The principal challenge confronting Sri Lanka since the defeat of the Liberation Tigers of Tamil Eelam in May of this year will be the transformation of the current postwar situation into a post-conflict one.
This requires the prioritization of peace, reconciliation, national unity and, in particular, the restoration of the rights of more than 200,000 Sri Lankan citizens classified as internally displaced persons (IDPs) and held in closed camps in the aftermath of the war. The fate of the IDPs or, as some have called them, FDPs (forcibly detained persons), is the litmus test for peace, reconciliation and unity.
Reports of Sri Lankan Tamil "boat people" in Australia and Canada underscore the importance of concern over the IDPs and the movement toward a post-conflict situation, which has been raised by the international community in its engagement with the Sri Lankan government.
The bulk of them are held in Menik Farm in the north of Sri Lanka, a camp complex surrounded by barbed wire and army security. It is the single largest concentration of Tamils in the country. There is no media access except for the "guided tours" put on by the authorities for selected media and visiting dignitaries. These include legislators from Tamil Nadu province in India who have been allowed to visit the complex – in stark contrast to local legislators, some of whom have petitioned the Supreme Court about the denial of their access to citizens and constituents. A fundamental rights application filed in June on behalf of the IDPs and the restoration of their basic rights continues to be heard by the Supreme Court.
Some 52 non-governmental organizations that provide essential items and services, as well as UN agencies, have restricted access to the camp complex. Despite improvements since the camp was overwhelmed by the influx of IDPs in the last phase of the war, serious problems are still reported regarding such essentials as sanitation, overcrowding and security. There have been reports of skirmishes within the camp complex as well as of shooting at IDPs. One incident resulted in a child being paralyzed.
The camp complex accommodates twice the number it was designed for and, despite the emphasis on security and the screening of IDPs, some 20,000 are reported to be "missing" from the camp. According to a media report quoting the police, the bulk of the missing are thought to be LTTE cadres who bribed their way out.
Some pregnant mothers, persons over 60 years of age and priests have been allowed out. Most recently, the release of 41,000 IDPs has begun, including those from areas that were held by the LTTE. Child soldiers have been relocated to other facilities for rehabilitation and about 12,000 suspected LTTE cadres have been identified and are being held in a separate location within the complex. The Red Cross has no access to them.
Monsoon rains are expected soon and will compound poor conditions at Menik Farm. Rains in August resulted in flooding, sanitation problems and unrest among the IDPs. It is hoped that the onset of the monsoon will act as a catalyst for the restoration of the IDPs’ rights, especially their freedom of movement. However, there is reason to believe that the issue will be treated in terms of the "decongestion" of the camp complex and not from the overarching imperative of the IDPs’ human rights. This assumption is based on earlier reports that some IDPs were relocated from Menik Farm to other nearby camps that were labelled as "transit camps."
The government of Sri Lanka has maintained that IDPs will not be held indefinitely and initially assured the United Nations and the Indian government that 80 per cent of the IDPs would be allowed to return by the end of the year. The end of January 2010 is the date now most frequently mentioned.
The government argument has been that IDPs have to be screened and that they will be allowed to return once de-mining has been completed in their home regions. The key issue, though, is the IDPs’ freedom of movement. Return must be voluntary. IDPs can stay with host families until they can return to their homes. Moreover, not all areas were mined to the same degree and some not at all. Lightly and non-mined areas can be prioritized and prepared for IDP return. As for screening, it is claimed that the bulk, if not all of it, has already been concluded. To keep citizens in refugee camp conditions without allowing them their basic rights is sure to breed frustration, anger and bitterness. Furthermore, it is important that the release of IDPs not be ad hoc and haphazard and that they are provided with the rudimentary essentials to resume their livelihoods.
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