provides for the status of a missing or disappeared person and enables families of the missing
and disappeared to access administrative and financial services and other benefits in the
absence of a Certificate of Death. The OMP is mandated to issue Interim Reports to families
of the missing and disappeared under a special procedure which enables them to obtain CoAs
from the Office of the Registrar General.22 The OMP has engaged with the Office of the
Registrar General to fast track the process of obtaining CoAs through this special procedure.
Further, families who are in possession of CoAs have made representations to the OMP
concerning challenges they experience when dealing with government bodies, financial
institutions and foreign missions due to a lack of awareness and or lack of clarity as to the
validity and purpose of CoAs, as these institutions refuse to accept the CoA. The OMP made
interventions to the Secretary to the Ministry of Foreign Affairs, all foreign missions
established in Sri Lanka and the Governor of the Central Bank to address concerns identified
by families.
Amnesty
The OMP under section 13, is able to issue an interim report to the relative of a “missing
person”, in order to enable the Registrar General to issue a Certificate of Absence.
Provisions) Act, No. 16 of 2016
and the OMP can facilitate their
issuance. However, according to
the information received, there
are difficulties in recognition of
these certificates in practice.
The Working Group therefore
encourages further efforts to
ensure their acceptance.
Centre for Justice and Change
The lase amended to provide Certificate of Absence but people obtaining it has procedural
difficulties on the ground.
Families of the Disappeared
The government is issuing “Certificate of Absent (CA) to the families who applies for that.
“There is a possibility for the families who got the death certificates without seeing or
receiving the dead bodies to also get the CA.
ICJ
No provision in the Act on Enforced Disappearance refers to a declaration of absence. The
Office of Missing Persons Act under Section 13 (1) (a) (i) provides that the OMP should
22
OMP Act, above n 16, Section 13(1)(a).
A/HRC/42/40/Add.1
24
Recommendations
A/HRC/33/51/Add.2
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