Gajalakshmi Paramasivam
16
July 2020
Why Repeal 19A - when it has the structure you seek?
The subject matter of the email was ‘National
Leader Prabhakaran : Even a small snake
must be beaten by a big stick’
To the extent the author of the
above message considers Prabhakaran as National Leader – that author disqualifies
as a democratic leader in communication. S/He is an autocratic leader. Likewise
any person who takes on leadership independent of an election. It was this kind
of claim that led to Separation as Sinhala Nationalists and Tamil Nationalists –
to equate which some Muslim Nationalists also showed their power last year. None
of them are Democratic leaders. Together they separated Lankans as minorities.
The 13th Amendment to the
Lankan Constitution is confirmation of Tamil Nationalism. The 19th
Amendment to the Constitution is confirmation of Lankan Nationalism.
As per Island interview ‘Udaya pushes for repealing of 19 A,
warns of SOFA, MCC et al’ -
Attorney-at-law Mr Udaya Gammanpila declared:
[The PHU (Pivithuru Hela
Urumaya) has been built on three
pillars. Those are nationalism, eco-friendliness and righteousness.]
As per the same interview – Mr Gammanpila stated:
[The 19th Amendment has created three head
Executive, namely, President, Prime Minister and Speaker.
As
long as these three persons do not cooperate with each other, the nation cannot
move forward. That is what happened during the previous regime. US
Think Tank, The Heritage Foundation has mentioned in one of their analytical
reports on Sri Lanka that the clash between the President and PM was the main
reason for the failure of the previous government. That is why the
Government seeks a two third majority to introduce a new constitution. ]
I identify with the ‘clash’ – that resulted in
the Constitutional Crisis as being due to clash between Sinhala Nationalism as
represented by Mr Sirisena – the Buddhist President and Lankan Natinalism as
represented by Mr Wicremesighe. The parallel in Tamil community are those Heirs
of Armed Rebel Leader and Political leaders like Mr Sampanthan and Mr
Sumanthiran who consider themselves as Lankans.
Going by my own experience – Jaffna Judiciary was
not able to uphold the fundamentals of Thesawalamai Law whereas Colombo
Judiciary upheld my Property Rights in Colombo – above of Sinhalese who claimed
Prescriptive Rights. This case is the parallel of Sinhala or Tamil Nationalism
v Lankan Nationalism. Lankan Nationalism won.
The strangest discovery happened when I got ready
to argue the case after terminating the services of senior counsel who failed
to demonstrate common belief based relationship – by appearing for our opposition
in the Thesawalamai case referred to above. I had the English translation of
the transcript and it was helpful in preparing the Appeal as per my Australian
experience. After completing it I was seated near my meditation spot and the
address came to my attention. I cannot read Sinhalese but my husband can. I identified
with the number. The details were shared as follows:
[How Sovereign are Australia’s Borders? – 29 March 2017
– at http://austms.blogspot.com/2017/03/gajalakshmiparamasivam-29-march-2017.html
[We approached the
Narahenpita Police through a lawyer friend to check on our land in Narahenpita
after we heard from our Attorney that someone had started occupying it while we
were overseas. The report we received was that the Police did not act. The guy
who occupied filed a case against the Police Officer – one Fabian Mitchell and
another S.Periyasamy. Our side application to subpoena the Officer was
unsuccessful. But I learnt through my detailed study of the evidence before the
Court that S.Periyasamy’s address was given by the unlawful occupier Piyadasa
as that of the land under dispute. That Truth surfaced to support me. I have
submitted this to Court and await to observe the Judgment. My vote for the Sri
Lankan Judiciary would be allocated or denied accordingly.]
To me – that was
the miracle of Belief. I forewent average pleasures of my parallels in Relatives and Friends including
to pawn most of my jewellery to purchase that land from Mr A T Benedict who was
our Director of Studies at the Institute of Chartered Accountants and to whom I
attribute credit for my knowledge of fundamentals in Accounting. The land
carries all those belief based values. Belief based values consolidate
naturally.
The Tamil
community is a mix of many sub-cultures. Tamil Nationalists who represent
indigenous Tamils are different not only to those who are Lankan Tamils but
also Heirs of Armed Rebels. One culture will not work naturally in the
structure developed by another.
The Australian film ‘In My Blood It Runs’ confirms
the inner conflict when Indigenous culture is indiscriminately mixed with
mainstream culture. Our true belief through a particular form that dominates
our mind most of the time – is our blood culture.
The main Tamil Political Party that represents
Indigenous Tamils more than others is Illankai Tamil Arasu Katchi. But to work at national level it needs the
belief of those who have progressed to National level. Current examples are Mr
Sampanthan and Mr Sumanthiran. As per the email referred to above Tamil
Political leaders the Hon SJV Chelvanayagam, the Hon G.G.Ponnambalam & the
Hon Neelan Thiruchelvam sought the independence of the Tamil Community through Tamil
Nationalism policies. One does identify with this. But this is different to the
values of Separatism as espoused by the author of the email – Tamil Diaspora
News - who declares that s/he is a follower of rebel leader Prabhakaran. The
two groups do not merge naturally at Equal level. All three politically elected
leaders invested in Colombo as National Capital. Through their investment in
the structure of Law – they Administratively invested in more educated Tamils
including beyond Lankan borders. Like in the above Land case – belief is all
powerful and protects those who believe.
At the primary level –
this belief is largely through local experiences. If the locals do not seek to
go beyond those borders – we should not invest in higher science and maths –
common globally.
Mr Gammanpila claims - ‘The 19th Amendment has created three head
Executive, namely, President, Prime Minister and Speaker.’
He states
also [The PHU (Pivithuru Hela Urumaya) has been built on three pillars. Those
are nationalism, eco-friendliness and righteousness]
The Governing President represents Nationalism. The Executive
Prime Minister represents Righteousness by using Buddha Sasana and facilitating other
religions to independently practice their beliefs. Eco-Friendliness is
maintained by the Speaker who regulates the conduct of People’s Representatives
which then spreads naturally through osmosis.
In
truth Mr Gammanpila needs the 19th
Amendment and Tamils already have self-administration powers through the 13th
Amendment. One who believes in the whole will work the whole. One who believes
in land based separation should limit her/himself to local government and
provincial elections. All followers of rebels who are participating in these
national elections – have effectively declared that they have given up
separation claim.
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