OMP: Accountability of a State
BY Sugeeswara Senadhira-2017-09-18
Human attachment is such that when someone goes missing, the loved ones consciously or otherwise go into denial mode about the possibility of death and hope that the person will return some day. It is a tragic situation that the parents are searching for their children and wives are waiting for their husbands. They have no remains to bury and no death certificate.
The Office on Missing Persons was established in accordance with the election promises in November 2014 to usher in good governance, rule of law, democracy and reconciliation, as a transitional justice mechanism to deliver truth, justice, reparations, and ensure non-recurrence.
UNHRC Convention
The Government initiated the process in May 2016 when the Cabinet ratified the United Nations Human Rights Council (UNHRC) International Convention for the Protection of All Persons from Enforced Disappearance - which criminalizes enforced disappearance by stating that "no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearances." It is an important and necessary step forward for civil rights and human rights in Sri Lanka, to acknowledge the torment of its past, clear the climate of fear and ensure the safety and security of its citizens in the future.
The setting up of the OMP is consistent with the continuing policy position of Sri Lanka to plan for a peaceful country, to fulfil promises made by the State, and to ensure the rule of law and justice. This is a positive step for the future of national democracy, a significant milestone which allows us to stand on the world stage with dignity and respect.
The nation acknowledges the fact that many people went missing or were killed during the three-decade long civil war. The situation became particularly bad towards the end of the war. Countless troops and Tamil citizens disappeared without a trace.
Good Intentions
The OMP has been set up with good intentions and the government should ensure that it is not used by the Diaspora to spread propaganda. During a recent meeting with the President, some family members of alleged missing persons aired their grievances.
When a mother of a missing person alleged that her son was being detained at a military camp, the President immediately ordered his security officers to accompany her to that camp and investigate. However, much to the surprise of everybody, she was reluctant to go to the camp and verify. It is a clear case of baseless allegations.
The Maxwell Paranagama Commission also listed such false allegations and the correct position with regard to allegations of disappearances. After the war ended, people demanded that the government should look into the issue of alleged disappearances.
The Maxwell Paranagama Commission was the first step. The Commission concluded that the Liberation Tigers of Tamil Eelam (LTTE) were responsible for the death and disappearances of Tamil civilians. "This Commission is satisfied that the LTTE went to extraordinary lengths to blur the distinction between combatants and civilians so as to achieve a military advantage for themselves and in the process they exposed civilians to additional danger."
"This Commission agrees with the conclusion of the Darusman Report that many civilians were sacrificed on the altar of the LTTE cause and its efforts to preserve its senior leadership."
Maxwell Paranagama Commission
It is no secret that some of the alleged missing people are living in different parts of the world. The Maxwell Paranagama Commission noted in its report that, "Whilst the Commission does not suggest that any of the disappeared referred to in the evidence are living elsewhere and are in hiding from their loved ones, the possibility of phantom disappearances cannot be completely excluded. The case of Kathiravel Thayapararajah is a classic example. The LTTE claimed that Kathiravel Thayapararajah was executed by the security forces. A respected Jaffna based non-governmental organization (NGO) claimed that Kathiravel Thayapararajah died of gunshot injuries and was cremated. The truth was that he had gone underground, surfacing in May 2014 in Tamil Nadu with his wife and 4 children. He was arrested for illegally entering India. The Commission does not speculate as to how many such phantom disappearances there may have been. However, it is alert to the observations of the former British Broadcasting Corporation (BBC) journalist who wrote about the detention camps to which those who surrendered were taken." (Paranagama Report).
Fate of Loved Ones
Although a few allegations like this have been made, the fact remains that a large number of families across the country are unaware of the fate of their loved ones. Now, the OMP can take up those cases of missing persons. The OMP will look into missing persons in the course of, consequent to, or in connection with the conflict which took place in the Northern and Eastern Provinces or its aftermath, or is a member of the Armed Forces or police who is identified as "missing in action" or "in connection with political unrest or civil disturbance (such as the youth insurrections of 1972 or 1989)' and as an enforced disappearance as defined in the International Convention for the Protection of All Persons from Enforced Disappearance. The OMP has the authority to help the families of those members of the Armed Forces also affected by this issue, for example those declared as 'missing in action."
To be honest, we cannot call Sri Lanka a complete democracy until we deal with these issues. Today, we can be content that the government has understood the responsibility of the state and has set up the OMP to resolve the 'missing persons' issue.
