Tuesday 31 March 2015

Gajalakshmi Paramasivam – 31  March  2015

Election Promises and Clemency

This morning I thanked through the Lord – Professor  Otong Rosadi - the Dean of Law at  Ekasakti University, who testified as an expert witness for Andrew Chan and Myuran Sukumaran. That to me is  Clemency ruling on behalf of Indonesia – with Professor Otong Rosadi becoming the medium for its manifestation.  I believe that this  will invoke Common International Energies to support Indonesia in its global activities. It is not just about two individuals. It is about the Law and Order systems of Indonesia as well as Australia.

In my mother nation – Sri Lanka the former Government headed by Mr. Mahinda Rajapaksa was strongly criticized by Global leaders for acting in breach of the Doctrine of Separation of Powers between the Judiciary and the Executive – when the then Government dismissed the Chief Justice for not going along with the Government to satisfy its political expectations. The Clemency system of Indonesia now stands exposed of such breaches on regular basis. A President who takes advice from the Judiciary is acting in breach of the above Doctrine of Separation of Powers. One cannot dismiss that which is separate. On that basis the Sri Lankan Government erred in Law.

It is now clear that the Indonesian Government did not have such Separation of Powers between the Executive Government and the Judiciary.  Hence ruling of the President in the name of Clemency is in fact a legal ruling. As per news reports – the current President of Indonesia promised during election time - to be tough on drug dealers. Promises made during election time are like benefits promised when one is trying to win a job. They are at the basic level of a relationship and need to be clearly spelt out. One has the power to grant Clemency only when the person so empowered is capable of being like the Lord – impartial and independent of the very system through which punishment is ordered as well as the one through which the ordered punishment is carried out.  To that extent these position holders are acting as messengers of god.  From time to time – citizens without special positions also become messengers of god. The legal team working against this death penalty in this matter has gone beyond its position duties and hence its members  have become messengers of god. Hence they were able to produce an independent witness. A University by its very status is independent of the Government as well as the Legal system.  This enables the University to make discoveries beyond the expectations of those who fund the University. The Judiciary needs such independence to identify with the path of Truth – which is the highest law of all.

When a leader makes election promises on an issue, that leader automatically foregoes the power to be independent of the persons who have the power to elect her/him.  Hence all Discretionary Powers are forgone when a Politician makes such promises. In this instance – the current President does not have any Discretionary Powers in drug trafficking – but has to show outcomes to confirm that he has earned his position – without using any discretionary powers.

The parallel in Northern Sri Lanka happened during the election of the Chief Minister of Northern Province. During election campaign – Mr. Wigneswaran – who was a Judge of the Supreme Court of  Sri Lanka – expressly recognized the contribution by LTTE (Liberation Tigers of Tamil Eelam) to win votes. By doing so – Mr. Wigneswaran forewent his authority to make unilateral declarations based on belief  – including that of Genocide. Mr. Wigneswaran also lost his heritage through the Judicial path and/or as a citizen - by making this an election issue.

In 1976, through the Vaddukoddai Resolution, Tamil Political leaders did make that unilateral declaration of Independence and they did win the position of Equal Opposition in Parliament – even though Tamils were only about 25% of the total population. But by acting as if the human system of politics continued to owe them – they lost sight of the fact that the Lord facilitated this position for them. Instead of raising their act to Governor level – they remained at political level and hence sought visible separation – and hence they got the LTTE – who knew very little about higher governance.  Had those Political Leaders realized that the real power was from the People who submitted to the higher system of Truth / Natural Justice – they would have given form to become the real leaders through Equal Opposition in parliament. Equality comes with this Independence and v.v.

Systems are developed through sacrifices of earned benefits by few. The older the system – the stronger the value. In Bali’s main religion - Hinduism – Lord Shiva personifies Independence from  the physical. As Natraj -  Dancing Shiva kicks Kaalan – Time - to stand still. When we work actively we lose consciousness of time and this invokes the Energy of all others before our Time doing that job – to merge and empower our work. Hence all  Indonesians – especially Balinese who worked tirelessly on this issue would be supported by their ancestors including Hindu philosophers. It is interesting that Professor Otong Rosadi is a Lecturer in Philosophy of Law. 

Those who have retired from active work – on the other hand bring the world to their mind by crossing cultural (place) borders. In Hindu Philosophy  this is depicted through Meditating Shiva. Citizens in retirement who dedicate their resources to identifying with their own Truth – become Natural Governors who invoke such powers beyond borders. There were many such governors in this issue who became messengers of the Lord. It’s now up to Indonesians to accept them and uphold those values – irrespective of the immediate physical outcome -   towards leading Indonesia to become more global through true powers.

One rule for both Indonesian as well as Sri Lankan voter is to eliminate a leader who has caused damage to Natural Powers. In this instance given that drug issue was a key election mandate – each time  Clemency Powers were used by that leader – it effectively meant that one voter killed another to become sole leader. This disqualifies that country from  calling  itself a  Democracy. 

Monday 30 March 2015

Gajalakshmi Paramasivam – 30  March  2015
Temple in the heart

Natural Justice in Indonesia

I was waiting all day – feeling out of sorts – knowing that the Appeal  against the ruling by the Indonesian President in the case of Andrew Chan and Myuran Sukumaran was due to be heard again today. Just a little while ago I read the news that the expert had given evidence.  According to the Australian ‘Mr. Otong Rosadi of Ekasakti University on Monday gave his opinion in support of the challenge. The law expert said in his opinion, all "products of the law" can be reviewed, even clemency, which he argued was not purely a matter of presidential prerogative.’

I identified very much with this. To my lay mind, the President’s ruling was still part of the Legal Process and not beyond the legal process. If it is to be beyond the legal process – one needs to be like god – impartial and beyond calculations. Under those circumstances – Judge needs a still mind – which holds  the decision that the person being punished cannot be cured by humans. I blessed the above Indonesian law expert who has contributed to Indonesia saving itself from committing a sin. A wrong becomes a sin when it is not corrected within reasonable time even when facilitated to do so. Indonesia needs to get this right for itself.

To my mind laws help us develop common faith. The path of Truth / Karma – is the highest law of all.  One needs to take a matter step by step to the highest legal level possible within one’s means and then leave it to the system of Natural Justice. If one is genuine in this process that person will identify with the outcome that ‘happens’. Every one of us who identifies with one side or the other – add our own Energies to the experience by others concerned. In the process the visible outcomes truly become secondary to that sharing of experience – as if we are part of each other.

I felt with those who were grateful to Singapore’s first Prime Minister the Hon Lee Kuan Yew and wrote as follows in relation to Tamil being National language in Singapore as well as Sri Lanka:
Sinhalese demanding that the National Anthem be sung only in Sinhalese are disrespectful of the Constitution. Tamils failing to recognize their Equal status are doing likewise. Neither group in the Diaspora would have facilitated their folks back in  Sri Lanka’s villages to feel economic self-sufficiency. It is far healthier for countries like Australia to have economic migrants with close family ties in the villages of Sri Lanka – than to have war-affected migrants who have forgotten their families back in the villages.’

