Gajalakshmi Paramasivam – 26 Sept 2015
US Discrimination against Tamils
Relevant excerpts from A/HRC/30/L.29 - HRC 30th Session – Draft UN Resolution -Item 2: Promoting reconciliation, accountability and human rights in Sri Lanka
Recalling also Human Rights Council resolutions 19/2 of 22 March 2012, 22/1 of 21 March 2013, and 25/1 of 27 March 2014 on promoting reconciliation and accountability in Sri Lanka,
Reaffirming its commitment to the sovereignty, independence, unity and territorial integrity of Sri Lanka,
Reaffirming that it is the responsibility of each State to ensure the full enjoyment of all human rights and fundamental freedoms of its entire population,
Welcoming the historic free and fair democratic elections in January and August 2015 and peaceful political transition in Sri Lanka,
Welcoming the steps taken by the Government of Sri Lanka since January 2015 to advance respect for human rights and to strengthen good governance and democratic institutions
Pp 10 Welcoming as well, the steps taken to strengthen civilian administration in the former conflict-affected provinces of the North and East, and acknowledging the progress made by the Government of Sri Lanka in rebuilding infrastructure, demining and resettling internally displaced persons, and calling on the international community, including the United Nations, to assist the Government of Sri Lanka in furthering these efforts, especially in expediting the process of delivery of durable solutions for all internally displaced persons ]
The above confirm that the onus has been placed on the Government and hence when there is progress the Government gets the credit – using UN status. There was room to highlight the role of Tamil voters in bringing about the Political Leadership changes – through Presidential Elections followed by Parliamentary elections. This could be known through Experiencing Sri Lankan Governance and not by the visible measure of majority votes. Natural cultural Diversity needs to be recognized in working out the borders of each Electorate. That is when the Sovereignty of each electorate is confirmed. Each electorate is the parallel of Religion and the Nation is the parallel of God. The Sovereign powers of any area must be preserved for its sacredness to naturally merge with the Origin.
The Sovereignty of Tamil areas was confirmed through Natural powers – in 1977 when Tamils became the Leading Opposition in Parliament and this has been repeated in 2015. One who truly believes in Sovereignty would recognize this Natural / Divine Power and ensure that human structures do not interfere with such Divine Powers. This is very important in the case of Sri Lanka which has included Religion as a relative power in its Constitution and hence Requirement to recognize the natural borders of religion based Sovereignty. The more diverse the culture – the stronger the border needs to be.
Tamils by participating in the Presidential elections and the Parliamentary elections despite the suffering have confirmed our investment in seeking Sovereignty through the secular pathway also. Had we not invested deeply and voluntarily as per our Truth in this Common Global pathway - Tamil Eelam as a separate country is a strong possibility. Whether others, including the UN recognize it or not is secondary to Truth. The UN resolution ought to include the Sovereignty of each culture in Multicultural Sri Lanka. Whether the UN does it or not – those of us who value Sovereignty need to include it and be conscious of it when making contributions to developing harmony in Sri Lanka.
Now that North and East have been specifically recognized as war-affected areas – the bondage between the two is stronger and there is a natural merger through common experience and common status. This is of heritage value to us.
Reaffirming that all Sri Lankans are entitled to the full enjoyment of their human rights regardless of religion, belief or ethnicity, in a peaceful and unified land]
Sovereignty and Human Rights are like Government and the Voter. Both are untouchables by the system of Human Administration . Their power could be experienced but not proven. When the Vote is based on Belief – Sovereignty is naturally present.
In Sri Lanka which has experienced ethnic war – fully recognized by the UN also – there is a need to rephrase the above as follows:
Confirming the recognition of Sovereign Territories within Sri Lanka, through religious borders of electorates where majority voters are of a particular religion – the responsibility to ensuring this falling upon the major religion of Buddhism – through Article 9 of the Constitution which states:
[ The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).]
Once ‘status’ or ‘cash’ benefits are allocated the value is no longer Absolute but becomes Relative. Hence to preserve the Absolute Value – we need ‘internal’ Governance through local borders confirming Sovereign Territories. Given that the above does not fit into the UN structure – upholding Sovereignty through country territories – one could conclude that the following proposal would not address Sri Lanka’s problem at the root level:
Recognizing that the Investigation into alleged serious violations and abuses of human rights and related crimes in Sri Lanka requested in Human Rights Council resolution 25/1 was necessitated by the absence of a credible national process of accountability,
5. Recognizes the need for a process of accountability and reconciliation for violations and abuses committed by the Liberation Tigers of Tamil Eelam as highlighted in the OISL report;
6. Welcomes the government’s recognition that accountability is essential to uphold the rule of law and build confidence in the people of all communities of Sri Lanka in the justice system, takes note with appreciation of the Government of Sri Lanka’s proposal to establish a Judicial Mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; and affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for integrity and impartiality; and further affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defence lawyers, and authorized prosecutors and investigators]
5.-above is outside the moral authority of a Government that sought ‘foreign’ armed forces to defeat a local group and ended up seriously damaging the enjoyment of cultural sovereignty provided for by the Constitution. The UN abandoned this group when its powers were most needed by civilians. Only Tamils who included the Liberation Tigers of Tamil Eelam (LTTE) as part of themselves as a Community have the authority to Discipline the LTTE. Politically speaking this is the TNA at all levels of Governance. National Governments do not have the mandate to do so except under the leadership of TNA.
