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)
The OMP in its interim report had recommended for interim relief to be provided for under
the 2019 budget and its Annual report stated that the Office initiated follow up action
concerning the recommendations made with the relevant ministries in or to ensure the
inclusion of the proposed interim relief.
ITJP
And victims abroad too. Many of the wives of LTTE cadres who have disappeared in Sri
Lanka in custody in 2009 interviewed by the ITJP have themselves been detained post war
and tortured/sexually violated. They now fear reporting their husband’s disappearance as they
don’t want the authorities to know where they are even if they are abroad.
(b)
Make
reparation
measures accessible and
applicable to families who
accept the issuance of death
certificates under duress or
without their full and
informed
consent.
In
particular, the Government
should issue a certificate of
absence owing to enforced
disappearance and allow all
interested
families
to
exchange
the
death
certificate issued for the
new certificate of absence
due
to
enforced
disappearance;
Paragraph 65
OMP
Under Section 8 of the Registration of Deaths (Temporary Provisions) (Amendment) Act, No.
16 of 2016 a family member can apply for the cancellation of a Certificate of Death and the
issuance of a CoA.110
Amnesty
The legislation that sets up the Certificate of Absence does not include a provision that enables
the cancellation of already issued Death certificates to swap them for Certificates of Absence.
Amnesty International is unaware of efforts on this front.
Families of the Disappeared
The Government says anyone can apply for CA even though they have the death certificate
but if they have not received dead bodies.
ICJ
While the office is yet to be fully operationalised, the Act under Section 11 (1) (g) (i)
empowers the Office to determine the criteria for eligibility for aggrieved persons which could
include those who had accepted death certificates under duress or without full or informed
consent.
Noting that the date someone disappeared is political and implies who was responsible. We
meet families who say they’ve been forced to report a loved one missing in January 2009 (i.e.
81
Registration of Deaths (Temporary Provisions) Amendment Act, No. 16 of 2016, Section 8.
A/HRC/42/40/Add.1
ITJP
110
The Working Group welcomes
that there are provisions to
enable the cancellation of death
certificates and issuance of
certificates of absence. With
regards to reparations, the
Working Group calls on the
Office of Reparations to ensure
families who accept the issuance
of death certificates under duress
or without their full and
informed consent are fully able
to access reparation measures.
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