A member of the Tamil Diaspora responded by stating that  ‘none of the Tamil people in London—would  go back to Ceylon / Sri Lanka to retire or live.
The above response is similar to that of the Indonesian President’s ruling. It is not based on law nor on Truth. It is therefore damaging to the group that considers this person to be a leader. One could state that one did not feel like going. But if it is true that none of the UK Tamil Diaspora would go to Sri Lanka to live – then they have no right to represent Resident Sri Lankans and argue on their behalf. They become observers. My response was as follows:

Each one as per their own experience. To the extent we care – the feelings will generate progressive energy in those living in Sri Lanka and in whose name we are continuing to fight to confirm our right to self-govern. Those who care deeply would develop in their hearts – like Poosalar Nayanar’

Saint Poosalar Nayanar built a temple in his heart – at the same time the king was building the visible temple. The Lord appeared to the king and said that He would first be at the shrine by Saint Poosalar Nayanar before appearing at the king’s temple. Likewise – the real Power that would cure Indonesia of its drug problems – would happen through hearts that forgive and include – like that of Mr. Otong Rosadi of Ekasakti University’.  In Tamil Eka Sakti means One Energy.

Saturday 28 March 2015

 Tamil Commonwealth by Policy

Banners in tribute of Mr Lee Kuan Yew were put up in Tamil Nadu villages. (Photo: Baskaran) 

Gajalakshmi Paramasivam – 28  March  2015

Whilst Singaporeans are mourning the passing away of   the Hon Lee Kuan Yew, many of us are remembering and appreciating the contribution the Hon Lee Kuan Yew made to Multicutluralism. One such report by Channel News Asia goes as follows :

[Many homes in the region, known as Thanjavur delta, share an emotional bond with Singapore's founding father Mr Lee Kuan Yew. Several parents from the villages of Kooppachikottai, Ullikottai and Paravakottai have sent their sons to earn a livelihood in Singapore.  

NEW DELHI: Several villages in the southern Indian province of Tamil Nadu are remembering Mr Lee Kuan Yew. Though these villages might not even be easily visible on a map, people there know who Singapore's founding Prime Minister was.
Though these people had only seen Mr Lee Kuan Yew in pictures, they had heard great stories about the city-state's first prime minister. And, many homes in the region, known as Thanjavur delta, share an emotional bond with Mr Lee.
Several parents from the villages of Kooppachikottai, Ullikottai and Paravakottai have sent their sons to earn a livelihood in Singapore. The families of rural Tamil Nadu look up to Mr Lee as a man who provided them with an opportunity to escape poverty.
A villager from Ullikottai said: "Our survival, my survival and my family's survival, we are all alive today because of Singapore. I went to Singapore at the age of 18 and was able to earn a living by working hard. It's because of Singapore and Mr Lee Kuan Yew, Mr Goh Chok Tong and Mr Lee Hsien Loong that not only this village but adjoining villages were able to survive."
Another villager from Ullikottai said: "If we have reached to this level in life, it's only because of Singapore and Mr Lee Kuan Yew. We are feeling the pain of his demise as if one of our family members has passed away. He was like a guiding light for the people in this area."
Money earned by migrant Indian workers in Singapore and sent home has helped provide electricity in one of the most under-developed regions in India. As night descends, the families huddle to pray for the man who dramatically improved their living conditions. For many of the villagers, Mr Lee will continue to live in their hearts.
- CNA/ir

To me this is the value of Nationalism.  Tamil Nadu has gone global through these true feelings of gratitude by villagers whose young ones found employment in Singapore and supported their families in Indian villages.  This applies also to quite a few Jaffna Tamils – including  from Vaddukoddai where the first Political Declaration of Independence was made under the leadership of a Tamil – the Hon SJV Chelvanayakam - whose father also went to Malaysia towards economic freedom. Unlike the Hon Lee Kuan Yew, no Malaysian leader promoted Tamil as an Equal National Language. Like Sinhalese politicians – Malaysian Politicians also failed to give form to their own true Identity.  The Tamil message in the above banner translates as follows:

‘So far as Singapore is concerned – Indian means Tamil. Indian language is Tamil Language. Therefore Tamil is our National Language – not Hindi. - Lee Kuan Yew’

Last week a Sinhalese group discussed the issue of National Anthem being sung only in One official language on the basis of an article ‘THE MOST BRILLIANT POLITICIAN YOU NEVER KNEW  by  Singapore-born, Miami-based writer Beverly Murray. In that tribute the author states:

‘The most brilliant politician you never knew is on his deathbed. Hooked up to a ventilator – a contraption designed to replace the most basic of human functions –  a withered 91-year old faces the inevitable. Alongside him, a nation awaits, heavy with the knowledge that for many, their world will never be quite the same. …………

However, to judge a man by his accomplishments, certainly one who has left an indelible imprint on the national psyche of an entire country, one needs to really delve into  the flavors, the rhythms, the rojak of Singapore life. Which is to say – one needs to go back. Back to when Lee was in his prime and brimming with vitality, back to when Singapore was on the brink of taking the world stage, back before Marina Bay Sands or the Singapore Flyer dominated the landscape. Back to when I was in Primary 1. Sitting cross-legged on the floor with other squirming 7 year olds, while a music teacher patiently sounded out the notes to our very first lesson in productivity:

Good, better, best. 
Never let it rest. 
‘Til your good is better
And your better, best.

We sang this all the way home. It was an ethos that underpinned our collective spirit, echoing well into our later years. There were no A’s for effort in Lee’s Singapore. Instead, there was his institutionalized demand, pure and strikingly simple – for the best. Not your best, which was entirely subjective, and easily dismantled by the accomplishments of another. But the best. The kind that was unequivocable’. 
The beauty of Singapore is in its national activity of employment. One who realized nationalism through employment would invoke that in others. When those others are beyond country borders – we form Commonwealth. In this instance Father of Singapore recognized the value of Tamils’ contribution through employment and recognized it through the official structure. By doing so – the Hon Lee Kuan Yew gave birth to the Tamil Commonwealth of Nations.

Relatively speaking Sri Lanka’s Tamil Population is much larger in percentage and size to Singapore’s Tamil Population. Singapore’s Tamil Population is only 3% of its total population, while Sri Lanka’s Tamil Population is 15% of its total Population. Even with over  60 million   Tamils making up about 6% of its total population – Tamil does not have national language status in India. Singapore’s Founding Father  - the Hon Lee Kuan Yew showed appreciation of Tamil workers in building Singapore and thus the policy to include recognition to all major ethnicities.

We could be driven by our personal Truth and/or our investment in Policy.  Policies that accommodate the Truth of all major participants would lead a country towards Nationhood. It is common knowledge that Mr. Lee  Kuan Yew worked very hard and did not lead a life of luxury.  This must have helped him realize economic freedom. Once we realize one kind of freedom – we enjoy freedom of all shapes and forms. We do so because we go into the world of Truth. Those villagers in India’s Tamil Nadu actually recognized this through their own economic freedom enjoyed due to Singapore’s founding father who made them his family by including them at National level through National Status. 

Every Head of Government who  honestly works for her/his benefits – would thus contribute to development of National values. The Hon Lee Kuan Yew did so in Policy/Law – and the Indian villagers did so in Experience – demonstrating great Human culture.  

