Gajalakshmi Paramasivam – 18 April  2015

Politician; Administrator; Governor – Sri Lanka & Indonesia.

This morning I opened my friend’s email first.  I was intrigued by the subject matter ‘Sri Lankan Airlines & Weliamuna Report: Prosecution Of Negligent Auditors & Directors?’ by Amrit Muttukumaru and published by Colombo Telegraph on 16 April 2015. In this regard my article ‘Transparency or  Victimization?’ was published on 08 April 2015. I was delighted to learn that my friend who is also a Chartered Accountant -  made the connection. This was the first time I came across Mr. Amrit Muttukumaru’s name – leave alone as a Guardian Angel of Good Governance. The identity I felt with the above article was so very uplifting – a soul-experience. Bringing to surface this feeling – I was able to identify with  many common values through which such experiences happen.. The Common description would be selfless-service as the basis of such networks being formed Naturally. Most of us do provide this service through many of our pathways. But only some of us reach the final destination of Spiritual ownership. The above article led me to other articles that helped me make the conscious connection between cause and effect so as to be able to share with my current environment.

The Karmic Connection

The Effect

I wrote in my article of 08 April:

 ‘through my Australian experiences – especially with the University of New South Wales and the Federal Government – I have registered the realization that to the extent I am true – I invoke the other’s Truth during their Natural moment. Where the other person thinks I am of low status – low enough to be  a number which is the parallel of untouchability in the hierarchical system – and in real terms I am of equal or higher status than that person and I express myself within those limits of my status  – I invoke their Truth at a time when they don’t like what I say / write and they think that they are immune from any punishment by or through me. Hence my above comments about their Achilles Heel. It’s the other side of Facebook and LinkedIn connections – except these are natural and are therefore once manifested are beyond the direct control of both sides.  They have to go through the system of Truth in the Court of Natural Justice / Conscience – for us to redeem credits.’

The Cause

The above passage was invoked by Mr. Chandra Jayaratne who first contacted me on behalf of the Friday Forum which claims to promote Good Governance in Sri Lanka. Membership in this high status Forum renders one high status including in her/his mind – influencing subjective power over those who do not seem to have such high status.

After my deeper search on the basis of information in the article by Mr. Muttukumaru – I was satisfied that Mr. Jayaratne was a Public figure who did not himself hesitate to publicly question others. My intuitive identification of this hypocrism in Mr. Jayaratne was confirmed through the published work of Mr. Muttukumaru at : http://www.ft.lk/2011/05/14/amrit%E2%80%99s-open-to-letter-chandra/

After reading that article I was able to draw the bigger picture – and was  no longer driven by only my  intuitive feeling for my own purposes. I was driven by my earned status as a professional. Mr. Muttukumaru states in the above response to Mr. Chandra Jayaratne:

[You need to be commended on your recent ‘Open Letter’ at the core of which is the need for ‘good governance’ in which transparency and accountability are crucial.

It has inter alia been copied to (i) Chairman, Ceylon Chamber of Commerce (ii) Executive Director, Transparency International Sri Lanka (iii) President, Institute of Chartered Accountants of Sri Lanka (iv) President, Organization of Professional Associations. It is noted that you are director of TISL, a senior member of the ICASL and a member of ‘The Friday Forum,’ which is said to have as its objective the promotion of ‘good governance’. It has among its membership – Jayantha Dhanapala (Spokesperson), Dr. A.C. Visvalingam and J.C. Weliamuna.

The last on the list – Mr J.C.Weliamuna is the author of the recent Report about corruption in Sri Lankan Airlines. Now it makes sense as to why Mr. Jayaratne would write at THIS POINT IN TIME in response to THIS PARTICULAR ARTICLE  in which I reported as follows:

[If the current Prime Minister had felt ownership in Sri Lankan Airlines – he would have heard the alarm bells ringing as a shareholder representing the common Sri Lankan in the National Carrier. For his part Mr. Weliamuna who is listed as Chairman Transparency   International Sri Lanka, seems to have carried out a private investigative assignment for Mr. Ranil Wickramasinghe. Sri Lankan Airlines Board of Directors together with its Auditors have the responsibility to take appropriate action against both these individuals on behalf of the institution/profession on the basis of  defamation. Was the Government as a shareholder – entitled to undertake such an investigation and report publicly against a  Limited Liability Company – which lives as a separate entity to any of its shareholders?  These are basics in Sovereignty which seem to have been abandoned by the current government for political gains by impressing voters cheaply. ]

I wrote also:

[My alarm bells rang when the person who included Mr. Weliamuna in his email list wrote to me as follows:

Dear ms. Gajalakshmi Paramasivam,

I would appreciate if you henceforth will kindly ensure that you do not circulate mail to my entire circulation data base of e addresses received in error by you, as it is spam mail to them, it is a definite act of disturbance of their due privacy and considered unethical.

I trust you will please oblige]

I was surprised and initially a bit upset by this because I respected the person who included me in that group email while circulating his work. I responded as follows:

[Thank you Mr. …...  I am indeed surprised that you consider my emails to be of ‘spam’ category. It is even more disappointing that you write on behalf of others.  You yourself have sent me  public emails from time to time and given this response I categorize you as an unfair person. Such a person is not fit for public life. I will certainly remove this group from my address list – because they did come through you.  There are some who are in my other lists and I would be  happy to remove them from those lists if they write directly to me.

Just a parting observation – I find that from time to time email receivers react to particular topics strongly and that seems to be their Achilles Heel. I conclude that yours is the topic covered by this particular email

Gajalakshmi Paramasivam]

The Connection

Until today, I put it down to Mr. Jayaratne not having much wisdom in Public Communication. Now I believe that he is also part of the problem of weak governance in Sri Lanka.  This includes using subjective assessment where objective assessment is needed but is known to be disadvantageous to the person with the higher power. This is a core reason that surfaces racial discrimination to elevate the mind of the decision maker – as in sledging in cricket. You reduce the status of the other side so they would defeat themselves.

 Mr. Jayaratne did not think my articles were of ‘spam’ category.  He used his high status in society – to give that impression so the less independent reader would be distracted from my criticism of his associate Mr. Weliamuna through his  report on Sri Lankan Airlines.

Effectively therefore Mr. Jayaratne is guilty of subjective  discrimination if his position status including with Friday Forum was made along similar paths of reducing the other person’s status for the purpose of exerting authority. This urge accumulates through everyday living – and if that included higher status as a male, racial power to elect government etc. this would naturally manifest where the opponent seems to be less powerful.

Subjective Power

Simply stated: – in Autocracy

Subjective Power = Ownership + Time based seniority

In Democracy

Subjective Power = Ownership + majority vote

The above ‘spam’ ruling was wrong because the common issue for the group was Democracy. No individual has the authority to rule over another without the express authority of majority in the group.

Where one feels ownership without seniority or majority power one tends to go it alone. Often such individuals tend to be strongly independent. They would come out with high grades through either of the above measures.

One who used Time based seniority without ownership – would ‘assume’ majority power  where others in the group do not take equal position and openly exercise their votes to rule one way or the other.

Family Values

Ownership in family – which is the common hierarchical structure known to us – a Service Provider has subjective power over a Service beneficiary. In highly developed cultures this flow of authority is regulated through positions. When the junior feels respect for the senior – the two become One – and produce only One outcome. It is on this basis that Sri Lankan Government is referred to as Sri Lanka. This pathway is regulated through ‘relationships’ – the absolute value is ‘family’ is common and the relative value is through  various positions. 

