Making OMP a reality

Friday, 27 May 2016 00:00 - - {{hitsCtrl.values.hits}}

Sri Lanka has the largest number of outstanding cases of disappearances in the world – a fact acknowledged by the Foreign Minister, who this week announced Cabinet approval has been given to establish an Office of Missing Persons (OMP) under the resolution signed with the United Nations Human Rights Council (UNHRC).

The office is tasked with tracing thousands of people still missing seven years after the end of the ethnic war, to try to bring closure for families. Foreign Minister Mangala Samaraweera said the Cabinet had approved the creation of an Office of Missing Persons (OMP) with wide powers to investigate the disappearance of more than 20,000 people.

He said a vast number of cases remained unsolved despite the end of the decades-long Tamil separatist war in May 2009. The OMP will be asked to recommend compensation and clear the way for next of kin to take legal action against anyone responsible for the disappearance of their loved ones, the Minister said.

The move is undoubtedly a positive one but comes with several challenges. One point is the makeup of the OMP, which should be inclusive and ideally time-bound so families already tired of a seven-year wait would not have much longer before answers are found. Allocation of resources and ensuring the OMP is conducted impartially and transparently will be a test to the Government’s dedication towards reconciliation.

There is also danger of duplication as the Presidential Commission on Disappearances has already spent two years on the same task. UN Human Rights Chief Zeid Ra’ad Al Hussein recommended the commission’s dismissal, which the Government is largely expected to follow. The possibility of families being able to take legal action against anyone responsible for the disappearance sounds positive on paper but could result in further polarisation of communities.

The alleged involvement of the security forces makes this possibility a heavy political gamble. Moreover, the long-term challenges of legal persecution and hearing of cases make it a prolonged risk. Legislation such as the witness protection legislation that was recently passed needs to be vigorously exercised. This is especially essential given the sensitive nature of the investigations and the fact that it could implicate very powerful people, who could in turn intimidate or threaten witnesses or otherwise sabotage the investigative and trial process. Without such safeguards in place, it is unlikely that the legal process will be considered fair and competent.

Compensation, counselling and psychosocial assistance for families in the north and east is also, an essential part of the healing process that has not received much attention yet. International assistance is also essential to ensure that the process earns credibility. While the Government can be credited for promoting relations with the US to gain its support at UNHRC sessions in the form of a resolution supporting Government efforts, detractors will find this hard to swallow as it could be construed as a move to reduce international oversight of the investigations.

The Government has suggested special tribunals backed by foreign legal expertise to break bottlenecks in the judicial system but will be hard-pressed to build confidence in the process. Its own credibility is now at stake.