In terms of Sri Lanka where Tamil was made  National language through the 1978 Constitution, there is still demands that  the National Anthem being sung in Sinhala only. I responded as follows in this regard:

One can follow the Truth or one can follow a system – in this instance the system of Common Law. If our personal Truth is given  form and it does not  facilitate others to express their Truth it is more beneficial to US to follow the Common Law.   To enforce through the law the singing of National Anthem in a particular language only – is like the State taking over children because the mothers are not of the Government’s culture – as happened here in Australia in the case of Aborigines.   A country needs law. A nation is driven by Truth – which anyone is free to express as per God’s system.  One who interferes with such natural rights and hurts another – gets into God’s system and is punished by acts of Nature.

Sinhalese demanding that the National Anthem be sung only in Sinhalese are disrespectful of the Constitution. Tamils failing to recognize their Equal status are doing likewise. Neither group in the Diaspora would have facilitated their folks back in  Sri Lanka’s villages to feel economic self-sufficiency. It is far healthier for countries like Australia to have economic migrants with close family ties in the villages of Sri Lanka – than to have war-affected migrants who have forgotten their families back in the villages. Lee Kuan Yew is in heaven.

Thursday 26 March 2015

Gajalakshmi Paramasivam – 26  March  2015

Serious Error in Law by the Indonesian System as well as the Australian System

According to news reports the further hearing of  the case against Andrew Chan and Myuran Sukumaran has been adjourned.  Is it positive news or negative news? As per Natural Justice it may be positive for me. While reading the news today,  I happened to notice that there was a 4 Corners program on ABC on this matter under the title ‘Eat, Pray, Shoot’ – aired on 09 February 2015.  I watched it for the first time and felt deeply moved by feelings shared. I cried when I heard Artist Ben Quilty say:

I thought, I'm gonna make this happen and I'm gonna make it happen before anything goes terribly wrong, so that those two young men know that there's people here in my community who care for them……… You know, there's a Morgan Gallup poll today that says 62 per cent of them don't think that the Government should prevent these deaths. Well, they don't know my friends. And if you sit in front of these two young men and see their humanity and see how fit and strong and healthy and clear-skinned and clear-eyed they are and, and reformed and amazing and humble and inspirational and then you have 62 per cent of my country saying that they need eight bullets in their chest, well maybe I don't belong in this country.

When I felt discriminated against at the University of New South Wales and was imprisoned for  waiting Peacefully to speak to the Vice Chancellor of the University – as suggested by the Chancellor I was deeply hurt – because it negated my good name earned over years of hard work and sacrifice. Along with other family and community members many members of Myuran’s family signed the petition to Magistrate Pat O’Shane who sent me to prison for a year – even though this did not have the endorsement of the law. That was when I started looking beyond the legal system for solutions. They were there – through the system of Truth that never fails.

When I first resigned from the University of New South Wales – I did so during an urge I felt after hearing Ms Pauline Hanson ask migrants who did not assimilate to ‘go home’.  By then I had invested in Public Administration through my workplaces and felt deeply hurt that I had to hear this.  In the early hours of 11 August 1998 which was during the holy period of  Festival celebrating Lord Muruga of Nallur in Sri Lanka,  I wrote to Professor Dowton  then the Dean of Medicine – with a copy to the Vice Chancellor:

Dear Bruce,

This morning, in consultation with my husband, I made up my mind to return to Sri Lanka as soon as possible – to a place where I can perform as a Professional in all my creativity.

I heard Pauline Hanson on the 4 Corners Programme last night. Ms Hanson suggests that we go back to our countries of origin if we cannot be like them. It hurts that we even have to hear such things. In the name of ‘Freedom of Speech’ we – the new Australians are being made to lose our freedom to live as individuals. If the leadership of Australia is unable to turn it around – to make up for their negligence in failing to hear the cries of the new Australians – One has to wonder whether Ms Hanson is expressing what these leaders (and employers) feel themselves in their heart of hearts. This is the million dollar question to which I have been seeking a favourable answer – that the leaders of the country to which we brought our children and made them call it their ‘home’ would ensure that it is ‘home’ for our children. But my experience during the past 13 years has failed to deliver the answer that I have been seeking so desperately. When an education institution such as the University of New South Wales also demonstrated that it was no different – I do not wish to waste any more time – hoping.

I am sorry if this causes you any inconvenience, but I am quite happy to hand-over to your satisfaction – to a person of your choice. I am not arrogant to think that I am indispensable – there are so many excellent Accountants in the market (might even ease the unemployment problem!) and I sincerely wish you the very best – for you are a good leader.”

But the way events unfolded not through the official path – but through social sharing and with me trusting myself more and more above others  -  I ended up staying on in Australia with all its limitations making it my home. Now I realize that this was possible due to my investment in family.  We accept family for better or for worse. Likewise a nation. I believe that by staying on I have also added positive value to fellow Australians and through my sharing of Truth to Commonwealth of  Australia.

When Myuran Sukumaran’s sister Brintha cried out ‘ I don't want him to die. Why is this happening to our family? What did we do wrong? It's not fair.’ I felt torn. How does one reconcile why it is happening to oneself even though one – in this instance Brintha -  has not earned the pain of losing a brother? One who feels like this IS family.  In one way if this had not happened – Myuran would not have been so strongly family as he is now.  Likewise for me if not for the weaknesses in the Australian system of Justice I would not have felt Australian as deeply as I do now. Family is entitled to be punished at similar level as others in the family. Otherwise their faith in Natural Justice/God – would diminish. Whatever may or may not happen at the physical level – Myuran is more strongly with his loved ones than he was before.  

The ability to recognize this is the key criterion to carrying  the Power of Clemency. When used without deep belief – the force returns to the person who benefited from the exercise of that power.  When the punishment is death – and Clemency is denied despite the person having earned the right to live for his family, community and humanity – as if s/he is part of them and they a part of her/him – the person who fails to rule as God would – gets the karma returned to her/him – in this instance it is  President Joko Widodo.  Yesterday, was the first day of Sydney Murugan Temple festival and I am praying that to all Australians and Indonesians working for Justice  in this matter – their respective countries would be ‘home’ and that to those using International Laws – the Globe  would be their Home. 

The role of the Australian Police also needs to be questioned in this regard. As per the ABC report,  the Australian Federal Police (AFP) stated ‘The AFP was unaware of the hierarchy of the syndicate, the identity of all syndicate members or the source of drugs that may have been imported. Additionally, Myuran Sukumaran was not known to the AFP prior to his arrest on 17 April 2005

The way the New South Wales Police did not know about me – the AFP may not have known about Myuran prior to the arrest.  But in both instances they would have been fully aware of the corruption in the institutions through or on behalf of  whom they were acting. Yet, the Australian Police went  ahead to show their cleverness. This has resulted in serious Error in Law. I wrote recently in a Northern Sri Lankan matter:

[The Mind that makes the decision is required to be in such  state as to receive  information through the law .  When information is recorded in a some other order – for example cultural order  or through hearsay - the decision would not have been made by the law but by the cultural or surface order of thought. These do not have validity in a Court of Law.  The Law  of  Thesawalamai  itself is a Customary Law and  facilitates particular parts of such Cultural Order to be recognized as  lawful orders. ]
Whether it be the Australian Police or the Indonesian Judiciary – they had the duty to be the LAW when judging at the highest level of authority at that time at that place. In terms of the President of Indonesia who had the power of Clemency – he needed to have been Lord Himself when making judgment above both the legal and/or  administrative systems. This is essential even if the punishment does not involve death. If not it is in breach of fundamental human right to be free of punishment by outsiders.
According to the above reported response:

The AFP has been, at all times, transparent and accountable in relation to its actions on this matter, and has always acted appropriately and in accordance with Australian and international policies and guidelines.’