Commonness

Without positions or commonness – we are outsiders to each other – even if we are seen to be in the same family. With commonness we are Family even if we are not seen together or do not know about the existence of the other. It’s Universal power that connects us through the network of Truth – which can only be experienced but not seen or known.

This Subjective seniority without ownership -  was at the core of my battles at the University of New South Wales where I claimed that my Sri Lankan Chartered Accounting qualifications were my highest qualifications. Only selfless investment could develop this belief within any person.  Today I learnt this was also part of the reason why I felt intuitively that Mr. Jayaratne was trying to reduce my status by calling my emails spam. Mr. Jayaratne was assuming ‘Policy’ level status above me. Despite his ‘policy’ status he lacked insight into the Institute of Chartered Accountants of Sri Lanka and the Profession itself. My insight is strong due to contributing more than the likes of Mr. Jayaratne and his mates – and receiving much less than they by way of benefits – money plus status. The system of Truth fills the gap at the Universal level.

Chatham House Rules

These ‘genes’ of secrecy seem to have developed within Mr. Jayaratne due to the Management system in Sri Lanka being an indiscriminate mix of the Hierarchical system of the former Sri Lankan Government/s  and the Lateral system of Democracy which would bring fame to those who ‘show and tell’ – as Mr. Jayaratne’s mate Mr. Weliamuna was doing.

The following response by Mr. Muttukumaru confirms his identification of this weakness in Mr. Jayaratne:

[You propose a ‘series’ of ‘intellectual debates’ to be held ‘closed door’ under ‘Chatham House Rules’. While a case could possibly be made initially for ‘Chatham House Rules,’ how could the ‘closed door’ and ‘inviting selected leaders’ be justified?]

Chatham House Rules are based on NO subjective identity by one about the other i.e. – no pointing of fingers at a particular subject. Mr. Jayaratne was using the global path of Objectivity and in practice he was following the Subjective path in the above matter and also in relation to my email. A practitioner of Chatham House Rules would have pointed to substance of my email communication as to the reason for disciplining and/or dismissing me. In other words – ‘spam’ ought to have a definition in the group and dismissal on the basis of spam ought to be self-applicable in a professional group.  If an email that a person in high position dislikes qualifies as ‘spam’ – then the group is a political group and not a professional group.

The hierarchy is:  Politician; Administrator; Governor. Administrator is the combination of Politician and Governor. Where Governor in a person is stronger than the politician – that person is a Professional. At the Governor level – there is only the Spirit of Ownership.

How Racial Discrimination ‘Happens’

Even if my articles were without substance – given that I am a Tamil and Mr. Jayaratne is a Sinhalese – the desire to use subjective power ought to have been overridden – so there is no room for subconscious racial discrimination – which is at the core of Sri Lanka’s war genes. Where a party complains / expresses pain on the basis of damage against another who has also claimed  damage -  both parties have equal right to express the basis of any subjective power used – for example earned position, race, gender, class etc.  But where one side’s damage is greater than that of the other – the belief as stated by that party with greater damage is the right form of reason why the subjective discrimination happened. It is therefore important to keep maintaining Equal status when one thinks of the other as an outsider. This would have prevented the ethnic war in Sri Lanka.

Genes

Talking about genes, a Tamil Diaspora leader responded as follows today to my article ‘How Sri Lanka Became Hindu through the war’:

[Emperor Asoka, having won the Kalinga war, renounced Hinduism and became a Buddhist, because he could not bear any longer, the consequence of war and the murder and mayhem war causes, in trying to build his empire. He became a follower of Buddha’s teaching and sent his children to spread the Buddhist message far and wide. Supposedly, Sanghamitta Emperor’s daughter visited Lanka.  Mahinda Rajapaksa having won the war contrary to basic principles of Buddhism which is the foremost religion in Sri Lanka. The Hindu god as a punishment to his crimes has dethroned him from power, peacefully to do justice to the victims. Sinhala leaders need to learn that only justice to all can bring peace and prosperity to Sri Lanka, as Lee Kwan Yew achieved in Singapore. ]

My response to the above was:

[Emperor Asoka did not have to renounce  Hinduism to realise the value of non-violence. Hinduism provides for it through many pathways – starting with Lord Shiva in meditation. Interestingly – given that Emperor Asoka’s children spread Buddhism – including in Ceylon – they  would have taken the Warrior genes also with them. In them these genes would have been dormant. In those who were like Emperor Asoka before the Emperor  changed over – Buddhism would have groomed the Warrior character as well. Hence King Duttagemunu and President Mahinda Rajapaksa. It was worse with SWRD Bandaranaike and JR Jayawardene who became Buddhists for political purposes.

I believe that when we contribute genuinely – it somehow reaches the genuine seeker as well as the genuine needy.  This one did – especially at this point in time when the 19^th Amendment is before the Parliament.  This particular section would not be repealed. But the Energy that has gone into establishing that Article 9 does not belong in a democratic Constitution – will translate as Equal Opportunity values for all Communities in Sri Lanka. When we BELIEVE – the Lord facilitates. Given your investment in Sri Lankan Government – I appreciate very much your value added through this article also.]

When Politicians who are also Professionals let their cultural  genes override their Professionalism they go down to the low level of governance.

Indonesian Connection

The current issue between Indonesia and Australia is the Death Penalty for Drug Traffickers. To my simple mind - Drugs kill the person’s brain cells and give them an immediate ‘high’.  Meditation stills the brain at the highest level of intelligence to free the soul from the influence of the body and the brain.  This is wholesome ‘bliss’ – the opportunity to attain which is reduced when one takes pleasure drugs and kills the opportunity to earn the pleasure. Only pleasure that has been earned uplifts the experience towards blissful level. It’s like a true PhD in Education. Despite having worked at the University of NSW, I am yet to come across a real PhD!  

I believe that my Audit work at the University - which resulted me in going to prison here in Australia - is now a positive Energy which falls within the group ‘Knock and It shall open’. Hence my articles questioning  the ‘core purpose’ driving the  investigators of Sri Lankan Airlines – in which Institution also I have ownership Energy.

In confirming the importance of allegiance to   the Core Purpose - Mr. Muttukumaru refers to the Indonesian Connection through Audit firm PricewaterhouseCoopers  (PwC) influencing  Ernst & Young(E&Y) and the Institute of Chartered Accountants of Sri Lanka (ICASL) in relation to the privatization of  Sri Lanka Insurance Corporation (SLIC):

The professional misconduct of PwC and E&Y even being confirmed by the ‘Supreme Court’ has not prodded the ICASL to fulfil its statutory obligations! The ‘Supreme Court’ in its landmark Judgment delivered on 4 June 2009, held the SLIC privatisation to be “illegal and invalid ab initio” and had ordered the removal “forthwith” of the auditors, Ernst & Young.
This violates with impunity Section 17 (2) (b) of its Act of incorporation which clearly stipulates that when an ‘Investigating Committee’ appointed by the ‘Council’ “reports to the Council that a prima facie case of professional misconduct has been made out against a member, the Council shall appoint a disciplinary committee for the purpose of inquiring into the conduct of such member”.
While PwC (Indonesia & Sri Lanka) functioned as Consultant, ‘Investment Banking and Legal Advisory Services’ to the Government of Sri Lanka, E&Y (Sri Lanka) were the ‘Auditors’ to SLIC and continued in this capacity even after the divestiture!
The SLIC divestiture is a ‘classic’ case of outrageous corruption at the centre of which are auditors. It inter alia demonstrates the ‘unholy’ nexus between key sections of the political, corporate, bureaucratic, professional and regulatory establishments of this country.
Impunity
A feature of the conduct of the ICASL is its apparent deception and impunity. This includes:
1)Sujeewa Mudalige being allowed to be the current President of the ICASL, notwithstanding that apart from being a Partner of PwC, he was a part of the Sri Lanka Team that comprised the PwC Indonesia Team that played a pivotal role in the fraudulent SLIC privatisation!

