vii) The explicit definition of enforced disappearance as a continuous crime to which amnesties, immunities or the statute of limitations cannot be applied, notably in the context of crimes against humanity; 30 31 32 33 Measures taken/current situation Situation during the visit A/HRC/33/51/Ad d.2 Government The Enforced Disappearance Act ensures the non-derogability of the prohibition of enforced disappearance. Section 23 of the Act stipulates that the provisions of the Act shall ‘have effect notwithstanding anything to the contrary in any other written law and accordingly in the event of any inconsistency or conflict between the provisions of [the] Act and such other written law, the provisions of [the] Act shall prevail.’ OMP Whilst welcoming the Government’s decision to criminalise enforced disappearances, the OMP reiterated the concerns of other state agencies that criminalisation of enforced disappearances under domestic law remains inadequate. 30 In particular, the definition of enforced disappearances fails to recognise the continuing nature of the crime, as it fails to explicitly include instances where some elements of the crime occurred prior to the enactment of the Enforced Disappearances Act. The Act fails to capture the range of perpetrators who may be involved, and the full scope of command responsibility over the crime of enforced disappearances. Further the Act does not recognise enforced disappearances as a crime against humanity.31 The OMP made recommendations that the Act be amended to explicitly recognise the continuing nature of the crime including where some elements of the crime were committed prior to the enactment of the Act; capture the full range of perpetrators that may be involved in the commission of enforced disappearances; recognise the full scope of command responsibility; and to expressly criminalise enforced disappearances as a crime against humanity.32 The OMP has initiated follow up on the above recommendations with the Ministry of Justice and Prison Reforms. Amnesty The domestic Act giving effect to the ICPPED does not explicitly recognise the crime as a continuous crime. Further, the Prime Minister has mentioned in media interviews that the Act has no retroactive applicability.33 Level of implementation and observations (to be completed by the WGEID) The Working Group further regrets that the Enforced Disappearances Act does not explicitly define enforced disappearance as a continuous crime or provide explicitly that amnesties, immunities or the statute of limitations cannot be applied, notably in the context of crimes against humanity. It encourage the act to be amended to include the missing provisions. See Human Rights Commission of Sri Lanka, Letter to His Excellency President Maithripala Sirisena on the International Convention for the Protection of All Persons from Enforced Disappearances Bill (28 September OMP Interim Report, above n 2, para 26. OMP Interim Report, above n 2, para 47(b),(c),(d). http://www.sundaytimes.lk/170917/news/enforced-disappearances-bill-will-not-apply-to-past-incidents-says-ranil-259994.html A/HRC/42/40/Add.1 28 Recommendations A/HRC/33/51/Add.2