Recommendations
A/HRC/33/51/Add.2
27
29
Level of implementation and
observations (to be completed
by the WGEID)
families pending the award of comprehensive reparations. 28 Further the OMP has
recommended that the legal framework underpinning the Office for Reparations be
strengthened, and that the Office be operationalised.29
Amnesty
The OMP does not have the power to provide compensation. It is only mandated “to
recommend that the relevant authority grant reparations to missing persons and / or relatives
of missing persons, including but not limited to compensation.” The Office for Reparations is
most likely able to provide compensation, should it decide that family members of the
disappeared are eligible. On this we must note that under section 11(1)(g) of the Office for
Reparations Act, critical decision-making power lies with the cabinet, and not the Office itself,
i.e. the Office is only empowered “to formulate and recommend to the Cabinet of Ministers,
Policies on Reparations and guidelines with regard to the grant of individual and collective
reparations.” The cabinet in the past has been unwilling to recognise former combatants as
persons eligible for reparations. This will severely restrict the number of persons eligible for
reparations as there are many disappearances related to combatants and those suspected of
having links to combatants.
Centre for Justice and Change
Law for the Office of Reparation is passed in Parliament but it is yet to get established.
Families of the Disappeared
The government had allocated Rs. 5000 million in the 2020 budget to pay a temporary
monthly allowance, Rs.6000 for a family but only nearly 7000 families can be paid. Recently
appointed “Reparation commission “has to look into the needs of the families in future. But
as there is no time frame, no one is sure when the families can get the compensation.
ICJ
While there is no corresponding provision in the Act on Enforced Disappearance, Section 13
(1) (e) of the Office of Missing Persons Act mandates the OMP to provide or facilitate the
provision of administrative assistance and welfare services including psycho-social support
to the relatives of the missing and subsection (f) of the Act refers to, as one of the duties of
the OMP, the recommendation to relevant authorities to grant reparations to the missing
persons and / or relatives of the missing persons including but not limited to compensation
and / or provision of other administrative and welfare services including psycho-social
services
the associated Act, the Cabinet
is given the final decision with
regards to individual and
collective reparations. The
Working Group calls for a clear
recognition of the right to full
compensation for all cases of
enforced disappearances.
OMP Interim Report, above n 2, para 43, 44.
OMP Interim Report, above n 2, para 39.
A/HRC/42/40/Add.1
28
Measures taken/current situation
Situation during
the visit
A/HRC/33/51/Ad
d.2
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