Mr. Nihal Sri Ameresekere another respected Chartered Accountant reports:

Report to Parliament on Sri Lanka Insurance Corporation Ltd:

Sale of 90% shares of Sri Lanka Insurance Corporation (SLIC)

1.      Steering Committee to handle Sale of 90% of SLIC shares has been appointed on 21.1.2002 by the Hon Minister Malinda Moragoda, without a Cabinet Approval.

2.      Steering Committee has appointed PricewaterhouseCoopers (PWC) Indonesia in collaboration with PWC Sri Lanka, without a cabinet approval, on 10.4.2002 as Consultant to the Government for a fee of US $ 1.6 Mn

There are other mentions of similar nature about Indonesian Auditors. The Auditors in Indonesia seem to be as weak as the law enforcement authorities who collude naturally with those carrying genes that develop corrution when the environment is not firm in its law and order pathways. Like Mr. Muttukumaru and Mr. Nihal Ameresekere those carrying the Good Governance genes would continue to be the protecting angels of  their respective professions and nations. 

Gajalakshmi Paramasivam – 17 April  2015

Consolidating  Beliefs Against Death Penalty

Today is Myuran Sukumaran’s birthday – and sad though it is to think of him in a prison allocated to those sentenced  to death – in another way this must be the most valuable Birth Anniversary that Myuran must be experiencing. One who truly believes in himself is unaffected by death but would know that his soul is eternal.  If Myuran is a Christian he would know that in his mind,  he is  with the Lord now that he has repented and redeemed his soul – as per HIS assessment of the needed remedy.  If Myuran is a Hindu – he would know that he would come back in another body with a higher mind that would help others in need of support and refuge.

From the point of Myuran’s loved ones – to the extent they love Myuran more than they did 10 years ago – this experience has been invaluable. As per the consolidated value of Myuran in Community and Australian Nation – not many have had this kind of elevated sharing. All those who have ‘volunteered’ support – including quietly through their belief – have contributed to this elevation.

As per Christian system – ‘Ask and you shall be given; Seek and you shall find; Knock and it shall open’ – is the order of Body, Mind and Soul levels of operation. To my mind the body level is emotional; the mind level is through discriminative thinking by seeing the ‘other side’ mentally and the soul level is through Belief. Once we invest deeply in an issue – we are in  Belief. At that level there are no active thoughts. At that level there is just identity. We take this with us beyond death of the body.

One who operates at the surface level to cause a true believer pain and loss – is incurring the opposite karma which cannot be redeemed in this life. They are deeper than wrongs and become sins. Likewise Rights that are higher than the system level become Spiritual Merits /Saintly Energies. In Bali’s main religion -  Hinduism – these are recognized as Paavam / Sins and Puniyam/Spiritual Merit  respectively. Both are taken with the soul into one’s next life. Those with more Paavam than Puniyam are reborn as those  driven by the physical (the first group of the Christian grouping)  and those with net Spiritual Merit become Guarding & Guiding Spirits – the third category  in the above Christian grouping.  I would like to call them Satanic Forces  and Saintly Forces respectively for this purpose.

Those who generate more Satanic force than Saintly  force  in this life are reborn without deeper protection of the system of Natural Justice. I believe that Lord Krishna said to do our duty and leave the returns to Him – for this reason. Genuine contribution – as if the other is a part of us – is of eternal value – and this value is with us as Saintly Force. Where one knowingly or otherwise takes earnings of another for selfish reasons – for her/himself and for her/his group’s pleasures  – and fails to right the wrongs even when the opportunity arises -  that person accumulates  Satanic Force.  This  cannot be redeemed by mere ‘right/merit’ in current life. It can only be redeemed by Puniyam / Spiritual merit/Saintly Force  earned  by the person and or belief  in someone who has such Puniyam/Spiritual Merit/Saintly Force. The support shown from all over the world for the Bali 9 leaders confirms that their wrongs have been righted and that they are able to invoke the Spiritual Merit/Saintly Forces in this issue from all directions. They are not offenders any-more and have earned the right to be freed from prison – leave alone freed from the death penalty.

I was asked why I was speaking more for Myuran than for Andrew Chan. To me they are common victims in need of  Saintly Forces.  But as a Tamil and a Hindu I am able to invoke the Guiding Spirits of those who followed these pathways more quickly than through the secular system. In other words – I am able to invoke the Hindu and Tamil Saintly Spirits more quickly through my own deep investment in these cultures.  In addition – as a family elder I feel strongly with Myuran’s mother and his paternal grandmother whom I am very fond of.  To the extent I have contributed to commonness in our families – Myuran is naturally entitled to my Energies in this. They work naturally for him to the extent of our common belief. Many in Myuran’s family have also demonstrated respect for the positions my husband and I hold professionally. These are part of our common investments in ‘systems and structures’ and leaders have the duty to share their status with those in need.

As per news reports :

 [Indonesia’s Attorney-General’s office is continuing to suggest that the executions of 10 drug traffickers, including the two Australians, will be carried out after an Asia Africa Summit concludes in Indonesia on April 24.]

 If this report is true – then the executions carry a high component of ‘hearsay’ based judgment. One who acts as per belief would not be concerned about who is looking. Duty would not wait for others. This indicates that the Indonesians are not confident that they are doing the right thing. Given that the penalty is one’s life itself – one needs to be sure that it is belief based and that it is by someone who has Spiritual Merit in this issue. Mere abstinence from pleasure of drugs and / or trading in drugs  does not render one the Spiritual Merit needed to impose death sentence on those who have wronged – even on someone who is a mortal sinner. One who is so punishing has to have earned Spiritual Merit / Belief that s/he is Divine in this regard.  Let’s see what Islam says about Capital Punishment.  I found two messages from the Quran by searching the internet :

...If anyone kills a person - unless it be for murder or for spreading mischief in the land - it would be as if he killed all people. And if anyone saves a life, it would be as if he saved the life of all people" (Qur'an 5:32)

….  "...Take not life, which God has made sacred, except by way of justice and law. Thus does He command you, so that you may learn wisdom" (6:151).

To my mind, the category under which drug traffickers are sentenced to Death – would fall under the following:

‘for spreading mischief in the land’.

This ‘mischief’ would vary in form as per time and place/land. But to qualify under this category – it must of such a nature that the victim/s have  died as a direct result of this action by  the perpetrator/s – not may die but have already died – as in murder. The measure is damage to the body resulting in  an eye for an eye. The victim could be an individual who is already dead and/or the killing of the brain of the Common citizen directly due this action of the Perpetrator. The action here was taking it to Australia from Bali. Indonesian authorities do not have jurisdiction over Australia. Hence on the basis of belief – only a Balinese Hindu has the authority to decide whether this qualifies as ‘mischief’ for Bali. No belief based punishment could be imposed on a non-Muslim by a Muslim in a country where religion is closely linked to the law. This includes Jihad / Holy war against those of a different belief.   A Holy war needs to be based on Common Belief. Our Belief is the real authority. No belief no authority. Once we believe we have eliminated the wrong – we are free of the crime. One is entitled to kill to defend life but that entitlement is only in one’s territory of belief.  This is one’s HOMELAND.  This homeland is by belief and not by law when it comes to the job of the Creator.

