09th May, 2016

H.E. President Maithripala Sirisena,

We the undersigned wish to place on record the most urgent of our concerns and recommendations
with respect to the proposed Office of Missing Persons (OMP), which we understand the government
intends to establish in the near future. We strongly suggest that the Government rename the proposed
Office as Office of Missing and Forcibly Disappeared Persons, so as to reflect accurately the mandate of
the body. Further, we note with disappointment that the government has not yet shared its ideas for
this mechanism with victims, civil society and the wider public. We therefore urge that it be done
urgently.
We are also concerned about, and would like to draw the Governments attention to continuing
incidents of harassment and intimidation of victim families and activists that are not helpful in creating a
conducive environment for public consultations or operationalization of the OMP mechanism. The
continued use of the draconian Prevention of Terrorism Act (PTA), the lack of due process in carrying out
arrests and resuming the use of white vans in the past month have heightened the sense of fear and
insecurity among affected people.
The government has made a commitment to establishing such an Office on the basis of victims right to
the truth, in an effort to address the cruel history of enforced disappearances that has devastated
families and communities in our country. The points we have noted below form the minimal standards
of credibility and effectiveness against which the proposed OMP must be assessed. We will continue to
engage the government and others on other more detailed proposals from civil society regarding the
proposed Office.
1. VICTIMS RIGHT TO TRUTH MUST BE FULFILLED: The relatives of persons who are missing and
disappeared have continued to actively seek the truth about what happened to their family
members, in the face of great hardship and direct threats to their safety, and sometimes over a
period of decades. The lack of conclusive information about the fate of their family members is
a source of untold ongoing suffering. The right to know the truth cannot be compromised in any
way, and on any grounds whatsoever. It requires that the OMP be mandated to seek and
disclose to relatives of the missing and the disappeared the full and complete truth about the
circumstances of their relatives absence. Victim families have the right to know the fate and
whereabouts of the disappeared or missing person, and to know the identities of persons who
bear responsibility for the disappearance. They also have the right to have remains returned to
them in case of death. Moreover, families right to be informed of the progress and results of
investigations must be protected. Article 24 of the Convention of Enforced Disappearances
which the government signed and has committed to ratify states:
Each victim has the right to know the truth regarding the circumstances of the enforced
disappearance, the progress and results of the investigation and the fate of the disappeared
person. Each State Party shall take appropriate measures in this regard.

The OMP must also recognize the collective dimension to the right to truth, and give effect to
the publics right to know the details and patterns of violations, particular in respect to enforced
disappearances.
2. VICTIMS RIGHT TO JUSTICE CANNOT BE COMPROMISED: It is also of critical importance that
victims right to justice including through criminal prosecution of perpetrators is ensured, and
the OMP facilitates, rather than impedes the course of justice for crimes such as enforced
disappearances. In this regard, we demand that tracing investigations and criminal
investigations are conducted in tandem, and a suitable model is adopted to facilitate this
coordination. We reject the idea that seeking truth may be separated from victim families right
to justice, and insist that the pursuit of these two rights be recognized as complementary. In this
regard, a model that excludes or insulates the OMP from sharing information gathered during
tracing investigations with a criminal investigative process would be unacceptable. Information
available to the OMP must be made available to other transitional justice mechanisms, with
appropriate safeguards in the interests of protection of witnesses or victim families.
3. TRANSPARENCY IN THE PROCESS OF ESTABLISHING AND OPERATIONALIZING THE OMP: The
process of establishing the OMP must be transparent, with sufficient opportunities for victims,
civil society and the public to be consulted on the process. Furthermore, it would be
unacceptable for this key reconciliation mechanism to be finalized and presented in the lead up
the 32nd session of the Human Rights Council in June, without open discussion in Sri Lanka. To
avoid this, we urge the Government to publicly release its draft proposals on the OMP. Further,
we wish to emphasize the importance of ensuring that the OMP is transparent in its functioning
and is not shrouded in secrecy. This includes ensuring that the OMP report periodically and
publicly on its progress, and by respecting families right to be periodically informed on the
progress and results of investigations.
4. THE OMP MUST BE INDEPENDENT, CREDIBLE AND WELL RESOURCED: The independence of
the OMP must be assured, including by ensuring that appointments to the OMP are based on
competence, experience and highest levels of integrity and are made through a transparent and
independent process. It should meet the test of credibility in the eyes of affected people.
Further, the operational independence of the OMP must be guaranteed by law, providing the
OMP flexible powers with respect to staff selection, investigations and modes of work. Further,
the OMP must be sufficiently resourced. The State must bear full responsibility for the OMP,
while ensuring that the OMP is vested with effective powers and authority to seek funding from
other sources. The capacity of the OMP to conduct forensic investigationsincluding by the
participation of skilled personnel, and by having recourse to modern technology must be
ensured. To further ensure the credibility of the OMP, the Government must bring to a halt
pressure by local government officials to accept death certificates, and offer the promised
certificate of absence as an alternative. Death certificates previously issued under duress must
be converted into certificates of absence, unless the OMP is able to conclude that the victim is
dead.

