Gajalakshmi Paramasivam – 30 May  2015

 

Panchathantra Wisdom about Profiting from Conflict - Courtesy Niti Central

Clean up Political Pollution before expecting Equity in Law

Politics often fails due to enforcing  its authority beyond its local borders. Good Politics leads lead to Just Administration and Good Management. Good Management leads  to Good Governance. As per my discovery – Management is a combination of Truth within our environment and Common Principles. The latter on their own cannot lead to Good Governance. A good manager would consolidate through her/his Truth the Truth of all those in the team. Under such leadership the team becomes self-functional.

I myself have been experiencing much delays in the Sri Lankan Judicial system. I have been working out solutions on the basis of self-management of the resources available. Often we of the Diaspora tend to expect the standards that we are used to in the Western countries we have migrated to.  Here in Australia, I have been a self-represented litigant for the same reasons of self-management mentioned above. That is when we get higher membership in that institution. At the highest level we influence the Governance of that institution / nation and if we are good there is Good Governance for us through us. Once we realize Good Governance we share it with others. Once we realize Good Governance in one area – we take that with us to other areas/subject matters.

Today, I received through a Tamil Diaspora Leader – the Sri Lanka Guardian article ‘Sri Lanka: Deterioration of the Legal Intellect’  by Mr. Basil Fernando of Hong Kong. Given that I myself am currently contributing to the Justice system in Sri Lanka, this particular article was of great interest to me. Along with that email came another with the following subject heading from Mr. Samy Pasupati – our  Professional Accounting elder :

‘Accountant war breaks out’ http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11456839

The introduction to the latter was: ‘CPA Australia is taking defamation action against The New Zealand Institute of Chartered Accountants, alleging its rival made false and defamatory statements, alleging "inferior" education standards, lack of global affiliations, misuse of membership fees and a "second-rate designation", according to a CPA statement of claim lodged with Wellington High Court.’

Through my own experiences, I have realized that if we stay in our own areas of belief, politics alone is enough for good governance. That the Subjective pathway.  But once we come outside – we need Administration and politics alone is not enough for good governance. To the extent we ‘come outside’ we need common Administration to lead us to Good Governance. To me the above pain by Australian Accountants was their own karma in treating my Sri Lankan Chartered Accounting qualifications as being ‘inferior’ even after there was enough evidence through my performance in Australia to prove otherwise.  In other words they were ‘outside’ the local limits of relativity and hence needed global measures to assess and certify my knowledge. Taken as a whole – the Australian Professionals got their own karma back.  When I felt that I could do no more to ‘correct’ that mistake – I took legal action. The Judiciary confirmed that they were not different to the Administration. After exhausting all avenues available to me to improve the system – I recorded my experiences in my book ‘Naan Australian’. That is the true picture that would help younger Australians have a true base. The following is an excerpt included in that book  from the transcript of legal proceedings at the Admin Decisions Tribunal (New South Wales)  highlighting that karma. (Mr. Bartley was the Presiding Judiciary Officer and we were talking about why I had not been listed for an interview for a job at the University of New South Wales where I had already recorded my clever performance:

Mr. Bartley: ---- no degrees or qualifications other than chartered accountancy (Sri Lankan). Is that right?

Mrs. Paramasivam: I do have other qualifications but that is the highest.

Mr. Bartley: No, Listen to me.

Mrs. Paramasivam: Sorry

Mr. Bartley: You have no degrees and no formal qualifications other than chartered accountancy.

Mrs. Paramasivam: No I do have

Mr. Bartley: Well, what other one have you got?

Mrs. Paramasivam: I’m a member of the ---I have qualified to enroll as a member of the National Institute of Accountants in Australia which is a professional body.

Mr. Bartley: Well, you just said you have chartered accountancy but that is ---

Mrs. Paramasivam: Because that to me is the highest qualification, so.

I was recording my Truth as per MY Assessment – knowing very well that the authorities would override it. Effectively I was Sri Lankan speaking from Sri Lanka and they were Australians in Australian Territory. THAT was the reality at that time at that place where they thought they were ‘free’.  That is how sexual Rape also happens. The attackers think they are free in that environment. My marital status was thus raped and seriously damaged in Mallakam District Court  by a Colombo lawyer empowered by family members  who were sponsored by my husband and I to migrate to Australia. All that happened in front of the Judge who is part of the Administration of the Judicial Services Commission. The Judge added his part to ‘the rape’ by calling me a ‘street woman’. To the extent I felt wounded – they were all cursed because I sacrificed earned benefits and contributed to the higher status of that family for which they had the duty to show our Common values and not ‘go separate’ once their desires were fulfilled.  Using family for selfish purpose weakens our investment in ‘family’ and therefore the investment in ‘higher enjoyment’ of family life. That is how Sinhala Nationalism followed by Tamil Nationalism – claimed AFTER Common life as Ceylonese – has separated Sri Lanka. Karma happened and one leading member who empowered the lawyer  - suffered a stroke and failed to attend Court after she had given evidence and the other who was the Political influence – lost her Thaali (wedding necklace) at the Chariot Festival of Sydney Murugan Temple – that took place after she gave evidence in court and claimed that she did not receive dowry but only donation when she got married. Dowry is of heritage value. Donation is of trade value. The Thaali was found later but there was controversy in that another lady also claimed that it was hers. It was like the child in the Court of King Solomon – claimed by two mothers. Losing the Thaali  (even temporarily) is like losing the husband. My marriage is blessed by Australian Law. One who influenced through local cultural influence – got her karma back through Lord Muruga in Sydney. Like CPA Australia I also filed defamation charges against those who defamed me for marrying a second time.  But the Supreme Court of New South Wales was not able to uphold Justice. I then submitted to the Lord and am able to identify with the return karma. Had they stayed within their Vaddukoddai boundaries and not exploited the system of Thesawalamai – they would not have separated themselves from the Common Family and thus weakened their family powers. These family powers are fundamental to developing ‘protection powers’ of the Community including against rape. If it still happens it would not affect us beyond the physical level.

