Thursday 4 December 2014

Democracy in Peril –  In Australia or In Sri Lanka?

I remember reading the book ‘Democracy in Peril’ by Dr. Patricia Hyndman – then Senior lecturer in  law – at the University of New South Wales. The report was published under the banner of LAWASIA Human Rights Committee – an organization of international law experts.  The book is based primarily on  the Communal Violence in Sri Lankan in 1983. As per my recollection, I read the book in 1985. In 1998 – I had the first-hand experience  about the same Democracy being in Peril at the University of New South Wales. That University sent the above armed officers to break open our front door and remove family assets to settle the fees of lawyers hired to defeat me – a lay litigant in Court. (Naan Australian - Chapter 6 – The Reality Outside) .

After publishing my article ‘Horoscopes & Politicians (, during discussions with a young Australian lawyer – I stated that during my social-counseling work I had said to a client that  a wife separating from her husband was entitled to half share of wealth accumulated after marriage.  To my mind, the young Australian lawyer who as per my knowledge is my junior in terms of  the position I had earned as a professional (– albeit one ‘Made in Sri Lanka’ –) was trying  to tell me off. It’s a relative position – where I was the junior.   I rejected such telling  and stated that the young lawyer did not have authority over me to ‘tell’ me. I stated that that which is ‘common’ divides into equal parts – so that each part would carry the commonness of Sovereignty. I said I consolidate and make common - all the time in family and work environments and hence did not have to go to Courts for settlement of disputes. I would go to endorse the stamp of the custodians of power of the legal system out of respect for my own investment in that system. The University of NSW that failed to have such strong enough  ‘common powers’ ended up sending armed forces to justify their ‘telling’ despite listing me as a Sri Lankan through the Police who arrested me. If I am Sri Lankan as per their interpretation – then the first rule was to treat me as an Equal person to themselves until known otherwise through application of common rules and laws. Hence if I said I was Australian – they had the duty to write down that I was Australian until proven otherwise. Likewise if I had said I was Aborigine.  If to them I was Australian – then they did have that subjective power over me in their territory until known otherwise through application of common rules and laws by a higher authority. By listing me as Sri Lankan in some places and Indian in others – they were entering International waters.

Australians with current positions often ‘tell’ someone who seems lacking in position status. The Police ‘told me’ that I was Sri Lankan.  The above armed officers even broke into my home – to tell me through their actions – what the consequences would be if I rebelled against authority – even though it was proven to be not unlawful.   Despite the Supreme Court of New South Wales recording that ‘I would not be told’ – many Australians keep ‘telling’ me. This happens due to weakness in practice of  the Doctrine of Separation of Powers between two cultures. The same law is likely to be interpreted differently by two cultural minds.

The current investigations by the UN,  into the Sri Lankan war activities are further extensions of the above book by Dr. Hyndman.  The former comes  with the ‘Made in America’ label. As per my discovery – neither has the strength of Truth that would be the basis of Sri Lanka’s solution, which would apply also to others around the world with similar need.

Was Sri Lanka or for that matter Australia – ever democratic in its natural Administration?  Should Sri Lanka be copying Australia in terms of democracy? Knowledge for which we have not paid the due price is copied knowledge. Intelligence handed out is effectively copied knowledge. Like in marriage – one could be natural through Love or one has to bind oneself by the structures  common to both sides. In terms of Country – Sovereignty is the ultimate goal. One could be natural and where one is not – one needs to have a position through which to ‘tell’.

The positions of Human Rights organizations are often based on general powers through the UN. According to  ‘youtube clip’  at ‘
the ethnic problem in Sri Lanka has been going on for 100 years. As per that clip there are more than one million Sri Lankan Tamil refugees living outside Sri Lanka. Given that the ethnic issue has been the reason why Sri Lanka has been censured by the UN – one needs to probe through that issue.

The nomination by the Political opposition to contest against President Rajapaksa in the 2015 elections, a person who once was part of the JVP  Sinhala Rebel movement needs to be analyzed carefully so we would not jump from the frying pain into the fire. One needs to check whether the UN’s charges against the LTTE – apply in common to Mr. Mathirpala Sirisena also. His parallel for Tamils is Mr. Douglas Devananda. Tamils elected Mr. Vigneswaran to lead the Tamil Community. This is a clear break away from the LTTE. If Mr. Sirisena were elected, one would conclude that  the Sinhala Community continues to elect as their leaders those with rebel genes. To his credit – Mr. Mahinda Rajapaksa was never part of  the JVP. He practiced law when he was not actively practicing politics. Hence he carries the genes of lawyer. Our rights and wrongs when we come beyond the environment in which they are right and wrong – are carried by our genes. They are the Balance Sheets of the consolidated positions of our past lives. Like prior years’ transactions in Accounting – they should not be activated through current activities nor measured through current laws and rules. Likewise when we emigrate from one country to another.

An Australian interpreting Sri Lankan activities is also mentally emigrating. Dr. Hyndman – a law expert - failed to use the Doctrine of Separation  between the two cultures – when interpreting Sri Lankan war activities. This is also a risk with the UN strongly influenced by Americans  with high positions. The orders of thoughts are different in different cultures. Within different cultures they are different as per the needs of  sub groups – based on gender, age and disability. The order happens as per the regular work we perform – as in the caste system that prevailed in Sri Lanka for all the right reasons.  Those of us who specialize in particular type of work – find that work fulfilling. If we have to come into another general area for no reason – it is difficult for us to rearrange our order of thought to suit the new activity – unless we are motivated by quick outcomes. The Business Unit approach that the West moves towards in Public Service suits General Practitioners. It works against Specialists.  Sri Lankans are specialists – due to proportionately higher Human Resources and therefore subjective powers  relative to Australia. Hence Democracy would look different in Australia to what it looks like in Sri Lanka.

There is a saying in Tamil : Siru Pillai Vellaamai Veedu Vandhu Seraathu – (  -  the crop of the young would not ‘come home’.  Instead the young come home to roost. This is often used in relation to the failure of LTTE to deliver as they promised. If Sinhalese vote for an ex rebel – the Born Again Tamil Tiger  – would picture  a better chance of delivering.

Do  Tamils want such lower level order of thought to override the higher order of thought that we claim we inherited from our ancestors? To the mind that sees the ethnic problem as an inheritance of 100 years – there would be no solution under the Sri Lankan banner. Hence such minds demand Separation. The lower the order of thought the higher the risk of Separation.

The past needs to be recognized only through assets and liabilities – virtues and sins and not activated as expenses and income during current period.  By nominating Mr. Sirisena who has failed to demonstrate strong achievement as a Democratic leader  the UNP is invoking the JVP genes with which the LTTE genes would form natural coalitions of the mind. The hundred year claim – by Tamils if accepted and empowered would do likewise in reverse order. 

If as claimed in the above ‘youtube’ clip – Tamils living outside continue to suffer as refugees – then even Democracy would not ‘cure’ us.

Knowledge of outcomes through a subjective system, assessed through laws and rules of Democracy has the effect of stolen knowledge / plagiarism. Like stolen cheques and like stolen information of Wikileaks – stolen knowledge and status by one country about another - would continue to produce lower level outcomes that would keep coming home to roost.

Gajalakshmi Paramasivam – 03 December 2014

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