No human law can punish beyond the body (which includes the brain). The LAND is the land of the Authority concerned – the law enforcement officers; Judiciary and finally the President in this instance. Where the Land has been subdivided and there is a clear difference in the pathways of belief – which is Muslim land v Hindu land – then the happenings in Bali cannot be punished by Muslim leaders where one is taking on the role of God. Every Belief based action is as a messenger of God. Bali is Hindu and cannot fall under Muslim belief based laws.

In Sri Lanka, the Dutch honored the Customary laws of various cultures within Ceylon/Sri Lanka and hence Jaffna Tamils have Thesawalamai Law where the Common practice in other parts of the nation are different to the practices in Northern Ceylon/ Sri Lanka. Bali is the parallel of Jaffna and hence laws relating to drug issues – need to be based on Hindu belief as interpreted and expressed by Balinese. As per my interpretation – an official  has the duty to pardon and bless where an offender has demonstrated genuine repentance. Any residual weakness in the offender is then covered by the leader / monarch / president. Ultimately we must judge as per our belief.  Others can take us close to it but cannot do that for us. Hence one who uses the death penalty must believe that the perpetrator and the judge are One.

The matter being escalated to the Constitutional Court confirms the strength of belief that the legal team feels empowered by. Whatever happens on the outside – these two young men have earned their higher place in the Spiritual world of Belief. Each one of us who believes in their transformation are their true judges and they ours.

Finally, the Islamic law says ‘Justice and law’ – both must be present for one to take the life of another. Belief that one is upholding the Truth is the root of Justice. One who fails to believe would not deliver Justice – even if s/he were most knowledgeable in law. One without knowledge of law – but with strong belief is the higher judge. 

Gajalakshmi Paramasivam – 16 April  2015

How Sri Lanka Became Hindu through the war

There is active discussion amongst Sinhalese Diaspora about how ‘Sri Lanka won the war’. One who owns does not ‘see’ and one who sees does not ‘own’.  The former is the experiencer and the latter is the observer. Tamil LTTE leadership was eliminated just as Sinhalese JVP was. If one felt pain in this – it was an ownership decision.  If there was no pain – then it is not based on ownership. Effectively – Political Rebellion in Sri Lanka has become the parallel of drugs in Indonesia and the 2009 Sri Lankan deaths due to the actions of the Armed Forces  are the parallel of the death sentence that Australians are facing in Indonesia. Both are without belief that the other is a part of them.  Where there is high consciousness that the other side is a part of one with responsibility for the whole – there is no win or loss but just protection of the whole. One who ‘sees’ win therefore does not recognize the other side as part of the whole. It’s an alien force. Hence the claim of victory.

The Bali 9 matter is now being escalated to the Constitutional Court and this would contribute to prevention of  Indonesians accumulating negative karma as per the system of Truth. In terms of the Sri Lankan karma – where the People are consistently acting in breach of the Letter  of the Law - one needs to look at removing the Constitutional provisions that elevate the Government’s  authority. Article 9 of the Sri Lankan Constitution states:

Buddhism.

9. 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).

 The above mentioned claim – that ‘Sri Lanka won the war’ is in breach of the philosophy of Lord Buddha who resorted to renunciation and meditation to realize Absolute Governance /Nirvana. That is the parallel of Meditating Shiva in Hinduism.

But as per Hindu Philosophy – when God came to Earth as Rama and Krishna – Dharma / Righteousness was restored after open war against the Unrighteous rulers. In Mahabharatham – even the good on the side of the Unrighteous side were killed by the side Krishna was with – not as the apparent leader but as the Charioteer  – empowering the Righteous side. In addition – the Hindu Deity – Lord Muruga destroyed Unrighteous Soorapathman in war. There is no such example in Buddhism to endorse a war through weapons. Hence in effect – the leaders of Sri Lanka have used the Hindu pathway as the foremost law. Any Sri Lankan who claims victory over unrighteousness through armed-war is taking the Hindu pathway. When this is claimed by the leaders – it is the real provisions of the Constitution. Hence if religion is needed by Sri Lanka – article 9 should be re-written to confirm Hinduism as the foremost religion in Sri Lanka.

In the alternative all religions need to be expressly recognized at Equal level in the Sri Lankan Constitution.

One who uses religion for ulterior purpose would invoke negative karma through those who have invested deeply in that religion. The true fostering of Buddhism would render low status to Armed Forces for defence only and that too as a last resort. If Sri Lankan leaders had undertaken the path of Meditation and Education on the basis of Truth discovered through such Meditation – they would not have needed big investment in Armed Forces. Now that they have been elevated to the higher status – that automatically negates the value of Buddhism for every Sri Lankan claiming victory over another through armed war. Given the above provision in the Constitution – every Sri Lankan who claims victory through armed war is losing Constitutional Power to govern. Only those who resort to Meditation and Education would have the powers to work the Constitution with the blessings of Lord Buddha. 

 Gajalakshmi Paramasivam – 14 April  2015

I am Australian

Stopping the Boats

 Gajalakshmi Paramasivam – 14 April  2015

Today is the first day of New Year for Sinhalese and Tamils in Sri Lanka. The first one to wish me is a Sinhalese auto-rickshaw driver in Colombo. I believe that to him it was a way of sharing his feelings of appreciation with me. He did not need the law to tell him how to reconcile with a Tamil. Neither did I, to bless him.

I did not feel this oneness with some young Tamils who have applied for Refugee / Asylum status here in Australia – and who recently  presented their difficulties to Australian politicians. I did not feel that a couple of them  were genuinely in need of refuge  - even though they may think they are genuine applicants.

I believe that given that I BELIEVE I am Australian, my identity with the Truth of the applicant is the real assessment of her/his eligibility to become Australian. This is natural recruitment towards global community.  This identity with Truth is the highest and most reliable assessment of all.  Truth is Universal and hence this common identity is the empowerment of immigration laws. Such recruitment would strengthen both nations.  

One Tamil speaker referred to the gift of Navy Boats by the Australian Government to the Sri Lankan Government as a quid pro quo for stopping the refugee boats. In Australian Government’s shoes I also would not want ineligible refugees coming into Australia. How does an Australian immigration officer measure the eligibility of an applicant from rural Sri Lanka?

Often the cases are structured to suit the Australian Administrative and Judicial structure by specialist groups and finally through lawyers. The above ‘deal’ between the two Heads of Governments confirms that all of these groups have failed to keep the immigration route strong and reliable. The Tamil Community in Australia is one such group over whom I believe I have direct influence through common culture. The way I believe I am Australian, I believe I am Tamil and I believe I am Sri Lankan. These groups are all pathways through whom I travelled to realize self-governance. Ultimately the real experience has no form.

Mention was made of the high esteem that the First Singapore Prime Minister – the Hon Lee Kuan Yew had for Tamils.  The Singapore Prime Minister must have learnt this through Singaporean Tamils and their contribution to development of Singapore. Since to Mr. Lee Kuan Yew – he was Singapore – he was able to identify with the high value of Tamil contribution to Singapore and recognize it officially and beyond. That is healthy for Singapore. Likewise any Australian to whom s/he and the nation are One.

