Gajalakshmi Paramasivam

26 January  2020

AUSTRALIA DAY & LANKAN WAR

This morning I recalled how  Australia Day Power worked for me in 2012. It was on this day that the Testamentary case against my husband’s brother was to come to Mallakam District Court for the first time in relation to our Objections against fellow Australian Relatives. Our side lawyer – a Sri Lankan Tamil – tried to influence me to sign an affidavit which in his opinion would have made it easier for him to show a ‘win’. Without such ‘wins’ he would not have lasted that long as a legal practitioner in that part of the world where most folks are indigenous. We had already submitted my husband’s Affidavit, but for some reason the lawyer wanted to change it. I was firm. That was our truth and it had to stay that way. On 26 January 2012, I prayed to Mother Australia who comforted me during my challenges in Australia, as a migrant. I prayed at our family temple which encompasses my mother’s as well as grandmother’s powers.

In court – the Judge – his honour Justice Ariyanayagam asked me a few questions based on the Affidavit my husband had signed and then he seriously disciplined the Opposition lawyer for running a de facto court outside the official one. I knew then that I had been heard by Lady Justice Herself. Justice Ariyanayagam by age was my senior. This meant that he was an heir of the  English system of Justice – as practiced in Sri Lanka - which is the basis of most of the Legal Administrative Rules in Sri Lanka. Here in Australia, I diligently followed those rules – never taking shortcuts despite the pain of losses. This resulted in the losses becoming ownership as an Equal not to the Opposing litigants but to the lawyers who represented them. This includes Dr John Griffith who represented Mr John Howard who was then Prime Minister. It is my understanding that Dr John Griffith is now himself a Judge of the Federal Court of Australia. It was by accepting those ‘failures’ as weaknesses in the Judicial system that I realised the Truth about the official Australian system of Justice. Since I followed Due Process as stated by the Official system – I became an owner and this meant that I carry that as Energy / Shakthi with me wherever I go. That manifests Itself when I feel a need – and the manifestation happens through the highest level in that environment.

My criticism of Mr Wigneswaran is that he ignores this need in Northern Sri Lanka – even after his term as Chief Minister has expired. In his shoes – I would have by now written  books about how to improve Administration of Justice in Northern Sri Lanka where he continues to be respected for his past as Justice of the Supreme Court of Sri Lanka. That would have then confirmed Soul connection with the folks of Jaffna. Our Objection to the Equal Division of the wealth of my brother in law was dismissed by the younger generation judges – including Justice Ellanchelian  but as per my interpretation of Thesawalamai law – daughters who get dowry do not get a share of the common wealth of the parents  and brothers.  It is like Devolution. Once power is devolved to Provinces – Provinces are not entitled to have natural (Equal) share in the residual value which then is the new value of the Common wealth.

The fact that Jaffna Justice system erred at that level confirmed to me their lack of respect for the ancestors of the Justice system particular to Northern Tamils. Instead – they confirmed a de facto system which did not connect to the roots of Jaffna Kingdom that we take pride in.

If we are claiming genocide to ‘separate’ then who in current Jaffna would lead the Justice system and also the Public Administrative system in Northern Sri Lanka?

We celebrate Australia day including through mourning by Indigenous Australians.  In his article ‘Australia Day as a day for humility’ Andrew Hamilton ofEureka Street  highlights this as follows:

[The ‘arrival’  of  White Australians is celebrated today by us Australians. All migrants have benefited from the arrival of White Australians. Indigenous folks do mourn

The inappropriateness of the date, however, has some beneficial aspects. It focuses attention on the relationships between Indigenous Australians and later arrivals, and between Indigenous and the largely European cultures in Australia. Public discussion of these relationships often manifests prejudice and self-satisfaction. But it could also encourage humility and reconciliation, inviting a shared conversation about how our conflicted past has influenced the present Australian reality, and how reflection on it might shape a better future.

In what we hope is the aftermath of the catastrophic fires this conversation is particularly important. In addition to the reviews of the factors that made them so destructive and of how we might better prepare for future fire seasons, we need also to ask larger questions about how Indigenous Australians before European settlement managed the land and how our agricultural and economic practices have contributed to the perilous situation in which we now find ourselves.]

First White Australians considered this land to be ‘Terra Nullius’. After a very long period – that assumption was ruled to be wrong in international law. This happened due to the likes of Eddie Mabo and White Australians committed to truth who listened to the true feelings of Indigenous Australians who were connected to their ancestors.

Recently the new President of Sri Lanka gave the parallel to the above ruling – that those who were thought to have ‘disappeared’ were actually dead. That confirmation is of great value to those who continue to think that their sons are in custody and are being tortured by the government in some corner.   That kind of through stems from our own militant culture which did abduct and ‘brain-washed’ young ones as if  they were the only independent Tamil leaders. Being ‘free’ does not mean that one is independent. An independent person would be independent of fault-finding in others. An independent person would own faults as if it were hers/his. If we do not have those faults or if we do not need the other side to ‘show’ that we are better – we would be untouched by the other but would defend our own territory. Those who ‘attacked’ their own – such as militants in South and North – have not right to claim Independence on behalf of the whole. They had to kill others for their own survival and hence they were dependent. The only killing that is allowed in terms of Independence is in Defence and one who  attacks loses the right to claim independence of the whole.

Once Tamils own that we killed our own – we would be naturally Independent and we would not need another side to prove this. How we manifest that truth would need to be at least at equal level to other groups for us to recognize the early warning systems. Here in Australia – Indigenous groups are Equal to non-Indigenous groups. All of us who carry our belief in traditional elders such as those of Jaffna Kingdom – naturally become part of the Indigenous group in Australia. Likewise, when Tamils and Muslims carry their belief in ancestors – they empower the indigenous groups in the current area of Sri Lanka that is ‘home’ to them. A true believer in her/his ancestry will recognize and accept another true believer in her/his own ancestry. When both are allocated Equal status – it is easier to respect the other.   Trying to make juniors of those who believe in their own ancestors becomes a curse that we have no power to cure. Hence the need for separation and privacy.   

I now celebrate Australia Day as an Indigenous person who is able to practice her belief without fear of being misunderstood.  I confirmed by independence of mainstream White Australians by refusing to be pampered by their handouts if I said ‘yes’ when I meant ‘no’.