5. SUBSTANTIAL INTERNATIONAL INVOLVEMENT IN THE OMP: In Operative Paragraph 4 of UN

HRC Resolution 30/1 which deals with transitional justice mechanisms including the OMP, the
government committed to ensure that each mechanism (has) the freedom to obtain financial,
material and technical assistance from international partners In this regard, we reiterate the
importance of international participation in these mechanisms. In particular, the OMP cannot
succeed unless forensic and other technical skills are introduced into the mechanism through
the participation of international experts and investigators.
6. CRIMINALIZING ENFORCED DISAPPEARANCES AND OTHER INTERNATIONAL CRIMES: In
Operative Paragraph 7 of the UN HRC Resolution 30/1, the government committed to reform
domestic law to allow for the investigation and punishment of those most responsible for the
full range of crimes under the general principles of law recognized by the community of
nationsincluding those committed during the period covered by the LLRC. Meeting this
commitment requires the incorporation of international crimes into Sri Lankan law, as well as
modes of liability under international criminal law, with retroactive effect. In Operative
Paragraph 13 the government also committed to criminalize enforced disappearances without
delay. It is a matter of grave concern that these basic commitments have not been fulfilled. We
urge the Government to do so prior to the setting up of the OMP.
7. THE GOVERNMENT MUST COMMIT TO A COMPREHENSIVE TRANSITIONAL JUSTICE PLAN, AND
SITUATE THE OMP WITHIN THAT FRAMEWORK: The OMP cannot be divorced entirely from the
other proposed transitional justice mechanisms including the Truth Commission, Special Court,
and Office of Reparations. Instead, the OMP must be situated within a comprehensive
transitional justice plan, clarifying its linkages and division of labour with the other mechanisms.
The governments commitment to a comprehensive approach to dealing with the past will be
undermined by a piece-meal establishment of individual mechanisms that does not follow a
publicized plan of work. We urge the government to announce its draft comprehensive plans
without delay.
Further, In Operative Paragraph 12 of the UN HRC Resolution 30/1, the government committed
to review and repeal the PTA. This draconian piece of legislation has directly led to widespread
impunity, torture, abduction and disappearance. In this context, the continued retention and
application of the PTA will be incongruous with, and will serve to undermine the tracing of
missing and disappeared persons under the newly established OMP. We therefore urge that the
government take measures to repeal the PTA with immediate effect.
Thanking you,

Signatories;
Individuals
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Ainslie Joseph
Amal de Chickera
Amalanayaki Amalaraj Batticaloa
Ameer M. Faaiz
B. Gowthaman
Balasingham Skanthakumar
Bhavani Fonseka
Bishop Duleep de Chickera
Brito Fernando
Caryll Tozer
Chandra Jayaratne
Chandraguptha Thenuwara
Deanne Uyangoda
Deshamanya Godfrey Yogarajah
Dr. Malathi de Alwis
Dr. Muhammed Muzzammil Cader
Dr. Sonali Perera
Dinushika Dissanayake
Dulan de Silva
Emil van der Poorten In defence of civic and human rights
Ermiza Tegal
G.A. Prabath Kumara Badulla
Gamini Viyangoda
Gayathri Gamage
Herman Kumara
Hilmy Ahamed
Ian Ferdinands
Iromi Perera
Isabelle Lassee
Ishan Jalill
Ithayarani Sithravel - Trincomalee
Jayantha Dhanapala
Jensila Majeed - Mullaitheevu
Juwairiya Mohideen Puttalam
K. Aingkaran - Attorney-at-law
K.S. Ratnavale Attorney-at-law
Kalani Subasinghe
Kamala Vasuki
Kumari Kumaragamage
Kusal Perera Journalist
Mahalaxumy Kurushanthan - Mannar

