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| Thursday, 4 November 2004 |
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On the initiative of Human Rights Commission: Relief for victims of disappearances Recently Dr. Radhika Coomaraswamy, Chairperson of the Human Rights Commission, presided over a discussion regarding the implementation of the recommendations for relief to victims of disappearances. Representatives of several ministries and other officials concerned with these recommendations were present. These recommendations had been made by a Committee on Disappearances appointed by the HRC to look into disappearances in the Jaffna region during the period 1990 to 1998.
This committee had adopted the recommendations already made in 1997 by the Presidential Commission of Inquiry into Disappearances and had made certain specific recommendations regarding relief to the victims of the disappearances in the Jaffna region. M. D. W. Ariyawansa, Additional Secretary to the President, attended this meeting along with Dr. Devanesan Nesiah and Ms. Jezima Ismail who were members of the Committee on Disappearances in the Jaffna region and Ms Manouri Muttetuwegama and H. G. Dharmadasa who were members of the last Presidential Commission of Inquiry into Disappearances. Need for relief measures Dr. Radhika Coomaraswamy explained to those present the need to see that the implementation of the relief measures recommended are not delayed any longer as many of the victims are in dire circumstances and they from a marginalised group of persons in society. Some of them are destitute consequent to the disappearances of the breadwinner in the family. She further added that a speedy implementation of the relief recommended could help in the healing process of the wounds left behind by the regrettable incidents of the past. M. C. M. Iqbal, a consultant at the HRC and the former Secretary of the Committee of Disappearances in the Jaffna region and the Presidential Commissions, highlighted some of the recommendations for relief made in the Reports of the Committee on Disappearances and the President Commission. Ms. Manouri Muttetuwegama, former chairperson of the Presidential Commission and Dr. Devanesan Nesiah, former Chairman of the Committee on Disappearances, also participated in the discussions and reiterated the need for the implementation of the recommendations without delay. Important recommendation The most important recommendation discussed at this meeting was the need to re-enact the Registration of Deaths (Temporary Provisions) Act which had lapsed in 2001. This Act enabled many victims of disappeared persons who held certificates of confirmation of disappearance from a Presidential Commission of Inquiry to easily obtain a death certificate in respect of such person on a presumption of death. The absence of such a facility now has led to many of the families of disappeared persons confirmed subsequently being unable to get the benefits of any of the relief measures already available even though they hold certificates issued by Presidential Commissions or the Human Rights Commission. An amendment has to be included to this Act when it is re-enacted to enable holders of confirmations of disappearances issued by the Human Rights Commission too, to enjoy the same privilege as those who complained to Presidential Commissions. Other matters Among the other matters discussed at this meeting were the following: * The difficulties encountered by members of families of disappeared public officers, teachers, employees in semi-government institutions such as cooperatives to get the salaries of disappeared and other benefits; * The problems faced by internally displaced persons when making their applications for relief in respect of the disappeared IDPs as they have to do so through the office of the Divisional Secretary of the area where they usually resided; * The non-payment of compensation by Reppia due to non allocation of funds by the Treasury; * The grant of scholarships to children of disappeared persons; * The need for providing vocational training to members of the families of disappeared persons; * The inability of the heirs of disappeared persons to claim life insurance benefits from Insurance Companies as the policy is treated to have lapsed for non-payment the premium after the disappearances of the person so insured; * The problems of families of disappeared persons not being able to continue to cultivate on LDO permit lands of the disappeared persons; * And the plight of elderly parents of disappeared persons who were dependents of such persons who are now in dire circumstances. * The need to provide a means of livelihood to widows of disappeared persons. Progress review The attention of the representatives of the respective Ministries especially the Ministry of Rehabilitation, the Ministry of Social Services, the Ministry of Vocational Training and other officials such as the Registrar-General, was drawn to take whatever steps possible to provide assistance to the victims of disappeared persons on the basis of the recommendations made. The Additional Secretary to the President suggested that these officials should meet at regular intervals to review the progress. The Chairperson of the HRC accepted this suggestion and requested Mr. Iqbal to follow it up by calling for progress reports regularly. Lack of funds When the lack of funds to implement many of the recommendations was pointed out, Mr. Iqbal drew the attention of those present to the recommendation made by the Presidential Commission which had taken this fact into consideration and had recommended the establishment of a fund for this purpose. It was suggested that donations to this fund should be sought both from State and non - State institutions both local and foreign Jeevan Thiagarajah, the executive Director of the Consortium of Humanitarian agencies, who was present, stated that he would take this matter up with relevant authorities. Necessary action The following lists extracted from the reports of the Presidential Commission and the Committee on Disappearance were provided to the relevant officers at the end of the discussion for necessary action: * Classified list of victims of disappeared in Jaffna who have sought of assistance for their livelihood; * List of complainants from the Jaffna region to whom payment of compensations is pending: * List of victims to disappeared in the Jaffna region who are in dire circumstances to whom urgent assistance is recommended; * List of victims who have been widowed by the disappearances in the Jaffna region; * List of complainants to the All Island Presidential Commission on Disappearances to whom counselling is recommended; * List of disappeared persons whose children have been recommended for the award of scholarships by the Presidential Commission (All Island). The attention of the officials present was drawn of the need to implement other recommendations for relief contained in the Reports of the Presidential Commissions of Inquiry into Disappearances which have already been published. (Human Rights Commission of Sri Lanka) |
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