Recommendations
A/HRC/33/51/Add.2
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)
And also this project with HRDAG to estimate the total number of disappeared on/around that
one day:
http://www.itjpsl.com/assets/press/12-December-2018-Press-release-with-HRDAGcopy.pdf
iii) Full access to this
register by relatives of the
disappeared,
lawyers,
human rights defenders and
any
other
concerned
person;
23
In 2016, the GoSL enacted an amendment to the Registration of Deaths (Temporary
Provisions) Act, No. 16 of 2016, in order to issue Certificates of Absence (CoA) in lieu of
death certificates, which would enable the families of the disappeared to access the right to
utilize land and withdraw funds from bank accounts belonging to the missing person. The
issuance of certificates of absence to applicants has now commenced. As at April 2019, the
The Working Group notes
information according to which
access to the OMP’s database is
limited and conditional and
encourages the OMP to ensure
full access for relatives of the
disappeared, lawyers, human
rights defenders and any other
concerned person.
While the Enforced
Disappearance Act does not
provide for a declaration of
absence, certificates of absence
have been introduced in the
amendment to the Registration
of Deaths (Temporary
A/HRC/42/40/Add.1
(iv) The declaration of
absence in respect of
enforced disappearance;
OMP
The OMP is developing a procedure to ensure access to the register of missing and
disappeared persons in a manner that ensures the security of the database and the privacy of
its data.
Amnesty
Access to the OMP’s database is limited and conditional. The OMP’s functions include to
“provide to any relative of a missing person or any other complainant, wherever the OMP is
able to do so, information relating to the whereabouts of a missing person, if found to be alive,
subject to the consent of the person found alive” and “to provide relatives of a missing person,
information relating to the status of an ongoing investigation, pertaining to such missing
person, unless the OMP is of the view that such would hinder the ongoing investigation or
that it is not in the best interests of the missing person: Provided that where the relatives of
the missing person are deceased or unknown or the OMP is unable to locate such relatives,
the OMP may provide updates with regard to such investigation to an appropriate authority or
organisation.” (section 13(1)(b),(c)).
Families of the disappeared
(111) Good suggestion but not relevant at the moment.
ICJ
Section 16 of the Act on Enforced Disappearance stipulates that the relatives, representatives
and attorney-at-law of the person deprived of liberty would have full access of the register (of
persons deprived of liberty).
Government – June/July 2019
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