Recommendations A/HRC/33/51/Add.2 (viii) The rights of victims to pursue truth and justice even if a certificate of absence is issued and coverage of all disappearances regardless of the time of their occurrence; Situation during the visit A/HRC/33/51/Ad d.2 Measures taken/current situation The Working Group welcomes information according to which the certificates of absence do not affect the right of victims to pursue truth and justice. However, the Working Group is also aware of concerns from families in this regard and encourages the government to issue a clear public policy that the certificates will not affect the right to truth and justice. 29 A/HRC/42/40/Add.1 Centre for Justice and Change Enforced disappearance was made into law through an Act of Parliament. Does it have retrospective effect is vague. Not tested in court of law. .Families of the Disappeared “The International convention for the protection of all persons from Enforced disappearance Act No 5 2018” is criminalizing the disappearances. Still no case has being started. This is the only act which may give meanings to the question raised. ICJ No corresponding provision in either legislations. However, the interim report of the OMP recommended for the Act on Enforced Disappearance to recognise the continuing nature of the offence. OMP The issuance of a CoA has no legal consequences on the eligibility of the families of the missing and disappeared to pursue and truth and justice. Amnesty The legislation around the certificate of absence does not bar parallel efforts to seek truth and justice. Although the OMP’s mandate is not time bound, the OMP under section 12(i) is not obliged to forward findings for prosecutions, but is discretionary. The Act reads: “where it appears to the OMP that an offence within the meaning of the Penal Code or any other law, has been committed, that warrants investigation, the OMP may, after consultation with such relatives of the missing person as it deems fit, in due consideration of the best interests of the victims, relatives and society, report the same to the relevant law enforcement or prosecuting authority…” There is therefore no guarantees to justice based on OMP’s findings. Centre for Justice and Change OMP is empowered to deal with this. Families of the Disappeared Some oppose the CA by saying that if they accept them it will automatically become a death certificate one day and they will not be able to fight for truth and justice. The Tamil diaspora and some Tamil political elements develop this idea among Tamil victims’ families especially among the surrenders families. But these promises have given new hope to the South Sinhala and Tamil families who(faced the tragedy in 1989- up to the effects of war. ICJ No corresponding provision in either legislations regarding the right to pursue truth and justice. However, there is no bar to it either. Level of implementation and observations (to be completed by the WGEID)