In two specific locations in the North — Jaffna and Vavuniya — local elections will be held offering the citizenry an opportunity to democratically elect their representatives. It is also of immense symbolic value and marks the end of a 27-year-old war and the reinforcement of civil administration.

Though the general belief is that polls have come too soon, the eagerness with which the government has moved into the election phase post war is not surprising, given the political adroitness of the administration to record quick political gains in the first flush of war. And the same applies to the ambitious programme to resettle at least half the displaced population within 180 days. An insurmountable task in the eyes of many but an important target nevertheless.

If post war success stories include snap elections and quick resettlement plans, the Tamil political leaders and civil rights activists claim that the manner in which the IDP camps are run with severe restrictions of movement and lacking outside access, is a violation of their fundamental rights, International Covenants, Civil and Political Rights and the Guiding Principles on Internal Displacement that do grant IDPs the right to liberty of movement and the right to move.

Yet, the restriction of movement for the IDPs and the denial of access by outside parties to the camps have now resulted in a group of opposition political leaders petitioning the Supreme Court seeking court intervention to secure their right to access the camps for IDPs.

In another development, the Tamil National Alliance (TNA) too has lodge protest with the Indian Minister of External Affairs, S. M. Krishna last week stating ‘an environment of secrecy and complete lack of transparency prevailed’ with regard to the camps for the internally displaced.

According to TNA Group Leader R. Sampanthan, ‘the IDPs have no freedom of movement. Access to camps is severely restricted and this denial applies to legislators who rightfully represent the IDPs, human rights groups and independent media.’

To buttress his argument, he adds that thousands have given up their homes when High Security Zones (HSZs) expanded, new military check points, camps and the military installations were created in the north.

"Intrusion by the armed forces is no longer justifiable," the TNA letter emphasised.

Besides the political agitation to gain access to IDPs, the issue of restriction of IDP movements, has now formed it into a matter before the country’s fundamental rights jurisdiction.

The Centre for Policy Alternatives (CPA) too challenged in court the curtailment of movement of Internally Displaced Persons (IDPs) interned in the camps. When the matter came up before the Supreme Court on June 18, the state moved for time to obtain instructions.

The Petitioners cited The Ministry of Defence, Defence Ministry Secretary Gotabaya Rajapakse, Northern Province Competent Authority Maj. Gen. G.A. Chandrasiri, Disaster Management and Human Rights Ministry Secretary Prof. Rajiva Wijesinha, Resettlement and Disaster Relief Services Ministry Secretary U.L.M. Haldeen, and the Attorney General as respondents.

A CPA spokesperson said that the petitioners sought the court to declare that the respondents and/or the state have violated the fundamental rights guaranteed to the individuals placed in the IDP camps, namely the right to equality and equal protection under the law, freedom from arbitrary arrest and detention, freedom to engage in any lawful occupation profession, trade, business or enterprise, as well as freedom of movement and of choosing their places of residence within Sri Lanka.

Significantly, the petitioners maintain that according to international standards enshrined in the International Covenants, Civil and Political Rights and the Guiding Principles on Internal Displacement, IDPs have the right to liberty of movement and the right to move freely in and out of camps.

In this backdrop, TNA MP Mavai Senathirajah opines that in the backdrop of guns being silenced, there was no need to restrict the IDPs so strongly to camps. "It is unjustifiable to have intrusions of this nature."

The TNA is of that firm belief that the military that currently has control over the IDP camps would next give way to new military installations that would be co-ordinated and managed by a Chief of Defence Staff, a post the government is keen to create swiftly.

The bill in this regard has already been tabled in parliament seeking to confer sweeping powers upon the Chief of Defence Staff, a position believed to be tailor made for Army Commander Sarath Fonseka.

Whereabouts unknown

According to EPRLF General Secretary, Suresh Premachandran, it is believed that some 13,000 people have been taken in for questioning by the security forces subsequent to which their whereabouts are unknown, a fact also mentioned in the TNA’s letter to the Indian External Affairs Minister.

"We have heard that when these people are interrogated, there is little or no neutral presence," claims Premachandran, and further alleges that these camps are indeed concentration caps for the Tamil people.

He says that as legislators representing the IDPs, it is their bounden duty to insist that the government allow the IDPs to urgently move out of these camps without making the need for demining an excuse for delayed resettlement of the people. "In some areas we believe demining is not required," he adds, further claiming that it appears as a mere excuse to retain people in camps with no freedom of movement.

"The IDPs according to our knowledge can’t move and can’t visit anyone," notes Mavai Senathirajah.

The TNA leaders also have serious reservations about the composition of the government appointed task force for northern rehabilitation which comprises 18 Sinhalese and a single Muslim.

"All the displaced are Tamil people. Naturally, this scheme does not safeguard the interests of the Tamil IDPs," adds Premachandran.

However, the TNA has taken a position with regard to LTTE surrendees which will prove untenable before the Rajapakse administration.

The TNA now seeks a complete amnesty for all LTTE surrendees, a position the government will not accept despite the Tigers being militarily vanquished.

The TNA’s position is that some 10,000 LTTE cadres surrendered to the Sri Lankan military forces and in a post war climate, they all should be granted complete amnesty.

The above, according to Government Defence Spokesperson, Minister Keheliya Rambukwella is completely unacceptable. "There can never be blanket amnesties. Some of the surrendees will surely have to be questioned and even action instituted against them. The due legal process must follow," adds Rambukwella who does not wish to comment on the number of surrendees.

As for the TNA’s call to release the three Tamil doctors who are now under questioning by the Criminal Investigations Department (CID), Rambukwella insists that due process must follow. At present, three medical doctors who served in the LTTE controlled areas and later entered government controlled areas — Dr. T. Sathyamoorthy, Dr. Varatharajah and Dr. Shanmugarajah — are currently under custody as is TNA Parliamentarian for Mullaitivu, S. Kanagaratnam.

In the meantime, the government is moving into the political phase with Minister Vinayagamoorthy Muralitharan being instructed to conduct the UPFA election campaign in the north.