Tuesday 10 March 2015

Gajalakshmi Paramasivam – 10 March  2015

Diplomat and Dual Citizen 

I felt dejected again in not being able to get Court Documents from Northern Province of Sri Lanka, despite the fees paid to our lawyers. I was expecting Law & Order situation to be better in Jaffna after former Supreme Court Judge of  the Country became the Chief Minister of Northern Province. Mr. Wigneswaran’s wisdom in Judicial Administration is the confirmation that he would be a wise leader of  any group he makes himself a part of. The litmus test is the Northern Province Judicial system.

The discovery I have made by Experiencing this system is that the LTTE was doing what was needed in Sri Lanka’s North – but through the wrong pathway. The only area known to the LTTE at the time of its birth was Northern Province. Hence their declaration that they were fighting against Sinhalese Government cannot be true as per their Experience. Truth can only be realized where there is ownership. By killing the elected leaders,  LTTE confirmed that their real fight was against the  Tamil Leadership. They just dressed it up to suit their own convenience. The penny dropped last night when I gave up my expectation that the legal profession in Northern Province would deliver at least Administrative Services for the common currency of money through Due Process. When that also did not happen – the picture became crystal clear to me. Those with professional qualifications have traded at money level – making Legal Justice an expensive experience for the poor man. I am yet to meet a Jaffna lawyer who charges less fee in respect of  a policy/rights  based representation. It’s as per the money value and one who is fighting to maintain ‘rights’ gets lesser service for the same amount of money. Hence, as provided for in the Civil Procedure Code of Sri Lanka – I am proposing to represent myself - thanks to my Australian experience.  That is my parallel of the LTTE struggle.

The signs are good. They confirm that the system of Truth is working for us.  Delivery of decision was delayed in the primary matter heard at Mallakam District Court. The delay went beyond the one year mark. Hence I wrote to the Judicial Services Commission after our last disappointment in January this year.  Decision was delivered  in February – in person by the Judge who heard the matter and not through the Judge who replaced him. I felt that my submission to the Lord of Natural Justice – had started up the flow of Truth through the independent deeper minds  in the legal system. I thanked the Lord . Like with the horoscope system and genetics in medical science – once we submit to that system – we lose control and Truth manifests Itself.

The Penny dropped  as follows in relation to the Primary Proceedings. The Petitioners in the above matter did not write the Truth as it happened in their brain. They got dowry and this prevented them  to Muthusum/Paternal Inheritance. Yet they claimed a share of the latter also. The parallel in the Sri Lankan Government structure is Provincial Governance – where the Rights are to get Dowry / Budget Allocation and not the right to be Equal to the National Government and its Common Funds & Status. The President of Sri Lanka is the father who gave the Dowry to the Provincial Government. The daughter with Dowry has the right to claim Equal share of dowry from her mother’s side. But the rest is left to the discretionary powers of the parents as the Common Leaders of the family. Structurally therefore – Northern Provincial Government cannot be of the same status as National Government of Sri Lanka – the same way Jesus cannot be of the same status as Our Father. The Chief Justice cannot  structurally be of the same status as the President. They are parallels to the extent they self-govern as diverse units.

As per the Daily Mirror – President Sirisena of Sri Lanka against whom some student groups within the Tamil Diaspora are holding  protest demonstrations in London said:

‘Forming a national government in Sri Lanka was not an easy task as we aspired because our political culture was such that political parties always attempted to undermine and weaken the other’

This is equally applicable to the Northern Provincial Government also. Causal Forces need to be separated from those seeking to Administer through majority rule all the time. Majority Rule which is Effects driven  becomes disorderly and inconsistent unless there is Equal Opposition in numbers to show the other side. The more LTTE supporters we have as leaders in the Tamil Community – the smaller our Governance area would be to maintain this Equality in numbers.

Law and policy are not equal in structural status due to their applicability coverage. Likewise Governance and Politics are not equal in structural status even when one individual is  head of both. This difference could be explained through the Rs.500k levy expected to be paid by dual citizenship applicants. President Sirisena is reported to have stated in London:

Diplomatic posts should not be given as gift to friends, relatives and backers to spend their holiday in a greener pasture or to educate children in  a foreign University.”

As per the same London Report:

The Sri Lankan delegation told President Sirisena the difficulties they confronted when obtaining dual citizenship, the fee charged for dual citizenships and President promised to see the possibility of reducing the Rs. 500,000 fee.

The reduction in dual-citizenship fee is the parallel of filling  Diplomatic posts cheaply. A dual citizen is a Diplomat in her/his other country. Those who pay less to be Sri Lankan than they paid to be say Australian – would naturally allocate the Sri Lankan status lesser value. Those to whom Sri Lanka is not as valuable as their current country of residence would tend to allocate lesser status to Sri Lankans residing in Sri Lanka – than they do to themselves – which as per my mind is the reason underpinning the Vaddukoddai Resolution. To  a self-governing person, status through both would be the same. Not so in majority cases – as demonstrated by both sides of the ethnic border.  Those who asked the President for reduction in citizenship fee are allocating lesser value than the protestors who are openly taking the position of Opposition at Governmental level. So long as they are doing it for themselves and not in the name of those currently residing in Sri Lanka – they would protest without violence and when they do so they demonstrate  stronger  contribution to Sri Lanka’s Democracy. When the demonstrators are not looking for votes – their rights are shared with both countries and they would naturally empower all those to whom they are connected through common belief – with or without express statements. 

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