Office of Missing Persons to receive US, NGO support
Friday, June 3, 2016
The US will share information requested by the proposed Office of Missing Persons (OMP) to facilitate Sri Lanka's efforts to establish the whereabouts of those who had been categorized as missing during the conflict, particularly during the eelam war IV and post-conflict period.
However, US cooperation will be subject to rights enjoyed by US citizens and lawful residents in accordance with the Privacy Act of 1974.
The OMP will replace a presidential commission headed by retired High Court judge Maxwell Paranagama currently tasked with seeking information pertaining to the missing. Western governments declined to cooperate with the Paranagama Commission.
Addressing the media at the Information Department yesterday, Vocational Training and Skills Development Minister Mahinda Samarasinghe explained that Prime Minister Ranil Wickremesinghe had forwarded cabinet paper in respect of OMP. Minister Samarasinghe was responding to a query by The Island. Minister Samarasinghe said that the government was in the process of inquiring into accountability issues.
Asked whether the US would share information with OMP set up in accordance with a Geneva Resolution adopted in Oct. 2015 to establish the whereabouts of the missing, a US embassy spokesperson told The Island: "The United States supports the Government of Sri Lanka’s efforts to uphold its UNHRC commitments, including the establishment of the OMP to bring resolution to families of the missing on both sides of Sri Lanka’s decades-long conflict. Accordingly, wherever possible under the U.S. law, we would share information requested by the Government of Sri Lanka that furthers this goal. However, it is important to note that all U.S. citizens and lawful residents are entitled to rights under the Privacy Act of 1974, which prohibits sharing of personal and biographical information without the individual’s written consent."
A spokesperson for the British High Commission told The Island: "The UK will continue to support the Sri Lankan government’s efforts to implement its commitments to the UN Human Rights Council on reconciliation and human rights"
The Office of Missing Persons is one of the four transitional justice mechanisms scheduled to be established as promised by the government at the September 2015 session of the UN Human Rights Council. With the next session of the UNHRC scheduled for later this month, the government would take tangible measures to have the legislation regarding this mechanism in place prior to the meeting in Geneva.
The National Peace Council (NPC) declared its support to OMP while urging foreign governments to throw their weight behind the Sri Lankan initiative. The NPC spokesperson has issued the following statement to The Island: "The National Peace Council would urge the OMP to pursue all avenues to obtain information about the missing persons. It is imperative that the Sri Lankan government which has established the OMP to discuss with foreign governments and embassies and clear their doubts if any and win their confidence for the OMP. Prior to declaring anyone as a missing person the OMP may cross check with foreign embassies as a first step. We would also urge all institutions, both local and foreign, including foreign governments to cooperate with the OMP.
"We note that the OMP was established in accordance with the government’s pledges given to the UN Human Rights Council and is a follow up to the co-sponsored UNHRC resolution of October 2015. All foreign governments need to take responsibility and help the Sri Lankan government to ascertain the truth of what happened to the persons reported to be missing. This will strengthen the joint UNHRC resolution so that foreign governments, especially those who co-signed the UNHRC resolution, can also take joint responsibility with Sri Lanka to deal with this issue."
A spokesperson for the Australian High Commission told The Island: "Australia has welcomed Sri Lanka’s commitments to establish independent and credible criminal and transitional justice mechanisms, including the recently-established Office of Missing Persons. If effectively implemented, these proposals will provide Sri Lanka with a platform to achieve genuine reconciliation."
The ICRC has been working closely with successive Sri Lankan governments regarding missing persons. Asked whether ICRC would assist the OMP, a spokesperson for ICRC Colombo told The Island: "The extent of the ICRC’s collaboration with the Office of Missing Persons including sharing its data, will depend on the final nature and mandate of such a mechanism which will be determined by the GoSL."
The UK based Global Tamil Forum (GTF) spokesperson Suren Surendiran told The Island that its position would be given over the weekend.
Norwegian, Indian, Canadian, and Japanese diplomatic missions in Colombo as well as the UN Colombo as well as Geneva didn't respond to The Island query regarding foreign governments sharing information with OMP.
Former Defence Secretary Gotabhaya Rajapaksa told The Island that some of those who had been categorized as missing during the conflict and post-war period were living abroad. There had been many instances of Sri Lankans receiving new identities when foreign governments accepted them as citizens, the former Defence Secretary said. The possibility of some of the missing dying on their way to Australia due to mishaps in international waters, too, couldn't be ruled out. The war veteran said that Western powers continuously declined to assist the Paranagama Commission to the disappointment of the previous government.
The Island