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| Sunday, 2 November 2003 |
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Features |  |
| News Business Features Editorial
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The long, agonising wait for someone 'missing' "At least, if I knew he was no longer alive it would be easier for me. The anguish of not knowing is horrible ...." explains a woman, whose husband went missing during the conflict. This young woman is one of many who share her plight in Sri Lanka, where several thousands of families yearn for news of loved ones they have lost in the conflict. Whether their loved one is a civilian or from the military, whether he or she is a Sinhalese, a Tamil or a Muslim, the suffering endured by the family is the same. The suffering is of universal nature. In order to have a slight chance to overcome this trauma, the families need to obtain answers on the fate of their loved one, they need to know, they need to grieve, they need to perform burial rites. Moreover, they need support in helping to solve economic and legal problems. The issue of missing persons is a humanitarian one, not a political one. It is about people suffering as a result of the disappearance of a loved one. ICRC and missing persons The ICRC is increasingly concerned about the fate of persons unaccounted for in connection with armed conflict and internal violence throughout the world and the anguish this causes to their families. It is deeply committed to heightening awareness of this issue with governments, the arm carriers, national and international organisations - including the worldwide Red Cross and Red Crescent network - and the general public. To that end, besides its activities on behalf of missing persons and their families in countries affected by conflicts or internal violence, the ICRC held an international conference for governmental and non-governmental experts on the issue of missing persons, in Geneva in February 2003. Three representatives of Sri Lankan Governmental bodies and two representatives of families of missing persons participated in the conference. Prevention and action During the conflict, the ICRC did all it could to prevent people disappearing in the first place. It constantly reminded the warring parties of their obligation to respect international humanitarian law, in particular to ensure that non-combatants, such as captured fighters, civilians and wounded, were treated with respect and dignity. It constantly reminds the parties of their responsibility to provide information and answers to the families. Acting as a neutral intermediary between the families and the relevant authorities (Sri Lanka security forces or LTTE), the ICRC has been active since 1990 in helping people obtain information on the whereabouts of their missing loved ones.The action of ICRC on behalf of the missing persons and their families involves all efforts that are made to locate the missing persons or obtain information. Over the last 12 years, the ICRC has been approached by the families of over 20,000 civilians and combatants of whom they have no news. After receiving information providing details of these persons, the ICRC actively searches all the possible places where the person could be found (places of detention, displaced population's camps etc.) The ICRC systematically submits the names of the persons to the parties in order to obtain information on what has become of them. Some 11,000 tracing requests are still unresolved and the ICRC will continue its work in the country until the families receive an answer. International law and missing persons Under international humanitarian law, the warring parties must respect the right of families to know what has become of relatives who went missing during the hostilities and carry out whatever research is required, in the territory under their control. However, in order to resolve the cases of missing persons, the parties have to adopt the right policy: one that gives priority to the missing person and his or her family. The parties should take necessary measures in order to prevent people from becoming unaccounted for. The concrete measures that can be taken include: (Providing means of personal identification to all members of the armed forces and armed groups (ID tags, dental records, etc.) Respecting internationally recognised standards regarding the deprivation of liberty, providing immediate notification to families and other persons having a legitimate interest in the detained persons. Ensuring that family members wherever they may be, including members of armed forces or armed groups and their family members, can communicate with each other on a regular basis. On 29 May 2000, the Government of Sri Lanka issued the following instructions to the Commanders of the Sri Lankan Security Forces: Relatives of those missing or killed The relatives of persons MIA and KIA are perturbed that dead bodies of personnel are some times disposed of, without adequate attention to identification. It also causes severe psychological scars to the members of the family when there is no definite identification. Field Commanders must be made aware of the importance of utilising all possible means of identification. Ensure that the identification disc (ID Tag) is always worn both around the neck as well as around the waist. Photographs of whole bodies, (both still and video), and if possible X-rays, dental records obtained on recruitment, could be used for identification. Bodies should never be cremated. As far as possible avoid delays in obtaining the bodies." This directive reminds those concerned that "There is a lot of trauma when families are not informed early, of those believed to be missing in action. At the earliest possible time, the family should be kept informed ..." In its contacts with members of the LTTE, the ICRC strives to pass on a similar message, so that preventive measures are taken on both sides. In Sri Lanka, what is next ? During the January 2003 round of peace talks between the Government of Sri Lanka and the LTTE, both parties agreed to ask the ICRC to help them set up a mechanism to ascertain the fate of persons unaccounted for in connection with the conflict. The ICRC has expressed its willingness to take on this task. The role of the ICRC as a neutral and independent organisation would be to advise the parties concerned in making decisions that take full account of the humanitarian nature of the problem and the needs of the families affected. (ICRC Newsletter) |
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