In Sri Lanka, families of missing persons face a frustrating challenge: despite having the Certificate of Absence (COA) issued by the Office on Missing Persons (OMP), many banks have repeatedly refused to recognise it.
This legal document was meant to help families manage their loved one’s assets without declaring them dead, but the lack of acceptance by financial institutions has left many in a difficult situation.
This raises concerns about the system’s ability to truly support those already suffering from the pain of losing a loved one.
According to OMP Chairman Mahesh Katulanda, many commercial banks remain reluctant to recognise this legal document, creating undue hardship for those already grappling with the emotional toll of losing a loved one.
He told The Sunday Morning that the OMP was in discussions with the relevant authorities and hoped that the matter would be resolved before the end of March.
The OMP’s role
The OMP, established under Act No.14 of 2016, plays a pivotal role in addressing the plight of families searching for loved ones who have gone missing due to conflict, political unrest, or enforced disappearances.
One of its key functions is facilitating the issuance of legal documents such as the Certificate of Absence and Certificate of Death (COD) for missing individuals, providing closure and administrative relief to affected families.
The OMP issues a COA based on an interim report it provides to the relatives of a missing person. This interim report is issued when sufficient evidence is gathered to reasonably conclude that the individual is missing.
This allows families to obtain the certificate from the Registrar General under the Registration of Deaths (Temporary Provisions) Act No.19 of 2010, or any subsequent legal framework enabling such certificates. Certificates of Absence serve as critical documents for families to manage property, financial accounts, and legal affairs without declaring their loved one as deceased.
In cases where investigations conclude that a missing person has died, the OMP issues a final report to the relatives. This report facilitates the issuance of a COD by the Registrar General. These certificates provide families with the legal acknowledgment necessary to access reparations, inheritance rights, and administrative remedies.
The OMP also ensures that if new evidence surfaces contradicting earlier conclusions, relatives and the Registrar General are promptly informed to correct the records.
The COA was introduced as a humane solution for families unwilling to accept the death of a missing person by obtaining a COD.
“Many families still hope their loved ones will return one day,” said Katulanda. “The COA allows them to manage practical matters, like handling property or accessing bank accounts, without having to declare the person as deceased.”
Limited acceptance
However, despite its legal validity, the COA has not been widely accepted by financial institutions. This has led to complications, particularly in cases where missing persons had significant deposits or multiple claimants to their assets.
Katulanda highlighted that even when a nomination was made at the time of opening an account, banks remained hesitant to release funds. “Some banks are reluctant to act on the COA, fearing complications with large sums or conflicting claims,” he noted.
The reluctance to accept the COA not only impedes financial processes but also prolongs the suffering of families, who are often already overwhelmed by legal and bureaucratic hurdles. For many, the COA represents a compromise, a way to access critical resources without prematurely declaring their loved one as deceased. However, its limited acceptance undermines this intent and exacerbates their challenges.
Legal amendments necessary
One of the primary challenges to the COA’s widespread acceptance lies in the lack of robust legal provisions mandating its recognition. Katulanda explained that while the COA was supported by the law establishing the OMP, financial institutions often demanded additional legal clarity or procedural safeguards.
“An amendment to the law is necessary for the Registrar General’s Department and other entities to fully accept the decisions made by the OMP. The Registrar General’s Department would conduct inquiries to ascertain the facts,” he said.
Such an amendment would not only provide clarity but also strengthen the credibility of the COA. It would ensure that the document cannot be misused for fraudulent purposes, a concern cited by some institutions.
“Safeguards are critical to ensure that the COA cannot be exploited for fraudulent purposes,” Katulanda emphasised. These safeguards can include stricter verification processes and increased collaboration between the OMP and other Government bodies.
The OMP is actively working to address these concerns through dialogue with key stakeholders, including the Central Bank of Sri Lanka (CBSL), the Registrar General’s Department, and the Attorney General’s Department.
“We are working to ensure the COA is recognised and can be used seamlessly by families in need,” Katulanda assured. However, he acknowledged that systemic change took time and required cooperation from multiple parties.
More than a legal document
For the families of the missing, the COA is more than a legal document – it is a lifeline. It enables them to access bank accounts, manage property, and resolve other practical matters without closing the door on the possibility that their loved one might still return. Yet, the hesitancy of banks to accept the COA leaves many families in a state of limbo.
Consider the case of a family whose primary breadwinner went missing during Sri Lanka’s civil conflict. Without access to the missing person’s bank account or property, the family struggles to make ends meet. Despite obtaining a COA, they find themselves caught in a web of bureaucratic red tape, unable to convince financial institutions to release the funds. For such families, the delay in recognising the COA compounds their grief and creates additional financial strain.
Katulanda acknowledged these struggles and reiterated the OMP’s commitment to resolving the issue. “We are committed to resolving this matter by coordinating with the necessary authorities. The COA is not just a document; it is a lifeline for families who deserve support and compassion.
“The problem is that there is no particular law or gazette requiring others to comply with the COA. Only the institutions which are aware of the recognition of the COA are accepting this, but there are complications where others are concerned,” he explained.
Despite the challenges, there is hope on the horizon. The OMP’s ongoing discussions with relevant authorities aim to create a streamlined process for the acceptance of the COA.
Katulanda expressed optimism that a resolution would be reached soon, ideally by the end of the first quarter. “We are working tirelessly to ensure that families can use the COA without facing unnecessary obstacles, and we have held discussions with the Attorney General’s Department, CBSL, and Registrar General’s Department to find a solution,” he said.
Part of the solution lies in improving public awareness and institutional understanding of the COA. Many banks and other entities remain unfamiliar with the document and its implications, leading to inconsistent practices.
“We are working on bridging the gaps to ensure that the authority vested through the COA is maintained, and there is authority vested through the Office on Missing Persons (Establishment, Administration, and Discharge of Functions) Act No.14 of 2016. Therefore, if somebody says that there is no use for the document, they are wrong,” he asserted.
Speaking on the COD, Katulanda claimed that the process should not be easy. “A Certificate of Death would already be recognised, but the process of obtaining this certificate cannot be easy. If it were simple for a missing person to be declared dead, it would lead to other complications. For example, a criminal could easily pass on their assets by obtaining a Certificate of Death, so this certificate is issued by following certain guidelines,” he said.
Political will and resources
Addressing rumours that the OMP itself was underfunded or lacking in resources, Katulanda dismissed these claims, emphasising the consistent financial and political support from both previous and current administrations.
“The OMP has the resources to implement its action plans effectively,” he stated. “The challenge lies in ensuring that all relevant institutions collaborate and comply with the framework set out for the COA.”
He highlighted the importance of political will in addressing the issue. “The Government, past and present, has shown a strong commitment to supporting the OMP and its initiatives,” he said. This political backing is crucial for driving the systemic changes needed to make the COA a functional and widely accepted tool.
Attempts to contact the relevant authority of the CBSL for comment did not prove to be successful.