Recommendations to the Sri Lanka Government – Summary
- Inclusive Participation
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- Ensure civil society actors, especially victims and related organisations, are involved in all stages of reporting and implementation of the Convention.
- Legal Prohibition
- Incorporate the absolute prohibition of enforced disappearance into domestic law and the Constitution, ensuring no exceptional circumstances justify it.
- Comprehensive Register
- Speed up creation of a complete register of all disappearance cases, including detailed data and disaggregated statistics, accessible to those with legitimate interest.
- Criminalisation and Penalties
- Recognise enforced disappearance as a crime against humanity under certain conditions.
- Ensure appropriate penalties reflecting the seriousness of the crime.
- Establish long-duration statutes of limitations starting when the crime ceases.
- Jurisdiction and Judicial Independence
- Apply national courts’ jurisdiction over enforced disappearance cases.
- Guarantee independence and impartiality of the judiciary and prosecution.
- Independent Public Prosecutor
- Expedite the establishment of an independent Public Prosecutor’s Office and prosecute alleged perpetrators.
- Prevent Interference
- Eliminate political/military interference in investigations.
- Remove and avoid appointing alleged perpetrators to high-level positions.
- Office on Missing Persons (OMP)
- Ensure transparent, independent selection of OMP members with diversity.
- Strengthen OMP units and regional offices with adequate resources.
- Develop a strategy and action plan for all registered cases.
- Publish findings regularly in all languages.
- Victim Engagement and Awareness
- Conduct awareness campaigns on reporting procedures and certificates of absence.
- Guarantee relatives’ participation and regular updates on investigations.
- Coordination Among Authorities
- Ensure effective coordination between OMP, Police CID, Attorney General, and courts with adequate resources.
- Combat Impunity
- Investigate all cases linked to armed conflict and prosecute perpetrators.
- Include war crimes and crimes against humanity in legislation; consider joining the ICC Rome Statute.
- Access to Archives and International Cooperation
- Provide access to military and law enforcement archives.
- Strengthen cooperation with international bodies, including OHCHR.
- Roadmap for Truth and Justice
- Develop a time-bound plan for accountability and transitional justice.
- Implement confidence-building measures, including reducing military presence in conflict areas.
- Suspension of Suspects
- Suspend officials suspected of involvement during investigations to prevent influence.
- Protection Against Reprisals
- Protect complainants, witnesses, relatives, and investigators from intimidation.
- Implement coordination among victim protection bodies with adequate resources.
- Legislative Reform
- Repeal Prevention of Terrorism Act; ensure new law meets international standards.
- Review habeas corpus procedure for effectiveness.
- Victim Compensation and Support
- Establish a new compensation system beyond one-time grants.
- Provide psychosocial and psychological support with qualified professionals.
- Institutional Coordination
- Ensure coordination between OMP, Office for Reparations, and Office for National Unity and Reconciliation.
- Memory Preservation
- Create a sustainable programme for preserving memory in consultation with victims.
- Certificates of Absence and Death
- Clarify issuance and renewal processes; ensure death certificates are only issued with certainty.
- Investigate and punish coercion to accept death certificates.
- Ensure reparations are not conditional on accepting certificates.
- Mass Graves and Forensic Capacity
- Strengthen OMP’s ability to identify and exhume mass graves.
- Develop a national strategy for the search, identification, and investigation of burial sites.
- Enhance forensic capacity with protocols, equipment, and international cooperation.
- Create centralised ante-mortem/post-mortem and genetic databases.
- Keep families informed of exhumation progress and results.
This is an edited summary. For the full report, please visit https://www.ohchr.org/en/countries/sri-lanka