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Mangaleswary Shanker
Manori Kalugampitiya Journalist
Mario Arulthas
Marisa de Silva
Mohammed Mahuruf
Nicola S.
Nilashani Sreenika
Nimalka Fernando
Niran Anketell
P. Selvaratnam
P.N. Singham
Parakrama Niriella
Peter Rezel
Philip Dissanayake
Philip Setunga
Prabodha Rathnayake - Attorney-at-law
Prabu Deepan
Prof. Ajit Abeysekera
Prof. Jayantha Seneviratne
Prof. Kumar David
Rajany Feminist, Jaffna
Rev. Fr. E. Sebamalai
Rev. Fr. J.C. Paul Rohan
Rev. Fr. Jeyabalan Croos
Rev. Fr. M. V. E. Ravichandran
Rev. Fr. Nandana Manatunga
Rev. Fr. Nishantha Gunaratne
Rev. Fr. Noel Fernando - Coordinator, Reconciliation & Peace Desk, Diocese of Colombo
Rev. Fr. S.V.B. Mangalarajah President, Justice and Peace Commission, Catholic Diocese of
Jaffna
Rev. Fr. Sarath Iddamalgoda
Rev. Fr. V. Yogeswaran
Rev. Jason J. Selvaraja - Assembly of God, Chavakachcheri
Rev. Sr. Helen Fernando HF
Rev. Sr. Nichola
Rohini Hensman
Ruki Fernando
S.C.C. Elankovan
Sampath Samarakoon
Shehan de Alwis
Shenali De Silva
Shreen Abdul Saroor
Sudarshana Gunawardana - Attorney-at-law
T. Balamurukan

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T. Mathuri Attorney-at-law
U.L. Jaufer
Udaya Kalupathirana
Vanie Simon Ampara

Organizations/Networks
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Action Against Apathy

Christian Alliance for Social Action (CASA)
Families of the Disappeared (FoD)
Future in Our Hands Development Fund
Human Rights Office, Kandy
INFORM Human Rights Documentation Centre
International Centre for Ethnic Studies (ICES)
International Movement Against All Forms of Discrimination and Racism (IMADR) - Asia
Committee
97. Mannar Citizens Committee (MCC)
98. National Peace Council (NPC)
99. Right to Life Human Rights Centre (R2L)
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Rights Now Collective for Democracy
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SAMADANA/M - Centre for promoting Nonviolence, Conflict Resolution & Handling and
Peace Building
102.
South Asian Centre for Legal Studies (SACLS)
103.
Tamil Civil Society Forum (TCSF)
104.
Women's Action Network (WAN)

Letter Copied to:

1. Hon. Ranil Wickremesinghe, Prime Minister.
2. Madam Chandrika Bandaranaike Kumaratunga, Chair, Office for National Unity and
Reconciliation (ONUR).
3. Hon. Mangala Samaraweera, Minister of Foreign Affairs.
4. Hon. M.A. Sumanthiran, Spokesperson, Tamil National Alliance (TNA).
5. Hon. Rauff Hakeem, Leader, Sri Lanka Muslim Congress (SLMC).
6. Hon. Mano Ganesan, Minister of National Co-existence Dialogue and Official Languages.
7. Manouri Muttetuwegama, Chairperson, Consultation Task Force.
8. Mano Tittawella, Secretary-General, Secretariat for Co-ordinating Reconciliation Mechanisms.
9. Dr. Deepika Udagama, Chair, Human Rights Commission of Sri Lanka.
10. Claire Meytraud, Head of Delegation, International Committee of the Red Cross Sri Lanka.
11. Juan Fernandez, Human Rights Adviser, Office of the High Commissioner for Human Rights
(OHCHR), Sri Lanka.
12. Una McCauley, Resident Coordinator (ai), United Nations, Sri Lanka