The best contribution we Australian Tamils can make to Sri Lankan Tamils continuing to reside in Sri Lanka – is to believe we are Australians and we are Tamils. Each one of us needs to pay our Royalties to both groups in Common or Equally to be healthy contributors to global values. Our status as citizens  should not be taken from one and ‘given’ to the other through clever presentation. Australians – with or without official portfolios must pass the matter through their feelings of ownership before subjectively certifying an applicant as being eligible. Those with official portfolios contribute to the Structure of the immigration system. Those without portfolios contribute to the empowering life of the immigration system.

How the Truth comes out naturally is illustrated as follows: Today, a member of a Sinhalese Diaspora group wrote when participating in discussions under the topic ‘How Sri Lanka won the war’ – about the current Prime Minister the Hon Ranil Wickremesinghe and the immediate past President of Sri Lanka – Mr. Mahinda Rajapaksa (MR) :

[Ranil was a stupid puppet in 2002 and MR was stupid idiot after May 2009. This is the truth]

I responded to this as follows:

[That is an expression of opinion. For it to be Truth – the person ought to have had the experience in that position. If   XY  did have the experience (in his mind) then he is saying ‘I am a stupid puppet and a stupid idiot’]

This would be useful in identifying with the experience of applicants seeking refuge in Australia.

Applicant 1

Out of the three young Tamil applicants who presented their cases at a recent community meeting – one was honest /transparent and said he was looking for economic opportunities. To my mind, that is a valid reason to seek refuge provided his EARNED opportunities of considerable value (money plus human)  were blocked directly due to the war and/or racial discrimination. Elimination of Racial Discrimination is a global policy and hence one who believes that considerable loss happened due to racial discrimination which is believed to be the root cause of the war – by both sides – is a valid reason for refuge by someone to whom economic self-sufficiency is a fundamental value in life. Most Jaffna Tamils of my generation qualify under this category. Hence they and those who believe in them would make good and reliable contributors to Australian economy. Economic value and Human value cannot be rigidly separated in the case of working class.

Applicant 2

The second  applicant  kept talking about how the war had gone on for years and years and that here in Australia they (his group) were proving how clever they were at playing cricket and yet in Sri Lanka – they would not have had those opportunities. I could not identify with this – given that I travel to Sri Lanka and stay with disenfranchised groups to know their real needs through shared living. They do have the opportunity to participate regionally and nationally as local groups and they do play regularly at those levels.  Whether they would get the opportunity to be part of the National team – is highly doubtful. But as I pointed to some young leaders after the meeting – I did not believe that a Tamil would find it easy to be part of the Australian National Cricket team. Forming local groups to develop our skills and realizing the experience of the game for itself is natural devolution.  After I was punished for trying to contribute to the highest level of Administration in Australia – I identified with the limitations of Racial Equality in Australia – and hence used my  contribution to professional structures and systems – to structure systems in a small village in Northern Sri Lanka. It was duty to fight to include my work in the national team managing Australia. Where this was blocked – I was free to share it with others – especially those others close to my birthplace who lost the leadership of my generation due to emigration. Through those systems – I settle  the debt owed by Australians who abandoned these home groups once they physically left Sri Lanka.

Applicant 3

The third applicant  complained that lawyers were charging excessively.  If he relies on lawyers – that means he does not believe in the Australian Immigration  system nor in Tamils who believe they are Australians.  I wanted to go back to Sri Lanka in 1998 and later in 2006. But my belief in Australia through my life as an Australian kept me back.

Our Truth is the real power  which works independent of our body and intellect. Those through whom we identify this Truth are our real family. Where this is strong – it brings the Human Resources we have earned and the money we need at the times of our need. That is a Universal network which transcends body and mind.

If I were the Immigration Officer – I would have knocked back the latter two Applicants and considered only the first one – for temporary residence visa of one form or the other – but one that allows him to do paid work.  Such an applicant would add value to Australia’s economic independence.

The latter two were using ‘Rights based’ approach – as if they were global citizens. But neither demonstrated investment in global principles and values to self-assess and know that they were eligible to claim refuge outside Sri Lanka.

Refugee applicants taking the ‘Rights based’ approach need to communicate their cases to the UN and not to Australian Politicians. Those hearing the case need not be UN officials but they need to be practicing UN laws, principles and values in regular life.

Those presenting their case as it happened – as per their experience back in Sri Lanka and leaving it to Australians to apply the relevant laws and make the decision are eligible on the basis of experience.   But their presentation must not be indiscriminately mixed with policy as they understand it. They are the ones who qualify  to be assessed by Australians – especially through the Australian Political system.

Using our common resources equally on all applicants is likely to bring about negative value to Australia.  One who believes in an Australian would not demand as per law – especially International law adopted by Australia. Even if an applicant did not technically qualify – a believer becomes eligible through her/his belief in an Australian. Often Community leaders become bridges between Australian Officials and Refugee Applicants for this reason. They need to be Equally committed to Australia and the Community they are part of – to be reliable bridges.

I identified with the falsity of the two above mentioned due to my BELIEF as an Australian as well as Sri Lankan. There is also policy facility through which one could reliably  assess  whether an applicant is genuine or not. When an applicant starts ‘demanding’ as per Rights – it means s/he is taking advantage of the common events that happened and not those that were particular to her/him. Where such demands are based on her/his observation of those around her/him in the community – then the applicant needs to be assessed by an Australian mind – on the basis of whether s/he would benefit Australia’s status in the Global Community.

The common events which caused deep damage to human values of  a particular person do render the person who experienced them, to live in another part of the world – on the natural value that the world is One. Such a person would keep expressing through her / his experience particular and not through the general state of affairs. It is important that we – the Community Leaders – ‘educate’ refugee applicants and would-be refugee applicants – so that there are no ‘Rights based’ expectations as per the interpretation of young ones who are yet to experience ownership and therefore  ‘Citizenship Rights’ in any country.

Where an applicant who has invested in Global Governance uses the ‘Rights Method’ the Australian Government has the responsibility to allocate a Global minded Australian Officer to evaluable that applicant and/or accept the assessment of the appropriate UN agency as reliable. The Common Events are likely to affect  the mind of a person with investment in Global Governance much more strongly than one who is yet to invest in Global Governance.

The Sri Lankan Government has reopened Dual Citizenship pathway for those of Sri Lankan origin,  living in other countries. The question we need to ask – for the sake of applicants as well as the government are :

1.      whether those who renounced Sri Lankan citizenship because they could not live there – are eligible to apply again for citizenship?

2.      If yes, should there be a time based criterion? i.e. whether Sri Lanka should be open to issue of visitor visa to such applicants within a short period  after they apply for refuge in another country? 

Often applicants think they are eligible for refugee status under global principles as interpreted by those physically close to them. Governments have to accept such shortcomings – where they are genuinely held beliefs. But it is also the responsibility of both governments to ensure that the applicants become global before they are entitled to move back and forth. One who has had a deeply painful  humanitarian experience in Sri Lanka would not want to return there for some time. Sri Lanka would be a mental prison for such a person. One who does return to Sri Lanka after such traumatic experience would accept Sri Lanka also as a Home Nation -  so for better or for worse and shares strong governance values with both nations. Those who sacrifice and struggle for independence are the true Governance Power in any area they call their Home.

When would-be applicants are educated about this – the boats would be fewer and fewer. That is the way Truth achieves beyond human Law. We all have Saint and Satan within ourselves. They both work instantaneously – at  Lightening speed. One in whom the Saint is stronger than the Satan  – becomes a self-governing person and one in whom the Satan is stronger than the Saint becomes a Terrorist. 

