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) support families of all missing persons who have obtained a CoA, until final reparations are provided by the Office for Reparations. Additionally, the government will provide families of the missing and disappeared preferential access to relevant “Enterprise Sri Lanka” Loan Schemes. Paragraph 14 Government Section 03 of the Protection of All Persons from Enforced Disappearance Act, No. 5 of 2018 recognizes enforced disappearances as a separate offence. Section 05 of the Act under reference makes the offence of Enforced Disappearances a cognizable and a non-bailable offence. OMP See response to recommendation 78(b) (vii). The Working Group welcomes the adoption of the Enforced Disappearances Act which makes enforced disappearance a separate offence and includes various modes of criminal liability and command responsibility. Amnesty The domestic Act giving effect to the ICPPED includes modes of liability and sanctions under section 3(3). Centre for Justice and Change The legislation making enforced disappearances an offence is not elaborative as envisaged by the recommendation. ICJ Enforced Disappearance is recognised as a separate offence under Sections 3, 4 and 5 of the International Convention for the Protection of All Persons from Enforced Disappearance Act No. 5 of 2018 and covers various modes of criminal liability. Sanctioning of command or superior responsibility is provided for under Section 3 (3) of the Act. 31 A/HRC/42/40/Add.1 (d) Swiftly make enforced disappearance a separate offence consistent with the definition contained in the Declaration on the Protection of All Persons from Enforced Disappearance and punishable by appropriate penalties that take into account its extreme seriousness. The offence should also cover the various modes of criminal liability, including committing, ordering, soliciting or inducing the commission of, attempting to commit, being an accomplice to or participating in an enforced disappearance. It should also expressly provide for the sanctioning of command or superior responsibility for such crime;

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