6.-above is the external parallel of this in relation to ‘foreign judges’. Sovereignty and Human Rights are untouchables in the secular system of relativity. The proposed Draft UN Resolution is based largely on Human Rights Breaches. These could be inquired into only through a higher authority that has preserved and upheld its own Sovereignty as an inclusive and independent wider body – called Sri Lanka in this instance or by the local leaders through an alternate pathway – in this instance the religious pathway. Given that this is bottom-up it needs to be voluntary and not mandatory – for non-Buddhists who do not have the responsibility to Administer through Article 9. Nallur Hindu Temple in Jaffna and Madhu Catholic Church in Mannar are good examples of such places of strong faith in war affected areas.
Foreign Judges in the above mentioned group need to take ‘Observer’ status and no more. If they deliver judgment then they are acting in breach of the very Sovereignty of Sri Lanka that they are claiming to help protect.
Yesterday I was invited to make submissions to the Australian Government
in relation to our Government’s inquiry into Australia's Advocacy for the Abolition of the Death Penalty. I was informed that the inquiry, led by Hon. Philip Ruddock, wanted to hear from the Public on what our Government should do to lead the fight against the death penalty.
Such invitations have happened previously through my regular feedback to the Government through my belief that I am Australian. Through my own voluntary contributions in the case of Death Penalty to Bali 9 leaders – I believe I developed this opportunity to contribute at policy level – so others would be prevented from Damage to their Sovereignty. This includes Governments. Our immediate past Prime Minister the Hon Tony Abbott has accumulated good karma in this regard to purify that position, of any previous negatives and also to purify the Australian Federal Police which colluded to damage the Sovereignty of Australians.
The war related deaths of all Sri Lankans of the following categories are Death Penalties by the Government of Sri Lanka actioned unethically to damage the Sovereignty of the following groups and therefore the Sovereignty of the People of Sri Lanka:
1. Those who did not have the protection of the Government
2. Those who lived in the LTTE zones but did not declare themselves to be relying on their own Sovereign powers and/or the powers of the LTTE
3. Those who did not obstructed the Government except to Defend their own Sovereignty
Such unethical imposition of Death Penalty has the effect of damaging the self-confidence of the living who are part of the families and communities of the Dead.
The Bali 9 Death Penalty is unethical and is violation of Human Rights for the same reason that the two groups are not bound by Common Faith. Indonesia and Australia are two different entities so far as the UN is concerned and yet one does not hear UN recommending Corrective Measures to Indonesia and other member countries enforcing Death Penalty on Foreigners. Hence one has to conclude that the UN is lacking in wisdom in regards to Natural Sovereign Rights.
A member of the government does not have the right to practice the Death Penalty except through deeper faith in Sovereignty of her/himself as a citizen, relative to the Lowest Common Perpetrator of that crime within that Sovereign Group. In terms of Policy – the Government in common is taken as One and the Public as a whole is taken as One Citizen – each representing their grouping respectively.
Birth and Death are recognized as happening due to Divine / Natural Powers. Mercy killing could happen only when such killing is more painful to the killer than not-killing. Such is the confirmation of the moral authority to kill even in combat. In Mahabharatham – Prince Arjuna killed Bhishmar – the General of the Opposition Army – with such pain. Bhishmar was Arjuna’s family elder and they were very fond of each other. Yet – due to his vow to protect the throne – Bhishmar became the head of the other side Armed Forces. Bhishmar being noble – not only accepted fall in the battle field by Arjuna but asked Arjuna to prepare a bed of arrows as his / Bhishmar’s deathbed. Bhishmar had the boon of dying as per his will. Hence by lying on the bed of arrows Bhishmar delayed his death until he endured enough pain to wash off his negative karma through failure to uphold the Sovereignty of the individual – especially when the First Lady of the other side was stripped naked in public by the prince and his mates – the parallel of the rape of Tamil women by the Lankan armed forces.
The current occupants of the positions through which members of the Sri Lankan Government committed the above – is tainted with the blood of the victims. Every time an occupant of a position is abusive of the position – without deeper belief that such violation is needed to uphold Dharma/Righteousness – the Divinity of that position itself is damaged.