Did they make sure that the Indonesian Authorities whom they empowered with knowledge gained by using Australian Public Resources  – were also Democratic and therefore would be Transparent and Accountable?  How can there be any valid International Policy without there being in place  a Common system that upholds and protects the values of Equal Opportunity to Live  - the basic right of all beings?

As per the above response:

On 23 January 2006, as a result of an application for preliminary discovery, Justice Finn of the Federal Court ruled the AFP had acted lawfully and in accordance with all legal obligations when it disclosed information to the Indonesian authorities which ultimately led to the arrest of the ‘Bali Nine’.’

As per my direct experience with the Federal Court system – there is not a single judge in that system  who has the courage to use Discretionary Powers through  personal Belief to rule against the Executive to uphold the Belief of a migrant seeing through Equal Opportunity Laws. They do not have the  courage to use Truth in applying Equal Opportunity Laws. As Artist Ben Quilty stated ‘they don't know’  A Court that is for the People would have first gotten to know – not only the persons being punished but also the authorities that are using the law to punish them. The same ‘International Law’ would be applied differently by different minds – as per their respective interpretations. These would be right even if they looked different on the outside - if both are of the common belief in that International system – as in the case of Executive Decisions being independent of Judicial Decisions. Towards this the two interpreting sides need to be Independent and therefore Equal in status.  Are we saying that Indonesia and Australia rank equal in Human Rights? As per the UN listing of Human Development – Australia ranks 2nd whilst Indonesia ranks 108th.   How could we make bilateral agreements of cooperation knowing that there is no common belief in relation to the Right to Life? The Australian Federal Police is reported to have stated in 2006:

MIKE PHELAN (2006): Even with the aid of hindsight, should the same set of circumstances present themselves again, with another syndicate or other people, we would do exactly the same thing.’
And who was the Head of Government at that time ? - None other than the Australian version of President Joko Widodo  - Mr. John Howard! 

If  Bali 9 are punished by death Australian Government has primary responsibility for that portion of the punishment above the level endured by other Australians punished for similar offenses in Australia. Even if 90% of Australians oppose and/or are indifferent to the support provided to these victims of unethical  International Legal systems – the Government must act to Protect and Redeem the Rights of Australians – even if it is just one life.

Professor Hikmahanto Juwana, Head of Law at the University of Indonesia and Advisor to the Indonesian President, stated during his interview on ABC :

[HIKMAHANTO JUWANA: Still, this is a matter of the court to decide. Er, it is not the president who has to look over and examine. I was going to say that, ah, the president, when he refused the, er, clemency and pardon, he also got advice from the Supreme Court because, under our laws, that Supreme Court has to give advice whether the president will give clemency or not. And I suppose that the president has, er, taken that advice but he's adamant to say that, ah, execution has to go ahead.]

If the Supreme Court advised the President – then it is a higher Legal Decision and NOT is not a Decision independent of and beyond  the Legal system. Then it must go through proper Appeal Process and NOT be ruled as per the personal belief of the Head of State.  

I do believe that unless Indonesia agrees to go through this Appeal Process for a Judgment Review – Australia needs to go to the United Nations to bring about an injunction on the Death Penalty in Indonesia through its Legal system. 

Gajalakshmi Paramasivam – 25 March  2015

Awakening Equal Opposition

Yesterday, in my article ‘2015 Presidential Elections – Interlocutory or Final?’ I wrote as follows:

[In 1976 Tamil Political Leadership declared Independence through the Vaddukoddai Resolution. In 1977 they became the Leading Opposition in Parliament – confirming the reality of Vaddukoddai Resolution which essentially meant that Tamils were Equal to Sinhalese. That was at that time in Sri Lanka. It will happen again and again in various forms – if Tamils continued to contribute to governance along the path of ‘Non-Violence’. Non-Violence to my mind is not the absence of physical damage caused by one to the other. It is about protecting the rights of both sides.]

Today I received the following reaction from a Tamil in the UK:


President Sirisena gave posts to 26 members of the SLFP, his own former party, in his coalition government, government spokesman Rajitha Senaratne told Reuters. They were given state and junior minister portfolios, boosting to 77 the number of members in the government. "This is a national government and this is a (SLFP) party decision.]

I responded as follows:
[I am confident that so long as we keep investing in Good Governance – we would continue to be the real opposition and that means Equal Political status]

Yesterday, when I wrote the above I was not aware of the opposition in Sri Lankan Parliament to the current Leader of  the Opposition – the Hon Nimal Siripala De Silva staying on in that position due to his party having joined the Government. Irrespective of the decision made by the Parliament – to  my mind, the above timing confirms that those of us who genuinely care – do have the power to influence outcomes. That is the god-power within each one of us.  Often we elevate ourselves through hearsay and knowledge for benefits – and bury our true powers to influence. When we contribute genuinely and do not expect returns the returns happen at the level of the position through which we contributed.  In other words we become the whole – the service provider as well as service beneficiary. This in essence is the message from Lord Krishna through the Baghawath Geetha.

I learnt this Lesson through my Australian Experience which I believe contributed to the loss of parliamentary seat by former Prime Minister of Australia – Mr. John Howard. To the extent I lodged my loss which I believed was due to Mr. Howard as Prime Minister – I identified with my contribution when Mr. Howard lost his seat – which as per popular assessment was due to migrant votes. Each one of us who contributes to governance would identify with outcomes for our own purposes. Likewise each one who contributes from the side of Opposition also contributes to Good Governance.

One of the great difficulties faced by Sri Lankan Governance system is the lack of development of this Equal Opposition at the stated level. LTTE was dictatorial on the side of Tamils and Mr. Rajapaksa’s military regime was dictatorial on the side of Sinhalese. This is acceptable  so long as we do not claim Rights and Benefits through Democracy. When we do enjoy benefits of democracy from wider world – for example through the UN for the Sri Lankan Government and from India for the LTTE – we owe that system and its true representatives. Colonial rule is part of our inheritance and unless we cease to receive unearned benefits we invoke those genes whenever we become beneficiaries in that hierarchical system. Most migrants of Sri Lankan origin are yet to negate these genes. Yet they discuss Sri Lankan Governance issues as if they are the Government of Sri Lanka.

The recent visit by the Prime Minister of India seems to have influenced current outcomes in favor of Tamils.

