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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