Office Of Missing Persons Sri Lanka: Deceptive & Futile

By Thambu Kanagasabai –September 30, 2016

Thambu Kanagasabai

The Office of the Missing Persons [OMP] expected to function shortly has been welcomed as a positive step from various quarters towards reconciliation after the war. However, a close scrutiny and analysis of the legislation governing it reveals the deception and futility underlying most of the provisions in The Act.

Sri Lanka ranks second in the list of countries after Iraq to record the largest number of disappearances with unofficial estimated numbers of about 90,000 since 1980s. Out of these disappearances, enforced or involuntary disappearances are reported to be around 65,000.

Enforced Disappearances always involve state officials and/or security forces. They happen when a person is illegally arrested and detained in undisclosed centres where torture and other ill-treatment including killing and disposal of the dead takes place. The arrest and detention is carried out violating all rules and procedures including court process.

The UN Working Group on Enforced or Involuntary Disappearances, [WGEID c/oOHCHR] in its report on July 08, 2016 after staying in Sri Lanka from 09 – 18 November 2015, has plainly made the following damning statement: “Enforced disappearances have been used in a massive and systematic way in Sri Lanka for many decades to suppress political dissent, counter-terrorism activities or in internal conflicts and many enforced disappearances could be considered as war crimes or crimes against humanity if addressed in a court of law.” The UN working Group received 12,000 cases of enforced disappearance related to Janatha Vimukkti Perumuna [JVP] uprisings and during the armed conflict between Liberation Tigers of Tamil Eelam [LTTE} and the Sri Lankan government forces from 1980 to 2010.

File photo

Missing Persons include those who are arrested, or surrendered or summoned for inquiry and detained by the security forces during the war. These persons finally suffer disappearances mostly by killing and are generally untraceable. About 19,000 persons were reported to the Paranagama Commission as confirmed missing.

The Sri Lanka parliament passed the Office of the Mission Persons Act No. 14 of 2016, coming into effect from 26th August 2016, the government introducing the Bill in accordance with an undertaking given under the UNHRC resolution of October 01, 2015.

Due to international pressure and United Nations concerns over the hither to unresolved cases of enforced disappearances and missing persons, the Office of the Missing Persons Bill was passed in undue haste, ignoring the protests and concerns of affected parties who demanded prior consultation and consideration of their input as called for in the UNHRC Resolution in October 2015.

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