Gajalakshmi Paramasivam
23 March 2018
We French Tamils or We Sri Lankan Tamils?
Published 21 March 2018
From:
While welcoming these steps, we are
disappointed that the pace of progress has been slow. Much still remains to be
done to implement Sri Lanka’s commitments. We remain concerned about reports of
abuse of authority by some security officials. And multiple incidents of
intercommunal violence, attacks, and hate speech against minorities are
alarming and demonstrate the need for reconciliation efforts.
As Sri Lanka acknowledged with its
co-sponsorship of resolution 30/1, devolution of political authority through
constitutional reform is integral to lasting reconciliation and non-recurrence
of violations and abuses. Families of disappeared persons from all communities
have waited too long for answers. We urge that the Office of Missing Persons be
fully operational without delay, and for meaningful steps to establish the
other transitional justice mechanisms outlined in resolution 30/1. Effective
security sector reforms, repeal of the Prevention of Terrorism Act, and release
of more military-occupied land to civilian ownership, will all help build trust
and confidence.
With determined leadership and a clear
timeline for action, this Government can deliver the reform and justice agenda,
and take the actions needed to support long-term reconciliation, with the support
of all Sri Lankans.
Sri Lanka still has an historic opportunity
to avoid returning to divisions of the past. We firmly believe that
implementing the reforms in resolutions 34/1 and 30/1 will help give all Sri
Lankans assurance of the safe, peaceful, and prosperous future they deserve.]
As an Independent Tamil, I identified with the
essence of the above. I listened to many of the speakers including our
Australian Government’s representative, at the General
Debate - 51st Meeting, 37th Regular
Session Human Rights Council. I was very disappointed to learn whom two speakers – one from Vaddukoddai – Mr Sugash
Kanagaratham and the other – the grandson of the Hon G G Ponnambalam from Jaffna – Mr Gajendrakumar Ponnambalam,
represented.
Mr Ponnambalam was representing ‘Association des étudiants tamouls
de France’/ Tamil Youth Association of France. The Vaddukoddai representative spoke under
the banner ‘Association pour les Victimes Du Monde’ / Association of the victims of the world. To add insult to
injury, the Vaddukoddai representative said words to the effect:
‘We Tamils of North and East of Sri lanka
lost 147 Tamils in brutal genocidal war’
To my
mind that was not a slip of the tongue. It was certainly a fault of the brain. THAT
confirmed to me that the speech was empowered by negative forces. Once when we
were discussing the testamentary case in relation to my brother in law’s
intestate estate, close relative who
said in words that we were entitled to Thesawalamai distribution, said in haste
that it was equal share. The ruling of Thesawalamai is that brothers inherit
from brothers and sisters from sisters. Later when I pointed out to the
relative that his words contradicted the Thesawalamai ruling, he said he did
not know how that happened! I said it was simple – that he did not have the ‘experience’
and hence would become the medium of the person he liked.
Mr Sugash Kanagaratham completed his UN speech with the saying ‘Justice delayed is Justice denied’. My brother in law died in April 2010. Mr Sugash
Kanagaratham’s relatives had custody of documents and refused to share them
with us. The matter went to Court in 2011 and is still going. Is that not
Justice delayed in the courts that Mr Sugash Kanagaratham is part of?
When
Tamils come before the UN to share in its authority – they have to be clean of
the LTTE’s breaches of the law, on equal footing. I know of no such remorse by
these two gentlemen.
The
highest Court of all is the Court of Natural Justice. Mr Ponnambalam stressed
that we needed to hold ‘Sri Lanka
accountable for the grave human rights and international humanitarian law
violations that had taken place during the war’
One who
does not know these gentlemen would think they were French Tamils or African-French
Tamils. Why is it that they have not represented themselves as Jaffna/Vaddukoddai
Tamils ? Are they promoting emigration of
Tamils? Are they not capable of developing their own institutions?
Recently,
I was approached by a group from Vaddukoddai area where Mr Sugash Kanagaratham has a thriving law
practice, for further sponsorship of their sports activities. I said we,
Australian Tamil Management Service would consider it only if they were ready to
provide an undertaking that they would not come illegally to Australia. Most
present had said that they were not likely to emigrate. I needed that
undertaking to respect the value of Australia. In the case of my brother in law’s
testamentary case, Mr Kanagaratnam said
he could not represent us because the other side was his relatives!!!