Gajalakshmi Paramasivam – 13 April  2015

Metropolitan Museum of Art, NYC. Shiva as Lord of Dance (Nataraja), Chola period (880-1279), ca. 11th century Tamil Nadu, India Copper alloy; H. 26 7/8 in. (68.3 cm); Diam. 22 1/4 in. (56.5 cm) Gift of R. H. Ellsworth Ltd., in honor of Susan Dillon, 1987 (1987.80.1)

Drug Smuggling v Human Smuggling

The article in The Australian ‘Bali Nine members living in death’s shadow’  confirms further details of how Australian Federal Police (AFP) failed to protect fellow Australians from excessive punishment. Yesterday, after attending a discussion on ‘Asylum in Australia: Politics, the Law and the People’ I was disturbed by the ‘attitude’ demonstrated by a couple of young Asylum applicants who were claiming entitlements as per their  ‘thought’ that they had the right to facilities – especially legal facilities. The AFP ‘thought’ they were right and as per published reports they still think they are right. Likewise the Refugee Applicants from Sri Lanka. How do we ordinary Australians promote such ‘thoughts’ in our society? Are these thoughts valid and if yes, what are their effects?

As per report in The Australian:

[“I’m very bitter about the fact that these kids were imprisoned in Bali rather than Australia,’’ says Michael Czugaj’s mother, Vicki. Czugaj, 29, serving a life term in Kerobokan, has struggled with ­depression and other ailments.

 “If they were in Australia their lives would more than likely be back to normal by now. They all know they did wrong, but to pay with their lives is horrendous.’’]

The mothers of some of the Asylum seekers from Sri Lanka would say likewise about their children who suffer similar consequences – especially when they come by boat.  I kept thinking about one who quit the position of trainee as arranged by our group  – and came to Australia by boat – only to idle and he ended up witnessing a murder – in which  one refugee applicant killed another. This has caused severe bouts of anxiety and depression in this young Sri Lankan. They are also in mental prison.  This article is about which ‘prison’ is more damaging – mental or physical?

As per the report on the Bali 9:

[Stephens, a former bartender from Wollongong, says the pending executions remove all hope of freedom or redemption.

He voiced his desperation in a recent letter to The Australian:

“It is more humane to just take me out the back and shoot me like ­Andrew and Myuran.’’]

Our detention centers have recorded similar experiences.

In both instances law enforcement agencies have been involved in the outcomes. If we lose consciousness of who – every law must have a right and its equal opposite – a wrong. Where there are outcomes – that lead to an examination through the application of law/s a balanced judgment would need to make the connection between cost and benefit / cause and effect through the one outcome. Where this link is not made – the law is likely to damage the very people in whose name they are made.

As per the Australian report:

[Sydney-sider Chen, who shared a cell with Sukumaran, also shared his first art exhibition in 2010.

Chen displayed the fruits of his silversmithing — filigreed jewellery selling under the label Mule Jewels. The committed Taoist has carved out a niche in Kerobokan teaching inmates his skills and ­designing jewellery reflecting Taoist themes. Last year, he told Norwegian academic Ivar Schou that his craft ­represented escape: “Maybe my body is in prison, but my mind is not.”]

That brought to my mind – the philosophy underpinning Dancing Shiva which philosophy was included in the book ‘Tao of Physics’ by physicist Fritjof Capra. As per my understanding of Shiva philosophy in Hinduism – one can either be an Observer or an Experiencer at any one time. One cannot be both at the same time. In Hinduism this is depicted by Meditating Shiva and Dancing Shiva respectively. Dancing Shiva is about the Experience of work when one does not see the cost and benefits. Meditating Shiva personifies the still mind of a still body – which facilitates is blind to itself but sees all other bodies/outcomes in a matter.  This is the parallel of  Blindfolded Lady Justice.  In terms of the issue before us – the law enforcers need to be observers and not produce their own outcomes. The litigants on the other hand – must keep working without pausing to observe. The two would then merge as One. Beyond the Mind and the Body. We recognize this as feelings.

 The personification of Time under the Right foot of Lord Shiva is known as Kaalan in Tamil. Time keeps moving and hence we cannot ‘see’ time.  We know about time through the effects. Hence if we keep working – we do not ‘see’ death. We transcend the visible outcomes of our work and have the eternal/absolute  experience. This believer Chen of Sydney, is thus connected to the mind of Tao,  which helps him transcend his physical environment. This cannot happen without Chen having balanced the negative forces in his mind. The higher plane is possible only where there is  net positive force.

By killing the body that represents that mind, those who cause that killing would manifest / give  birth to a new negative force – either in their form or in the form of a new life closely connected to them. That is how Truth shows the ‘ownership’ to the still mind. It is therefore the Duty of Truth to manifest that negative mind close to the physical environment that earned it. The sanctity of  a place is the net positive forces at that point.  In this instance – the AFP and the Indonesian Legal authorities who applied the letter of law for their personal benefits – would be the ones to carry that mind at the primary level.  All heads of Governments who turned a blind eye to the death of the old and the birth of the new despite having the power to use discretion to improve the mind/s they have influence over – would also carry those minds as negative forces at policy level – for example human smuggling in the case of both nations involved.

As per the report in The Australian:

[New guidelines for the AFP in cases involving the death penalty were introduced in 2009 after the federal court ruled the AFP had acted lawfully in the Bali Nine case.

The AFP can still provide a tip-off without government approval to foreign police about Australians who could commit a capital ­offence, though it must consider their age, personal circumstances and potential risks.

“The AFP guidelines on international police-to-police assistance in death penalty situations need to be changed urgently,’’ Welfare says.

“The discretion to provide ­information to police forces of ­foreign countries which carry the death penalty before any Australian citizen is detained, arrested or charged needs to be made by the attorney-general, subject to the same criteria that is now exercised by senior AFP management. It is too late for the minister to be ­informed after an Australian citizen is arrested and facing the death penalty because it is then beyond control. Once arrested, the Bali Nine were subject to the sovereignty of Indonesia.”

For 10 years, Australians have followed the lives of the hapless nine. A decade down the track, how are they coping?]

How are we coping?  We feel that the law is empowering the Law enforcement agencies to profit in our name. In criminal matters – the cost as well as the benefit must come to the People in Common. We are expecting Indonesian Judicial system to review their decision but we have not reviewed our own! When an Australian we feel connected to feels powerless – we feel powerless. The only way out is to transcend the human system and work the higher system by immersing ourselves in prayers and work – meditation and dance. The former helps us realize that we are One Globe entitled to One Law as per our Truth. We then do not see anything less as an outcome but just that manifestation of the mind.   The latter helps us have the Experience of  the forces in the body - without seeing the outcomes of our own work and/or those of others. One is zero mind – as in no moon and the other  is full mind as in full moon. One is a continuation of the other as birth is a continuation of death.

As per the amendments to ‘interpreting’ the law we see the following amendments:

AFP National Guideline on international police-to-police assistance in death penalty situations

……..

7. Policy for cooperation with foreign law enforcement agencies

On 29 January 2009, the Attorney-General approved a range of measures to strengthen current policy governing international crime cooperation in death penalty cases.

Assistance before detention, arrest, charge or conviction

The AFP is required to consider relevant factors before providing information to foreign law enforcement agencies if it is aware the provision of information is likely to result in the prosecution of an identified person for an offence carrying the death penalty.

