Recommendations A/HRC/33/51/Add.2 Measures taken/current situation Level of implementation and observations (to be completed by the WGEID) According to OMP’s interim report, “The OMP has faced a number of administrative challenges that have resulted in delays and created additional work. An unexpected issue is the lack of recognition of its status as an independent commission on the part of some key state authorities, necessitating clarification and resulting in delays. Similar to other independent commissions established under the 19th Amendment to the Constitution, the remuneration to the Chairperson and Commissioners of the OMP require approval from Parliament. The process of seeking approvals for staff recruitment and procurement have proved to be challenging, time consuming and have acted as a serious hurdle for swift operationalising of the OMP. The support, cooperation and active assistance of state agencies and the recognition of the OMP as an independent commission similar to those established under the Constitution and other laws is vital to the effective functioning of the OMP.” recruitment can proceed promptly and to ensure that the funds allocated to the OMP are not vulnerable to being diverted. Situation during the visit A/HRC/33/51/Ad d.2 Centre for Justice and Change Not sure of their financial allocation from the Government. Their relationship with Office of Reparation is not clear. Families of the Disappeared It is not easy under government rules and regulations to buy anything. We heard that still the computers for the commissioners had not been purchased. Still OMP is trying to recruit their staff. ICJ Section 19 of the OMP Act stipulates that the State has the responsibility to provide the OMP with adequate funds to enable the OMP to discharge the functions assigned to it and that it is to be charged from the Consolidated Fund. 55 Verite Research, Allocations of Funds to the OMP, Sunday Observer, 20 May 2018, http://www.sundayobserver.lk/2018/05/20/news-features/allocation-funds-omp 45 A/HRC/42/40/Add.1 However, under the 2018 budget, the allocation for the OMP (1.4 Billion) was listed under the First Schedule as ‘Sums Payable for General Services’ and not under the Consolidated fund as stipulated by Section 19 of the Act. The placing of the allocated fund under ‘Supplementary Support Services and Contingent Liabilities’ makes such funds vulnerable to being diverted unlike allocations under the Consolidated Fund.55