During this visit – the Prime Minister of India referred to the Tamil Poet Subramanya Bharathiyar whose song about Nationalism is sung as Tamil National Anthem by Tamil Diaspora  groups.  A Sinhalese Australian (to my mind as if he were the Government) wrote to me in response to my report on this:

There can't be a Tamil National Anthem as only country a Tamil national Anthem can play is a Tamil country? Are you referring to the Sri lanka Anthem in Tamil? If so correct it before you will be challenged by many others, for trying to bring back the LTTE.

My response to the above was :
‘As stated in the report – The Tamil song is by  Subramanya Bharathiyar of Tamil Nadu in India. Nadu technically means country. Metaphorically it means nation. To the extent a  person realises Nationalism through a particular land or culture -  that person has the responsibility to sing the Anthem that best reflects her/his belief.   Singing the Australian National Anthem  - is as per human duty to the Land one has adopted as ‘home’. Victims of war singing the Tamil National Anthem means they realised Nationalism more as Tamils than as any other country structure.  It would have been wrong to sing it as National Anthem in parts of Sri Lanka where majority are non-Tamils.  But it would be a reflection of Truth to sing the Tamil National Anthem in areas where Tamils are in the majority.  In Sri Lanka it is the parallel of Provincial Governance. When sung in Australia it confirms our global status and through natural merger with Tamil Nadu culture.  Technically speaking our relatives in Tamil Nadu are about 72 million compared to only about 15 million Sinhalese within the land space called Sri Lanka through human divisions.  When we are too attached to our birth rights – we fail to develop and recognize  the higher rights formed on the basis of Truth. Your interpretation of the meaning of National Anthem confirms such an attachment.’

The level at which we invest independently in an issue is the level of our true ownership. This may or may not be recognized by those holding positions that are responsible for Management. Here in Australia my contribution to Public Administration was not recognized by those responsible and the way the Tamil Diaspora raised the conflict to the UN level – I also raised it to the Prime Ministerial level.  The Tamil Diaspora raised the conflict through political network but I raised it through Due Administrative process – accepting the punishment that happened along the way. Mine was the Transparent process of Democratic Administration. Given that I was genuine and stayed within my earned belief based limits – I was developing the Opposition power to the hierarchical system that was being used by Australian Government whilst claiming we were a democracy. This Equal Opposition power could be developed through the alternate system of Governance – the Judicial system. Even though Mr. Howard did not attend Court in person – his Attorney at law did. To the extent I was genuine and my contribution was of the standards required by the leading position – I was developing the Equal partnership of that Head of Government position. The apparent adjustment happened later through migrant votes.

I noted this pattern within the University of NSW system also. In 1998 I complained against the Head of Finance and Head of Research and there was an inquiry – but leaving out these two Directors. I realize now that I registered my Truth in their minds which manifested Public outcomes through staff at  lower levels – very like the LTTE manifesting the Opposition powers developed by Tamil Political leaders using the official path – including through the Vaddukoddai Resolution. At the University of NSW - the Finance Director against whom I complained initially – was criticized publicly by the Auditor General – once through a common report on Budgetary systems and later in relation to a complaint from another staff of the University against the University’s Education Testing Center. The Auditor General against whom also I brought legal action was highly critical of  University Management in his report to Parliament. http://www.smh.com.au/articles/2002/03/20/Unsw.htm 

Many in the Australian Tamil Community connected these outcomes to my courage in complaining through the Human Rights Commission followed by the Legal system. The Research complaint also invoked complaints against senior staff and ended up costing the University millions of dollars in money and more in reputation. Eventually the Vice Chancellor who had me arrested for Peaceful Assembly – was himself dismissed by the Governing  Council.

Like with the migrant voters who voted to bring Mr Howard down – I did not know any of the other complainants personally. I still do not know them personally. But they became the messengers through whom the Lord worked to deliver outcomes that confirmed the value of my work. The Truth of the person holding leadership position – when manifested must be Equal & Opposite to our expressions for us to be able to work the system of  Democracy.  Where Truth of a junior is brought out by a senior – it must be at the border of internal and external forces – so that from then on both sides are Equal.  When the Sri Lankan Government therefore exposed the LTTE to outside world – it made the LTTE equal to itself. Otherwise it had the duty to use Internal mechanisms.

 It’s a simple interpretation of Newton’s third law – that for every action  there is an equal and opposite reaction. It is therefore important to not manifest / express more or less if we seek outcomes at that time at that place.

When the 2015 Presidential Elections were announced in Sri Lanka – I did not identify with the current President as being the winning candidate. But due to my ongoing investment in Sri Lankan Democracy - I did identify with the need for Tamils to vote and my energy was added to urge Tamils to exercise their voting Rights. Had I been asked the question as to whom a Tamil ought to vote for  – I would have said Mr. Rajapaksa. The reason is not because of his performance in Politics or Administration.  The reason is that he helped elevate the ethnic issue to global level and in so doing diluted the wrongs of  Tamil rebels LTTE. They were Equal and Opposite forces. This must not be forgotten by any person claiming to work for democracy. But due to his failure to attribute credit to those who truly practiced democracy – Mr. Rajapaksa lost his eligibility to be head of  Sri Lanka sans rebellion – this rebellion being the only opposition he would recognize. Hence where there is no particular rebellious group like LTTE or JVP – that the Government would point to and there is continued use of military power – and those who truly contribute to governance through law and order are victimized – the rebellion is by the Government against Itself. It is to prevent this that there is Equal  Opposition position in Democratic Parliament.  Majority vote is an effects based outcome. There needs to be Equal Opposition for there  to be a Right to Governance by a Parliamentary system.   It is like the ‘other’ parent. The value is this Belief based Other side / Objection / Complaint. One does not need to show proof. One must have the courage to be the Equal Opposition. One who is a beneficiary would tend to lack that courage. LTTE prevented Tamils from voting in the 2005 Presidential elections. This is damage to the foundations of Democracy. The more Tamils benefited from democratic nations the more the LTTE was defeated. Likewise the more Sinhalese benefited from democratic nations – including through migration – the more they defeated Mr. Rajapaksa’s Military Regime.

The system of  Truth works independent of our outer expressions. Truth always supports the person who lives close to Truth.  

Without a strong Opposition, the average Tamil tends to go to sleep in Politics and wakes up when laws are introduced to disadvantage minorities or when there is emotional outburst by ambitious young fighters.   Despite the thought that we needed Mr. Rajapaksa to offset LTTE dictatorship – I was happy when the Common Opposition candidate -  Mr. Maithripala Sirisena became the President . The more I think about it  - the more I feel that our genuine contributions for or against the government would empower the genuine person who needs it as per her/his position. I took it as the workings of Truth that I could not ‘see’ but feel in common. The face could be Mr. Rajapaksa tomorrow – but it has to be without the military dominance if it is to be return for my investment in Democratic Sri Lanka.  That is all I am entitled to expect as per my Truth. If others have made deeper investment and therefore there is return of Military / Rebellion – then I would continue to be developer of Opposition to dictatorships or handouts.  

I believe  we must continue to contribute through all avenues available to us.  The legal path is also open to recording our entitlement to self-governance. For example, if we are able to resolve a matter within provincial borders – we confirm our ability to govern ourselves. Each time we let a legal matter go beyond local borders – to Higher Central Judicial Governance – we are confirming that we need resources beyond local borders.  If we seek global values we must not block unresolved matters going through to wider level. The more Sri Lankan Government blocks the international path – the more it would earn that from its ethnic minorities who have Natural global connections through common cultures.