Senior AFP management (Manager /SES-level 1 and above) must consider prescribed factors before approving provision of assistance in matters with possible death penalty implications, including:

 · the purpose of providing the information and the reliability of that information

 · the seriousness of the suspected criminal activity

 · the nationality, age and personal circumstances of the person involved

· the potential risks to the person, and other persons, in providing or not providing the information

· Australia’s interest in promoting and securing cooperation from overseas agencies in combatting crime

· the degree of risk to the person in providing the information, including the likelihood the death penalty will be imposed.

The above confirm the lack of commitment by Australian Government to lifting the relevant Law and Guidelines to the global level.  Once we are dealing with international agencies – we need to deliver independent outcomes as per the Spirit of the  law. As per my experience with Australian Police – even our Ministers are reluctant to change rulings made by lower officers – where the person charged seems insignificant. In the case of Bali 9 - the Federal Courts have upheld the decision made by AFP to be lawful and they would continue to do so – irrespective of whether the decision is made by a senior officer or a junior officer. We need to be true to ourselves and admit that WE placed credits for the AFP before the welfare of the People – as represented by a self-governing person – the father of Scott Rush. As per the report in The Australian:

[Brisbane courier Scott Rush, 29, found himself at the centre of the storm after his father Lee asked a lawyer and family friend, Robert Myers, to contact the AFP to stop Scott going to Bali. Lee had feared his son was involved in a drug-smuggling plot.

Instead, on April 8, the day Rush flew out of Australia, the AFP sent a letter to the Indonesian National Police alerting them to the Australians’ heroin operation. A second detailed letter sent days later sealed their fate.

Says Myers of the pending executions: “The government … won’t condemn the AFP. There is nothing clearer than they (the AFP) did the wrong thing.

“We cannot sacrifice an Australian citizen for whatever bloody cause.

“They acted like a mob of cowboys; they had no authority. One of the real crimes was they did not take the investigation further.”  The masterminds remain a mystery.]

The rule as per Natural Law of Truth is that one has to do the work to own the outcome and/or make the sacrifice and forego  equal or higher status and show respect for the person who did the work. The Government  does not have the authority to use the outcomes of the work of a citizen – without the approval of the citizen. Our privacy laws become a mockery without this discipline by law enforcement agencies. It’s like law enforcement agencies having a free license to enter our homes anytime they sought to do so.  If Scott’s father did the work and made the sacrifice to inform AFP – the AFP should have acted as Mr. Scott’s Police and not taken up a mandate on their own unless another Australian was in greater need of protection at that time in that matter.  Here it was Scott’s father who was entitled to the service of the AFP – as if they were his medium for upholding law and order.  Instead the AFP and the Indonesian Authorities shared that Authority to hurt us – Australians – especially self-governing Australians. AFP had the duty to be the Observer and NOT the participant. They and the Indonesian officers who accepted the information stolen from the Australian Public are the ones to be punished for the excessive suffering by the Bali 9 and their families and for the loss of self confidence in the minds of Australians in whose name that Authority is continuing to be shared.

The above changes requiring the approval of SES Manager 1 or above – need to be measured against our expectations that the President of  Indonesia should use his discretionary powers in our favor.  At the Observed level -  we are equating the SES Manager 1 to the Indonesian President.

The way a junior officer would interpret the law would be different to the way a senior officer would interpret the same law. The former’s would be close to the letter of the law and the latter’s would be close to the spirit of the law and therefore comes with the powers of those who discovered that law.  The higher the person’s thought structure the wider the coverage of  groups served by the decision. Hence any International Decision needs to be the responsibility of the one closest to the Spirit of the Law. If we do not have such an officer – then we must ‘wait’ until we can observe the offence locally and apply the letter of the law.

When I was arrested for Peaceful Assembly at the University of New South Wales – the arresting officers used the ‘effects’ based method and not the ‘Rights’ method – except that the effects were in their own minds and not as observed physically.  The mind-effects were the picture that the senior Management of   the University did not like me because I was considered a nuisance. The legislation in whose name I was arrested was Inclosed Lands Protection Act 1901.   None of  them understood the legislation they used not did they apply the wording accurately. Accuracy is essential where action is taken as per the rule. Even today – they would do likewise even though that  know that their arrest  is not lawful. Even now, the Courts would turn a blind eye to that illegal arrest.

If their actions were ‘Right’ as per the LAW – then every person who enters the University of NSW without the prior approval of an officer of the University – is Trespassing.  The Courts upheld the actions of the Police – just as the Indonesian Legal system has in relation to the Bali 9.  

Death to the body is far less damaging than living with depression.  It is my belief in God that lifted me up from  my emotional trauma and helped me to listen to my inner Truth through my work.  By doing this I have developed my own inner Justice system and all else becomes temporary to complete the picture for others needing physical confirmations of their work and sacrifices.

I believe that my mind is now naturally  supporting other genuine victims of the excessive forces of legal systems. As an active participant, I help them follow Due Processes as per their official systems in their respective environments and then submit their Truth to the Lord which helps us accept the Natural outcomes. I recognize the power of my own work of the past manifesting through those who are currently active in that system. This I believe is how Natural systems develop to support the self-governing person.   Where the victim believes in me and I have credits in relation to that issue – we make up a natural team. Then we would recognize the pathways shown by the Lord and travel along that pathway together.  Where we hold common beliefs – we may not know each other and yet we would travel together to produce common outcomes through the system of Truth.  There is no death for such partnerships. Like Public Limited Liability companies – they are eternal through their core purpose – which in this instance is to realize that we are all part of One. 

Using Australian work to pass on information without the authority of the Australian - to Indonesia is -  Human Smuggling which has already happened.  The drugs that the Bali 9 carried – did not reach the destination and therefore there was NO SMUGGLING observed at the physical level. The Indonesian Government never had the authority to punish for Smuggling.  It had the authority to punish only for possession of dangerous goods at that place. In this instance the just punishment is to remove those dangerous goods and use their visa system to prevent those concerned from entering Indonesia for stipulated period or for all times. In other words – they are dead as far as Indonesia is concerned. That kind of respect for others’ territory would invoke Divine Powers to protect Indonesian minds from getting damaged by unauthorized/stolen  knowledge. The value of the mind is higher than that of the body. Killing the body when the mind could be cured – is murder. 

Gajalakshmi Paramasivam – 12 April  2015

Sri Lankan Constitution & Australian Refugee Policy

The 19^th Amendment to Sri Lankan Constitution is due to go through Parliament. As per news report:

[Speaking in Polonnaruwa, President Sirisena said that this would help to bring clarity to what is seen as a confused political situation that prevails in the country today.]

The confusion is not only about  political rights but also about religious rights. My quick perusal of the draft did not take me to any repeal of religion related provisions already in the Constitution as follows:

Buddhism.

9. 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).

Freedom of thought, conscience and religion.

10. Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice.

