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)
facilitate the issuance of a Certificate of Absence in relation to a missing person where there
is sufficient material to conclude that the person to whom the complaint relates is a missing
person
The Registration of Deaths (Temporary Provision) (Amendment) Act No. 16 of 2016 was
passed in order to enable the issuance of a Certificate of Absence for the victims. (Refer
Section 8A (1) for criteria required to apply for Certificate of Absence)
(Available at: https://www.srilankalaw.lk/YearWisePdf/2016/16-2016_E.pdf )
Government – September 2019
The Government of Sri Lanka notes that through the amendment to the Registration of Deaths
(Temporary Provisions) Act, No. 16 of 2016, Certificates of Absence (CoA) in lieu of death
certificates are being issued by the Registrar General’s Department, which would enable the
families of the disappeared to access certain facilities that would be in the name of the
disappeared. The Government remains committed to enabling the acceptance of such
Certificates.
As at 31 July 2019, 656 COAs have been issued. The Office on Missing Persons in its interim
report published in September 2018, recommended to provide a monthly allowance to families
of the missing who have obtained the CoA, until the Office for Reparations is fully
operationalized and start paying compensation. Accordingly, the Cabinet of Ministers, on 03
September 2019 approved the grant of Rs. 6000 to families of the missing with a CoA as a
monthly allowance. This will be through a direct credit transfer to the recipient which would
lessen the burden of the recipient in collecting the grant, monthly. The interim allowance will
be paid on 10th of each month from October 2019.
v) Full protection and
support to the relatives of
disappeared persons and to
witnesses;
25
23
OMP Act, above n 16, Sections 13(1)(g), 18.
The Working Group regrets the
Enforced Disappearance Act did
not include provisions on the
protection of relatives and
witnesses but notes the OMP
Act provides for developments
of a system for victims and
witness protection.
A/HRC/42/40/Add.1
(
OMP
See response to recommendation 77(a) and 79(g). The OMP has the authority to develop and
enforce a system for victim and witness protection.23 The OMP has developed procedures for
receiving and recording complaints from victims and witnesses. Further in individual
instances where families and justice collaborators have been threatened, intimidated or subject
to surveillance the OMP has documented such incidents and initiated follow-up action with
relevant authorities.
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