Tamil Civil Society Forum

Covering note to the Letter sent to the FM on the OMP on 19 May 2016.
We reiterate the concerns that we raise in our letter to the Foreign Minister on 19 May 2016,
particularly with regard to the composition of the OMP and the conflation of the issue of missing
persons and Enforced Disappearances.
We are in the process of studying the bill in detail. Our preliminary concerns are as follows:

Clause 12 (1) of the OMP Bill provides that where it appears to the OMP that an offence
within the meaning of the Penal Code or any other law, has been committed, that warrants
investigation, the OMP may, after consultation with such relatives of the missing person
as it deems fit, in due consideration of the best interests of the victims, relatives and
society, report the same to the relevant law enforcement or prosecuting authority

The provision gives the OMP discretion over referral to prosecution. The terminology
used is may report the same to the relevant law enforcement or prosecuting authority.
This is unacceptable. The standards laid out to the OMP in exercising this discretion, i.e
after consultation with such relatives of the missing person as it deems fit, in due
consideration of the best interests of the victims, relatives and society denies self-agency
to the victims. The terms as it deems fit is unacceptable. The vague reference to society
in the list of persons whose best interest the OMP should consider is also unacceptable.

Irrespective clause 13 (2) of the Bill provides that the findings of the OMP shall not give
rise to any civil or criminal liability. Does this not contradict with the already weak 12 (i)?

Clause 13 (1) (g) read with clause 18 provides that the OMP can set up its own witness
and victim protection unit but 13 (1) (g) also provides that it can make use of the 2015
Act. The latter beyond doubt is a problematic piece of legislation. The OMP has been given
a choice here to utilise the provisions of the act or to set up its own unit. No substantive
details are provided as to how the separate unit will function.