The article ‘Death of County and Birth of Nation’ that invoked the above response from Sinhalese invoked a totally different response from a Sri Lankan Tamil. This leader sent me reference to https://www.facebook.com/video.php?v=1608936736007894  which is about A.E. Manoharan’s song Our Motherland Sri Lanka. The first verse is translated by Ahilan Kadirgamar and published at Thuppahi’s Blog:

Ceylon/Lanka is our respected motherland
A good land endowed with environmental benefits
A Land where precious gemstones and beautiful sceneries cover our minds
When we pronounce the word Jaffna the taste of honey oozes
Jaffna, where the palmyra fruit and the tobacco leaves grow together
– Translation (by writer) of the opening lines of Tamil song, “Ilangai enpathu” by A E Manoharan

Tamils who do feel that Sri Lanka is home to them – must continue to provide the strongest possible opposition to the Government in Power, to earn returns that are visible at global level.   We must however do so strictly through our belief and no more.  When we do this – the outcomes happen Naturally through the Lord’s system. That is how we minorities can be in governance at all times. Eventually when we make the connection and feel happy – we become the whole – even though we may be a minority of One.

Tuesday 24 March 2015

Gajalakshmi Paramasivam – 24 March  2015

2015 Presidential Elections – Interlocutory or Final?

How does majority power really work in the system of Truth? Are minorities able to drive this majority power? These are important questions not only in Sri Lankan governance but also in all nations addressing racial discrimination problems while upholding opportunities through diversity.

In 1976 Tamil Political Leadership declared Independence through the Vaddukoddai Resolution. In 1977 they became the Leading Opposition in Parliament – confirming the reality of Vaddukoddai Resolution which essentially meant that Tamils were Equal to Sinhalese. That was at that time in Sri Lanka. It will happen again and again in various forms – if Tamils continued to contribute to governance along the path of ‘Non-Violence’. Non-Violence to my mind is not the absence of physical damage caused by one to the other. It is about protecting the rights of both sides. To the extent Tamil rebels believed they were protecting the rights of  Tamils – they would have protected the rights of other communities in Sri Lanka.  Given that LTTE lacked governance experience in a multicultural environment – it would have been difficult for it to have the wisdom in democratic management. The outcomes produced by them confirm that they did go beyond their boundaries of belief and this naturally diminished the claim of Equal leadership status. The main reason was that the LTTE leadership was not independent of India. To deserve the title of ‘Independence’ one has to be self-sufficient at all times through the process – from beginning to the end.

These are experience based analyses. Through my contribution to the legal system in Jaffna – Sri Lanka – I learnt more about the way the Sri Lankan legal system addressed an issue through ‘Rights’ or through ‘Experience’:

Hon Justice Saleem Marsoof, P.C., J.  in Storer Duraisamy Yogendra  &  Balasubramaniam Thavabalan  Vs. Velupillai Tharmaratnam:
[The decision of five judges of this Court in the Rajendran Chettiar case is not only binding on this Bench as it is presently constituted, but also reflects the practice of Court both in England as well as in Sri Lanka. As Lord Denning, M. R. observed in Salter Rex and Co. v. Ghosh [1971] 2 All ER 865 at page 866 – “Lord Alverstone CJ was right in logic but Lord Esher MR was right in experience. Lord Esher MR’s test has always been applied in practice.”]
In the above mentioned Rajendran Chettiar case – Dr. Shirani Banadaranayake J quoted:

[After an examination of the aforementioned decisions, Sharvananda,J., (as he then was ) had held that for an ‘order’ to have the effect of a final judgment and to qualify to be a ‘judgment’ under section 754(5) of the Civil Procedure Code,

 ‘ 1. it must be an order finally disposing of the rights of the parties;
 2. the order cannot be treated to be a final order if the suit of action is still left a live suit or action for the purpose of determining the rights and liabilities of the parties in the ordinary way;
3. the finality of the order must be determined in relation to the suit;
4. the mere fact that a cardinal point in the suit has been decided or even a vital and important issue determined in the case, is not enough to make an order a final one.]

The more I think about this Order of Thought – the deeper I am able to go into governance issues of Sri Lanka. The above decision was by a Sinhalese Judge (who later became the Chief Justice) ; The matter was in relation to Trust Accounts of Sri Kathiravelayuthan Swami Kovil – a Hindu temple with Lord Muruga as the Presiding Deity; The mind the Sinhalese Chief Judge accessed are those of  Tamil Justice Sharvananda, English Judges  Lord Denning, M. R & Lord Alverstone CJ and finally in the Storer Duraisamy Yogendra  &  Balasubramaniam Thavabalan  Vs. Velupillai Tharmaratnam matter,  the mind using all of the above is Muslim Hon Justice Saleem Marsoof.

To the extent the above decisions are / were accepted by parties concerned they have duties in that multicultural system. None of them could legitimately  claim Sinhala Only or Tamil Only governance system without damaging their own investments in the legal system – the alternate governance system.

Using the above Order of thought  in Sri Lankan Governance – we need to ask:

(a)was the 2015 Presidential Election – Interlocutory Order or Final Judgment of the People?

(b)In concluding – which pathway are we to use?  Rights based approach or Effects/Experience  based approach?

(c )Is it purely Human or does it have  a strong influence of Natural Justice?

What is the difference between Rights based pathway and Experience based pathway?
To my mind, one who uses the Law – be it human law or  natural law – is a leader and therefore has the duty to take the Rights based approach.

 One who produces outcomes relevant to the matter has the responsibility  to use Experience based approach. As a member of the Tamil Community with minority status in Sri Lanka, I choose to use the Experience based pathway in this instance. Accordingly my interpretation of the following news report is based on my recent experience with the Hon Rajitha Senaratne who as  Minister for Health regularized the appointments of Health Workers in Northern Sri Lanka. Many in this group are direct victims of war.  

According to Reuters report :

[President Sirisena gave posts to 26 members of the SLFP, his own former party, in his coalition government, government spokesman Rajitha Senaratne told Reuters. They were given state and junior minister portfolios, boosting to 77 the number of members in the government.
"This is a national government and this is a (SLFP) party decision. We want to do all the reforms and then go to the elections," Senaratne said.
Dayan Jayatilake, a political scientist, author and former Sri Lankan diplomat who strongly supports Rajapaksa, said the move would slow down the decision-making process.
"It will satisfy no one because UNP will feel it is being crowded out by the integration of the SLFP members into the cabinet," he said.]

 Mr. Senaratne has confirmed that the Presidential Election in 2015 was indeed Interlocutory in terms of Governance.

On the face of the above statement one could conclude that Dr. Dayan Jayatilleka, is stating that it is final judgment and is therefore challenging  the current government to deliver as per  election promises. Failure of such delivery would be advantageous to former President Mahinda Rajapaksa if he contested in the next  Parliamentary elections.   