14. (1) Every citizen is entitled to -

 (e) the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice or teaching;

The above wording – through which Buddhism is given foremost place, confirms that where a wrong has happened or right has to be endorsed and belief is used to judge and there is a Buddhist participant – that Buddhist  becomes the foremost judge. The Supreme Court Judgment in relation to the 19^th Amendment to the Constitution ought to have therefore been led by a Buddhist in the panel of Judges – comprising Chief Justice K Sripavan and Justices Chandra Ekanayake and Priyasath Dep. From the name and the fact that Mr. Sripavan studied at Jaffna Hindu College,  I conclude that Chief Justice Sripavan is NOT a Buddhist. If either of the other two is – then as per Article 9 of the Constitution – that Buddhist Judge ought to have led the ruling where belief based discretionary powers were used in place of Letter of the Law. Hence even though by title Chief Justice Sripavan is the leading Judge – in belief – it is the Buddhist judge who would be his senior to deliver judgment. The Buddhist Judge within this panel of three ought to have facilitated the expressions of belief by the non-Buddhist. The other alternative would have been for none of the judges to be Buddhists in areas where belief based ruling is made.

The Spirit of the Law as opposed to the Letter of the Law upholds the Truth through which the law was originally established. If the endorsement of the Supreme Court was therefore led by Justice Sripavan – then it has to be strictly within the letter of the law through which the judgement was delivered. This delivers the intent of the original proposers – the JHU – party of Buddhist monks. The original architect of the Sri Lankan Constitution 1978 - was Mr. J R Jayawardene.

 According to report by Pani Wijesiriwardena:

“In 1978, the UNP government of former President J. R. Jayawardene rewrote the constitution, crowning it with the executive presidential system with broad autocratic powers. Jayawardene boasted that the “only thing the president cannot do is to change a man into a woman and vice versa.”

It is interesting as to how the weaknesses of leaders continue to plague their groups long after they cease to be leaders.  This kind of damage happens where the Spirit of the Constitution is overridden by the Letter of the Constitution. That confirms that votes override governance.

Mr. Jayawardene belonged to the UNP which is the most vulnerable group affected by the Rajapaksa excesses – leading to formation of Common Opposition followed by Common Government. The 19^th Amendment by its wording is striving to put back some order to this mess created by Mr. Jayawardene. But it continues to fall well short of the Spirit required to hold the Country together. Where there is a law which empowers those in government and citizens who practice those laws – knowingly or otherwise – are denied the exercise of the same value powers as the government at their respective levels – that law becomes a dividing law due to the indebtedness of the government which failed to protect the rights of practitioners.

The recent report of the investigation into Sri Lankan Airlines – initiated by the Prime Minister - the Hon Ranil Wickremesinghe – of that  United National Party (UNP) – seems to have targeted the Brother in law of the former President – Mr. Mahinda Rajapaksa. This appointment is an extension of the ‘family’ system of governance by the former Regime which claims victory over Tamil rebels – the LTTE.   The Board of Inquiry (BoI) report as a result of  the above investigation confirms the special interest in this appointment and rightly so – as such appointment is in breach of the Spirit of an independent Public Limited Liability Company. One of the areas covered by the BoI is the appointment of GSA (General Sales Agent)  in Australia.  Was this due to the Regime of Mahinda Rajapaksa or due to the influence of  Mr. Jayawardene whose son was a pilot and even though the son led a private life – the  parent in Mr. Jayawardene was planning a future for his son – just as Mr. Mahinda Rajapaksa did for his sons? Did Mr. Rajapakasa inherit the genes of Mr. Jayawardene through the Constitution that elevated the President to the level of  a Monarch?

When one develops a system on personal sacrifice the spirit of the system continues to live beyond the current period. Where one claims credit for a system which is structured  on the basis of personal desires – the system carries negative spirit beyond the current period. Usually – such decisions would be ‘effects’ based. Mr Jayawardene’s in relation to the Constitution as well as the National Airline – were  effects based and therefore of low class whereas Singapore’s first Prime Minister Mr. Lee Kuan Yew’s was sacrifice based and therefore is a positive spirit beyond an individual’s current lifetime. Mr. Lee Kuan Yew is reported to have stated:

[I did not visit Ceylon for many years, not until I had met their newly elected President Junius Richard Jeyewardene in 1978 at a CHOGM Conference in Sydney. In 1972 Prime Minister Sirimavo Bandaranaike had already changed the country's name, Ceylon, to Sri Lanka, and made it a republic. The changes did not improve the fortunes of the country. Its tea is still sold as 'Ceylon' tea.
Like Solomon Bandaranaike, Jayewardene was born a Christian, converted to Buddhism and embraced nativism to identify himself with the people. In his 70-odd years, he had been through the ups and downs of politics, more downs than ups, and become philosophical in his acceptance of lowered targets. He wanted to move away from Sri Lanka's socialist policies that had bankrupted it. After meeting me in Sydney, he came to Singapore, he said, to involve us in its development. I was impressed by his practical approach and was persuaded to visit Sri Lanka in April 1978. He said he would offer autonomy to the Tamils. I did not realize that he could not give way on the supremacy of the Sinhalese over the Tamils, which was to lead to civil war in 1983 and destroy any hope of a prosperous Sri Lanka for many years, if not generations.
He had some weaknesses. He wanted to start an airline because he believed it was a symbol of progress.

Singapore Airlines
Singapore Airlines employed a good Sri Lankan captain. Would I release him? Of course, but how could an airline pilot run an airline? He wanted Singapore Airlines to help. We did. I advised him that an airline should not be his priority because it required too many talented and good administrators to get an airline off the ground when he needed them for irrigation, agriculture, housing, industrial promotion and development, and so many other projects. An airline was a glamour project, not of great value for developing Sri Lanka. But he insisted. So we helped him launch it in six months, seconding 80 of Singapore Airlines' staff for periods from three months to two years, helping them through our worldwide sales representation, setting up overseas offices, training staff, developing training centres and so on. But there was no sound top management. When the pilot, now chairman of the new airline, decided to buy two second-hand aircraft against our advice, we decided to withdraw. Faced with a five-fold expansion of capacity, negative cash flow, lack of trained staff, unreliable services and insufficient passengers, it was bound to fail. And it did.]

One needs to make sacrifices of earned benefits to contribute to ‘systems’ that respond to all on equal footing. Today, at a Tamil Community meeting about ‘Asylum in Australia: Politics, the Law and the People’ I raised this issue of  separating the ‘Rights’ based claim from Experience based claim’.  During  discussions after the main meeting – a young participant stated I was wrong in saying that the claimants did not always have ‘Rights’. Young ones lead through Principles and Rights rather than through experience. I explained that the right to claim asylum came through the law and/or through the Truth as experienced by that person. I said as Australians we had rights as per laws that Australia has adopted. But those who were yet to become Australians were covered by UN laws and certifications or based on their Truth they needed to submit to the kindness of Australians to assess them  and structure them through the appropriate laws empowering Australians to act on behalf of the Nation – for example – through family reunion etc. Often applicants are ‘effects driven’ and hence assume rights directly.  When they are successful due to special influence through Community – it upsets the Balance of Truth in that those who suffered more than these applicants but do not have the means to get to Australia – would enjoy lesser rights. The way to balance that system is for refugee applicants who come through the backdoor to endure more pain by ‘waiting’ instead of pushing – and/or to share their earnings subsequent to obtaining long terms visas – to help other known victims back in Sri Lanka. That is what we become the government that we expect others to be.

Whether it is for the purpose of Constitution or for the purpose of refuge in another country  - those driven by ‘effects’ must use their personal experience and no more. One of the  Politicians present at today’s meeting asked whether these applicants were aware as to the possible failure outcomes ?  I believe that the response to that is they do not know and often because they do not want to know. Those who depend on Community power – need to first pay their respects to the Community elders to have a share in their entitlement. Otherwise – like the Sri Lankan Constitution – the Australian Asylum Policy also would produce a mess.