A/HRC/4/41
page 81
390. In a response dated 11 August 2006, the Government of Sri Lanka stated: “With regard
to the representations made on the Human Rights Commission of Sri Lanka, it should be noted
that this is an independent body. The Government can only transmit to the Human Rights
Commission of Sri Lanka any representations forwarded, with the request for appropriate
action.”
Request for a visit
391. Following a decision of the Working Group, a request for a visit to take place in
early 2007 was sent to the Government of Sri Lanka on 16 October 2006. In a reply
dated 24 October 2006, the Government stated that it would not be possible to schedule a visit
for the Working Group during the requested period owing to the planned visits of other special
procedure mandate holders, but that the interest of the Working Group would be noted and given
due consideration.
Summary of the situation prior to the period under review
392. The cases reported to the Working Group are alleged to have occurred in the context of
two major conflicts in Sri Lanka: the confrontation between Tamil militants and government
forces in the north and north-east of the country and that between the People’s Liberation Front
(JVP) and government forces in the south. Between 1987 and 1990, the disappearances occurred
mainly in the southern and central provinces and coincided with extreme violence on the part of
both security forces and the JVP. The cases reported to have occurred since 11 June 1990, the
date of the resumption of hostilities with the LTTE, have been confined primarily to the eastern
and north-eastern provinces of the country.
393. The Working Group has undertaken three field missions to Sri Lanka, in 1991
(see E/CN.4/1992/18/Add.1), 1992 (see E/CN.4/1993/25/Add.1) and 1999 (see
E/CN.4/2000/64/Add.1). The central recommendation to the Government was the establishment
of an independent body with the task of investigating all cases of disappearance that had
occurred since 1995 and to accelerate its efforts to bring the perpetrators to justice. The Working
Group also recommended the setting up of a central register of detainees as provided for in
article 10, paragraph 3, of the Declaration. It stated that all families of disappeared persons
should receive the same amount of compensation and that the procedure for issuing death
certificates in cases of disappearances should be applied in an equitable and non-discriminatory
manner. The Working Group further noted that the Prevention of Terrorism Act and the
Emergency Regulations had not been abolished or harmonized with internationally accepted
standards of human rights, and recommended that the prohibition of enforced disappearance be
included as a fundamental right in the Constitution of Sri Lanka.
Total cases transmitted, clarified and outstanding
394. In the past and during the year under review, the Working Group has
transmitted 12,319 cases to the Government; of those, 40 cases have been clarified on the basis
of information provided by the source, 6,530 cases have been clarified on the basis of
information provided by the Government and 5,749 cases remain outstanding.
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