Like many educated Sinhalese desirous of Ruling power – who ask Tamils to go back to Tamil Nadu in India - the architect of Presidential system - Mr. J R Jayawardene demonstrated anxiety over India’s power through Tamils. In his interview to the BBC in 1985, Mr. Jayawardene revealed his fears that LTTE – with the help of India - would takeover the whole of Sri Lanka and make it a Marxist State. But what really happened was that LTTE killed the Indian Prime Minister Rajiv Gandhi and made a Ravana (King of Lanka) of itself.
When asked whether he would not be alienating Tamils by taking strong military action, Mr. Jayawardene stated that he did not think so but was more concerned of alienating the International Public. Time has confirmed that a Government through its fears of the mighty neighbor – made a mountain out of molehill. Fear is the twin of Desire.
That position created by the desires of a man who failed to value the Westminster heritage became the seat of that mind riddled with suspicion – contributed to by his own conversion from Christianity to Buddhism. Even though the current occupant is not of that nature – the damage to that position is irreparable. Not so the Prime Ministerial position and hence the positive contribution by Mr. Ranil Wickremesinghe who is a reported to be a biological relative of Mr. Jayawardene but seems to have the influence of Kelaniya. To my mind the following connection to Kelaniya is no coincidence:
[In some period of history Sinhala people have considered Vibhishana as one of the Four Heavenly Kings (satara varam deviyo). This belief was more prominent in the Kotte period. According to the Ravana Katha of Wickramasinghe Adigar, after the defeat of Ravana, Vibhishana transferred the Yaksha capital from Alakamandawa to Kelaniya. In the 15th century poem of Totagamuwe Sri Rahula, the sælalihini sandesaya, the Myna is ordered to carry the missive to Vibhishana at his temple in Kelaniya. After the 16th century he was replaced as a God of the four warrants by the goddess Pattini. He continues to be worshipped by a diminishing number of adherents, mainly in the Kelaniya area.] Wikipedia
As per Wikipedia [Mr. Wickremasinghe joined the United National Party (UNP) and progressed through its ranks. He was appointed as the chief organizer of the Kelaniya Electorate in the mid-1970s].
To the believer it is a Spiritual connection. To the non-believer it may seem superstitious. Such connections would be wasted on the latter.
No true Hindu would invade the Sovereign territory of another. A true Hindu would believe in Rama Who did not takeover Lanka after eliminating Ravana. Tamils who voted to remove the Rajapaksa Government believing him to be Ravana – were part of the causal forces that resulted in Mr. Ranil Wickremesinghe becoming the Prime Minister and effectively the occupant of the stronger Political Leadership position in Sri Lanka. Like Bhishmar – Mr. Wickremesinghe stepped down to clear the pathway for Mr. Sirisena and facilitated Dharma and has become the ultimate winner.
Indians who are true Hindus – would NOT invade Lanka or any other Sovereign Nation. Even if a country is not Sovereign – a true Indian would follow in the footsteps of Rama – and India would get involved to restore the Sovereignty of that nation and confirm it by crowning one of their own as leader. Those who desire other’s earnings would fear that other’s more powerful relations. Indian politicians may not have these qualities but Spiritual India would continue to be the soul of that region and the source of our belief in Sovereignty.
When Sinhalese lose their fear of ‘invasion’ by India – they would lose their fears of Tamils of Sri Lanka. Until then no UN measure would work towards long term solution. The UN group has the opportunity to be the umbrella under which Sri Lankans could work out their own solutions through their respective religious groups. But this umbrella must not judge nor participate at ground level. All such bodies must come at their own cost.
In the meantime if North and East are recognized as One Territory – as per the essence of the 13th Amendment to the Sri Lankan Constitution, that would clear the fears in Tamil minds to a large degree. Even if One Tamil believes in Sri Lanka as it is – no Tamil group would invade other parts of Sri Lanka. I believe I am Sri Lankan and that my belief is absolute and spiritual enough to protect my community from committing such a sin. If there is one Sinhalese who believes s/he is Sri Lankan and is able to declare that no Sinhalese group would invade Tamil or Muslim or Burgher parts of Sri Lanka – we already have the Spiritual Blessings for all human structures of the solutions.
There is a Natural Sri Lanka different to the Political Sri Lanka. It is this Natural power through the belief of the individual that gives Sri Lanka its dignity as Sovereign Nation. This Natural Sri Lanka is Different to India in form. Spiritual India would always protect this Natural Sri Lanka which includes Buddhists, Muslims and Christians and Hindus against its own Ravanas who have the tendency to ‘possess’ and increase laterally – as depicted by Ravana’s ten heads – 5 senses x 2. Rama was able to invoke the Divine power of animals Monkeys and squirrels – to defeat the sense driven Ravana and his massive human army. That is the power of One and that alone is enough to restore and uphold Lanka’s Sovereignty.