The question is whether we need to slow down the decision-making process at political level to bring back to life democracy in politics? As per my experience – yes. The experience with Health Ministry in 2009 when Mr. Rajapaksa was President – needed me to remain silent when a senior health official said to me ‘Don’t go and ask for Separate State’.  I consider myself a Sri Lankan and would have expected a fellow Sri Lankan in leadership position to recognize me as a Sri Lankan. One who failed to do so – was not Sri Lankan. In this instance this senior officer to my mind, was a Sinhalese-Only activist. I prayed to Lord Buddha and believe that the approval to visit the camps happened through my prayers which invoked the duty of the Health Official as per MY need.

Earlier this year – my experience within the same Ministry of Health was more close to my true status. The senior officer (a different person) was humble and ultimately delivered – effectively to make amends. To me, that experience happened at the higher level of management.  

But it takes time for this experience to be felt at the lower levels.

The Common Election Promise by President Sirisena is that he was the Common Opposition candidate. The need in Sri Lanka is thus recognized to be deeper than Tamil-Sinhalese ethnic issue and its Sinhalese parallel of UNP-SLFP party issue. When we are habitually subjective despite knowing that someone else is getting hurt by the exercise of subjective powers and we do not address the problem it becomes a wrong. Wrong effects confirm wrong causes. Where decisions are made in Administration using majority rule – the make up of the group needs to be Equally distributed. Where this is not possible – the leader has the responsibility to use existing policy / law and not majority opinion. Such approach would result in or confirm good governance.

Now that decisions have been made without this rule being adhered to – the outcomes of leaders have become Public. The current need for Sri Lanka  is to become independent of Subjective powers when producing outcomes visible to the Global Community. Once we become global the outcomes we produce must stand on their own rights.

I consider myself to be a global citizen. Hence my complete acceptance of the Order of thought in the above legal decision followed by application of these principles and pathways in other areas of my current life. But those who are desiring more fights – so that they could show their cleverness – are likely to oppose this move towards Common Opposition. This move in fact restores the Tamil Community’s earned status as an Equal Opposition. In other words the Political confirmation through the 1977 Election outcomes is now confirmed in real terms without direct participation of  Tamil Political groups.

In his Public Response to fellow Australian senior Mr. HLD Mahindapala, a young Tamil – Mr. Vallipuram Kanthaiya states:

[The person who benefited the most and was worst affected by the destruction of the LTTE is none other than our former president Mahinda Rajapaksa. He benefitted in the 2010 election because people considered him as the one who defeated the LTTE and in 2015 he lost because people forgot the LTTE, and considered him as the one who built the Hambantota Harbour and the Mattale Airport.
Perhaps Mahinda Rajapaksa could have won the 2015 presidential election if he had put up mega size cutouts of Prabhakaran (not Mr. Prabhakaran) with a caption below, “Do you still remember this person?” Unfortunately, Mr. Rajapaksa put up his own mega cutouts with his typical smile which everyone hated, and he lost the presidential election. So the theory is this. We need the LTTE, Prabhakaran and the Tamil Diaspora to entertain people.]

By the two major political parties losing their particular identity – they have facilitated the Tamil Opposition to be visible and not forgotten in the average Sinhalese mind. This is the parallel of having LTTE Leader Prabhakaran’s cutouts as suggested above. This would happen again and again when the Common Tamil is more genuine in self-governance than the Common Sinhalese.  A genuine self-governing citizen would influence the balance of Equality in a multicultural society – so that the outcomes the nation produces are independently usable by the Global Community in which membership is only through the independent mind.  

Monday 23 March 2015


Gajalakshmi Paramasivam – 23 March  2015

Death of County and Birth of Nation

On Saturday, 21 March 2015, we remembered and celebrated again the lives of members of the New South Wales Tamil Senior Citizens Benevolent Society who are no longer physically with us. https://plus.google.com/u/0/photos/110322649806300167994/albums/6128544211784708129

The celebration commenced with the Australian National Anthem followed by the Tamil National Anthem. The latter is by Poet Subramaniya Bharathiyar who was quoted by Indian Prime Minister the Hon Narendra Modi during his recent speech in Sri Lankan Parliament.  I felt moved through both Anthems. I felt the Experience.  To me that was confirmation of Nationalism. I have many times had the Experience with the Sri Lankan National Anthem also. The Tamil Anthem was sung by Mr. Thirunavukarsu – and I felt the power of the Experience as if I was the singer as well as the listener. This is the value of Experience.  When we experience a country  - it becomes a nation to us. A nation does not have borders

During his speech, Mr. Gunaratnam also highlighted this through his perception of what happens once we were dead. Mr. Gunaratnam shared his personal experience with a friend – Dr. Eshwaralingam.  Mr. Gunaratnam shared with us his admiration and appreciation of how the death of their son was received by Dr. Eshwaralingam and his wife at the higher level. According to Mr. Gunaratnam, they  said that they fully  believed that their son was with Lord Murugan and hence they did not feel anxious. This state of mind is very difficult to achieve and yet there are good souls who have reached that level.

This morning I spoke to my cousin Vathanee in Canada – whose husband Sri Premakumar passed away on Saturday. Vathanee cried not in anxiety but in sadness. Yet Vathanee felt deeply touched by her husband who had expressed his appreciation for her service to him and his regrets that he could not do more for her. To me it was such beautiful sharing that not many life partners Experience.  I myself sent the following message:

Farewell to Dearest Sri – One of our  best relatives
You were an example of Courage and Compassion
Most of all you valued your wife as part of yourself
Our family is blessed to have you as part of us
We believe that you will continue to enrich our lives
And guide our young ones whenever they need Courage and Compassion

The end of relative is family. In terms of nation – we relate as country and become nation. When the relationship is completed – we lose consciousness of the body of the relationship and hence it is like death. Those who complete relationships achieve this identify with the Wholesome/Universal Power – and are therefore free of fear of death. They realize more and more that the soul is eternal. To me this means – our true experiences are Eternal. Nationalism is Eternal. It knows no borders of time or place.

The names used are to denote the relationships/pathways through which we got there. Hence where the two sides identify themselves as Australians – we become Australian Nationals at the completion of that relationship. Where the two sides identify themselves as Tamils – we become Tamil Nationalists at the completion of that relationship. Likewise when the two identify themselves as Sri Lankans. One must feel free to choose any pathway or just her/his own Truth. Then the relationship is between one’s own past. Where relatives fail to complete relationships but exercise authority as per their original position – one needs to distance oneself from such relatives – so the real contributors would take those places. We must do likewise with those over  whom we keep exerting authority as per the positions at the start of a relationship. Minorities who keep claiming ‘rights’ with the same strength as they did many decades ago are hurting themselves.   To become Equal they need to stop making the majority their Opposition and distance themselves.   To the extent they keep finding wrongs – they are continuing with the relationship.

Most cultures have Systems in place to determine the duties of relations. At Country level – they are the laws of the Country. Whether we have them or not – true relationships are formed as per our real conduct. These form the basis of de-facto relationships. Where the contribution to the relationship by one party or the other is less than the benefits that party  draws from that relationship we call them wrongs. Contributions include Respect by the junior and Blessings by the senior. Hence where money becomes part of the calculations – the strength of the relationship is diluted. Then one needs Visible Effects based calculations of rights and wrongs – where majority is taken as more ‘right’ than ‘minority’. Where there is no relationship at all – outcomes confirmed by objectively measurable evidence – are taken as the Right outcomes. Majority vote is based on more Right outcomes. The other outcomes are also right but they do not enough motivating power.

