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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