Transitional Justice and Guarantees of Non-Repetition: Sri Lanka and the Office on Missing Persons (OMP)
Transitional Justice and Guarantees of Non-Repetition: Sri Lanka and the Office on Missing Persons (OMP)

Summary/Abstract: This paper seeks to examine the process of transitional justice in Sri Lanka following the end of conflict in 2009, by assessing the implementation of transitional justice mechanisms under United Nations Human Rights Council (UNHRC) Res 30/1. Initially this paper will discuss the concept of ‘guarantees of non-repetition’ in relation to transitional justice and violations of international human rights. It will then analyse the current implementation and workings of the Office on Missing Persons (OMP) in Sri Lanka. The OMP is the first of four mechanisms of transitional justice to be implemented and officially set up by the Government of Sri Lanka in 2018. As the first functioning mechanism of transitional justice under UNHRC Res 30/1, this paper discusses what role the OMP has in constituting or contributing to a guarantee of nonrepetition. Subsequently it can play a role in addressing underlying structural issues and socio-economic rights, under the umbrella of transformative justice. Despite its implementation, the Office on Missing Persons itself will only contribute to a guarantee of non-repetition if it has the implementation and support of all four mechanisms under UNHRC Res 30/1.

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