Where there is a Wrong in a relationship – there is an equal and opposite – Right in that relationship. This Equal and Opposite  is what confirms whether the measures used are ‘common’ and reliable. Hence when someone says s/he is Right – s/he must also ensure that the other side is placed at Equal status as her/himself at the starting point of the count. Hence Equal Opportunity Laws in countries that invest in immigration. To assume a higher position – one ought to have had a common structure that both parties are part of either through birth or specific agreement.

At workplaces also we have relationships. Where there is a status difference – a position is taken. The end of that relationship is ownership in that system that the positions are part of. Recently when disciplining a grandchild of ours – her aunty – our  daughter came to her rescue and asked me why I was finding fault with my grandchild.  I said simply ‘this is between my grandchildren and I’ . I do take ‘position’ with my grandchildren for the simple reason that I believe it is an express pathway to becoming family – even though one side or both sides may not be conscious of it. I was actually bringing the child into my circle of belief  - so I could bless her. One who finds fault has the duty to bless. Where it is family of many relationships – one is entitled to use credits in one activity to offset debits in another. Hence discipline through one activity entitles the child who accepts the discipline - to blessing through another.

Likewise in a Country of multicultural communities – we could use credits in say Education to offset debits in Military activities. The other alternative is to separate physically and take the one-way footpath to realizing Nationalism over many life times.

Friday 20 March 2015

Gajalakshmi Paramasivam – 20 March  2015
Australian Tamil Management Service in
Vaddukoddai - Sri Lanka
Toddy Tappers of

Born with the Rights of the Land

As per  most recent news – some Liberal Politicians are reported to have stated that they were tired of hearing about Andrew Chan and Myuran Sukumaran – the Bali 9 leaders. Amongst us – circle of Mothers – we continue to feel and include the statements of fathers – that since they have reformed – and been punished by time in prison – and have asked for pardon – they were entitled to be pardoned. I believe that David Hicks was repatriated to Australia due to Natural Forces of Australians – starting with his father – Terry Hicks. Our Natural Rights are determined by our Relationships.  Birth is one way of determining what they are. Thereafter it is Truth as discovered by us. Given that Andrew and Myuran are migrants – and Asian looking – they may not receive as much natural support from members of  majority race in Australia – as David Hicks did. In fact – Justice Tamberline who was required to be  Common Judge in   David Hicks case  and in my complaint against the Vice Chancellor of the University of New South Wales – around the same time -  was not Common at all. That feeling of Natural support was missing when Justice Tamberline ruled in my matter. Whilst other Judges like Justice Moore and Justice Gyles even though they dismissed the complaint through Racial Discrimination Act 1975 – acknowledged my contribution to the Judicial Process – Justice Tamberline punished me by ordering bond for costs as a precondition for the matter to go to trial. This was because I was ‘alien’ to the Judge. This means also – that that Judge needed to stick to objectively measurable evidence before him and strictly refrain from using discretionary powers. Discretionary powers are god-powers and one must first prepare one’s mind to be Divine – before using such powers. Clemency powers are Discretionary powers and hence when used on ‘foreigners’ the user needs to be Universal minded – and the thought order needs to be - that the whole world is his family. To my mind, that is the bigger issue in Andrew’s and Myuran’s matter.

Today like the above Liberal MPs – a leading member of the Tamil Diaspora wrote to me in response to my article ‘Who Owns the National Anthem?’:

Responder: ‘……As long as we do not break the law it is up to us to sing the National Anthem even in Spanish ………….Please be topic specific. You seem to bring Thesawalami law into everything. It is not the be all and end all. It is some personal experience to you in your particular case. What has it got to do with singing National anthem in Tamil.’

My response was:

Gaja: I ask you to please go back to your own explanation about Rights:

[As long as we do not break the law it is up to us to sing the National Anthem even in Spanish]

As far as Customary Rights are concerned - the applicable law in Jaffna is Theswalamai. In many instances this is different in form to Kandyan Law. If we leave this diversity out – our claim of self governance would not be supported   by  our Judicial system which was accepted by Colonial rulers. A Right does not become active by its mere existence.  It is our Truth/Independent Practice – that gives it Life.

Unless I feel personal about the National Anthem – I would not write about it. I believe Thesawalamai came to me because I  contributed to Thesawalamai despite deep difficulties – especially in terms of Inequality. I did not do so consciously. In fact it was just the name of a system for me until this need happened. Then I had to study the law of Thesawalamai.  When I did – I was so very taken up by the height of thought that had gone into its construction. It was like going back into those times to have the virtual experience. It is that SAME mind – that interprets for national and global purposes – as I did when I  was deeply hurt at the University of New South Wales. Then Racial Discrimination Law came to my rescue – to judge myself for my sake. They are both Equally beautiful as they are complex. To the extent I have EXPERIENCED the law itself by practicing it independent of the benefits it would bring – I do so on behalf of ALL users of the law. It is therefore not particular ONLY to myself. When for effects only – then it is particular only to that person/group.   This was the distinction I was making through that case law – ruled again through Kathiravelayutha Swami temple matter. To me  - Lord Muruga was preparing me for the larger matter through the family matter. Truth from which Natural Rights are derived – IS universal – however small the vessel/matter  containing that Truth may be. Only a true believer  in Sri Lanka - has the right to sing Sri Lankan National Anthem in Spanish.

We all have Natural Powers as per our Birth which is taken as defined by God – and as per our own Truth thereafter.  These Rights stand independent of recognition by others. Often we ourselves do not recognize these Rights. But when we do – we appreciate the Universality of such Powers. They should not be interfered with by human laws. Equal Opportunity Laws prevent interference of  majority powers from minorities accessing their own Natural Powers through Belief. Hence migrants are entitled to be protected by such principles towards enrichment of the whole.

Powers of a true Mother would naturally invoke the powers of other true mothers – including Mothers in Australian Political groups and all those mothers before our times and beyond our environments. Likewise the powers of our ancestors by birth are powers that we are naturally entitled to. As a migrant – it took me a while to develop belief in Australian ancestors – including Aborigines but not limited to them. Aborigines who live close to the Land are more conscious of such Natural Rights than are migrants.  This is so  due to being born Aboriginal. Likewise Sinhalese in South and Tamils & Muslims in North and East of Sri Lanka. Whoever recognizes such ‘Natural Rights’ is supported by Divine Powers. As individuals the powers of the ancestors who lived and died in a place – is the source of Natural Rights of every person born at that place provided that right is exercised at that place. By law this person could be Spanish. But through Natural Rights – that person is ‘born with ancestral rights of that Land’. One who lives in that consciousness is always supported by those powers. Relative to the British – Australians have the greater  opportunity of going global by recognizing the rights of Aborigines – the Oldest Traditional Minds of this land. Likewise Aborigines who recognize Equal Rights of all those who are born on this land and all those who develop belief in ancestors – all ancestors – whether they be Black or White – Chinese, Tamil or Indonesian.