This morning I commented as follows on an Uthayan report at (http://newuthayan.com/story/77831.html)
regarding his honour
Justice Elancheleyan’s message to parents to discipline their children:
[The same judge failed to rule
against two Tamil Diaspora youngsters who abused the positions of their mothers
to effectively override Thesawalamai law / practice which ended up with the ruling that no Administrative system was
needed but only the certificates of heirship were to be issued - as claimed by
the sisters. His honor justice Manickavasakar Elancheleyan ruled that my
husband, the brother of the deceased Subramaniam Yoganathan, was not entitled
to Administrative rights. This was claimed by the sister who neglected her
brother when he was alive and needed help and who was known to have been 'told'
by the deceased not to interfere in Family Administration. These were all
presented to the Court through Affidavit evidence. But the Mallakam Court
became the medium of the sisters' lawyer
who is paid by the sons of the sisters and ruled that the Affidavit was invalid
due to technical fault (as per their mind) in the jurat clause. To my mind,
there is no fault there. But even if there was we ought to have been
facilitated to correct the technical error to suit that court. Had Justice
Elancheleyan read the Affidavit - he would have awarded the most educated
person the Administrative authority - especially considering that majority of
the wealth was in London's Barclay's Bank. Deductions from the Estate have been
claimed by the sisters and that was NOT disallowed by this Judge. Lawyers and
judges of the junior courts are the children of senior judges. Justice
Elancheleyan missed the opportunity of the Appeal process to discipline them.
Parents of accused are outside the judge's jurisdiction. Just because it is
easily visible does not mean that the Judge has the authority. In fact to
criticize or advise the parents - the Judge stepped out of his position -
meaning he was distracted from his duty.
I have heard Mr Elancheleyan talk
about his guru as Beeshmar and Thronar of Mahabharatham. Lord Krishna said to
Arjunan to challenge his own family
elder and guru respectively as per Arjunan's DUTY. But Justice Elancheleyan did not discipline
the parents of the young sons whose education we facilitated in Australia, by
disrespectfully denying us information that was in their physical custody. All this was available to the educated judge.
Yet he failed. Those poor parents who also cannot control their sons - lack the
confidence of high position. The opportunity to discipline them must be earned
by living as part of them - and expressed as a member of the public and not as
a senior in court relationships. There -
the parents are Equal to the Judge and hence unless there was evidence before
the court that they have contributed expressly to the crime - they cannot be
'told'.]
Disorder in Sri Lanka has to be addressed by
the People starting with family. Punishing the government is not going to bring
back order that we already lack. As per my experience Jaffna courts system and University
of Jaffna are seriously lacking in Administrative order of global standards and
sometimes of Colombo standards. It’s not about winning. It’s about being heard
on equal footing.
Once the people have knowledge of that kind of system – they may feel more encouraged to settle conflicts
internally. We could not and hence we escalated the matter. These are issues
that we have to address at our own levels. At our family level – we are
escalating family conflicts as much as we can – despite often feeling that the
thinking of the Courts is different to ours. Every law abiding citizen has the
right to express her/his interpretation of the law. This needs to happen before
we earn the right to be tried under international law.
Going by
my Australian experience, International Courts are not likely to deliver in a
way that the ordinary Sri Lankan would understand and integrate. I do not know
of one Vaddukoddai or Jaffna citizen who has the mind structure to receive such
judgments towards improving their own thinking towards relating to the world.
Ultimately
we experience peace of mind only when we are right as per our conscience. I
know of many Tamils who were hurt by both sides of this war. We need to
internally improve ourselves to qualify to go global. .
Today for example, I received an invitation from the
Institute of Personnel Management Sri Lanka, to showcase my Human Resource Management related
research/studies, in the Sri Lankan context. But there has been no such
valuation from Vaddukoddai or Jaffna Politicians, despite my service
there. Politicians want us to support
their personal agendas. Where they have the clout they must share with others to
earn the deservedness to share with others’ savings in wider world. Otherwise they become our opposition.
We the
people hurt or support each other. The government and the judiciary are merely
intermediaries in the process.
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