Mr. Basil Fernando is introducing us to his thoughts – through the recent rape of a Jaffna student in rural Tamil area as follows:

[The rape and murder of a 17-year-old schoolgirl two weeks ago, has given rise to the biggest protest seen in North in recent times. The police have announced that 9 persons have been arrested and are been investigated. DNA samples have been taken and sent for examination.

Meanwhile, the President of Sri Lanka publicly stated that the case would be tried in a special court to avoid the usual delay and to ensure justice speedily. This promise by the President is quite welcome. We hope that the investigations will be completed soon and the Attorney General will also file the indictments soon and the trial will commence.

While this move is being appreciated, it needs to be emphasized that a speedy trial in cases of rape is a right of all victims of rape and, in fact, of the community in general.

The delays that now prevail are scandalous.]

The question that we need to ask here is whether the President’s statement that the matter would be heard in a special court is a Political decision or an Administrative one? The responses from the Tamil Diaspora to my articles in relation to this rape – were to recognize the political aspect. Tamil Member of Parliament for Jaffna, Mr. Shritharan, pointed the finger at Political interference  in Vaddukoddai area.   Vaddukoddai  is the area where the first political declaration of independent Tamil State was made in 1976. To my mind, my book Naan Australian is the parallel of that  Vaddukoddai Resolution.  Both went beyond Administration available in that area at that time, to become belief based Natural Governance.  This was recognized by the outcomes  of 1977 General Elections.  But the 1978 Constitution failed to include this Governance value manifested through the Political pathway into its Administrative pathway for the next generation. This value was not given relativity through Sri Lankan Laws to remain within Sri Lankan borders.   Hence instead of separating as Rights and Wrongs – through Common Law – we divided as Sinhalese and Tamils through particular cultural values – with both sides forming natural coalitions through these ‘free-floating’ values. That is our reality and the President of Sri Lanka needs to include that in his decision making and not apply common global principles as they are to the Sri Lankan situation until recognition has been given to those independence beliefs through the First Law of Sri Lanka – the Constitution.

Those whose influence is strongly of Tamil culture – are entitled to make such declarations to communicate and share their sense of independence within local borders. But the moment they try to enforce it or use it to relate to others outside that local area – it became Bad Politics leading to Wrong  Administration and No Governance. This problem does exist in Sri Lanka – including in North. Once we go beyond local we need to use wider common laws. To remain local and independence – we need to access traditional values. Without these traditional values we risk shrinking as the Aborigines in Australia did as a Community. When we accept benefits from wider society – we are no longer local only. Migrants – especially Refugees who are strongly attached to their cultural values need to resolve problems within community borders to develop into good citizens. All those who are driven more by Community status while enjoying benefits of the whole – are economic migrants – even if they were born in Australia. Likewise in a family – all those who are driven by their local branch while enjoying benefits of the whole – are economic relatives.

To take a largely Administrative approach – this problem must be clean of political influence. Then and then only would Justice happen by treating this  on the same level as other rapes in parts of  Sri Lanka or even in Vaddukoddai area. One who is a Political victim becomes a National Political problem when the local politician fails to resolve it within the local borders. What happened at body level cannot be used indiscriminately for application of Equal Opportunity values. The field must be levelled first before equal status is allocated. As the wise in Common Law say ‘He who comes into equity must come with clean hands’.

Politically speaking – a decision by the President must first bring Neduntheevu and its surrounding areas  clean of politics before the problems of that area could be brought into the National Borders of Relativity. As per the President’s belief that  must be as clean of Politics to be Equal to  the President’s electorate of Polonnaruwa, before the two areas could be brought within the folds of Judicial Administration. The President by sharing his status seems to be doing just that.  

Neduntheevu area is a victim of outside political influence. In 2006 – the island of Allaipiddy also of that area suffered terrible tragedy. I myself felt it all the way in Mannar – when I went to Thiruketheeswaram temple towards praying for the soul of our nephew Shanmugalingam who passed away on 18 July 2006. Some armed officers were suspicious and I became anxious of being attacked by a junior officer because I was a woman. The senior officer in charge identified with my responses and I was protected on my way back to Vavuniya. Truth works for those who invest in Truth. Truth cleans Inequities.

As per Wikipedia  about the Allaipiddy massacre:[Anglican Bishop Duleep de Chickera visited Allaipiddy as part of a fact-finding mission to northern Sri Lanka. In his report he stated:

 "I visited the Allaipiddy island and saw for myself the tension that prevailed after the gruesome massacre of civilians, eight of whom belonged to one family. Surviving members of this family witnessed the killing and are likely to be able to identify the killers. The movement of civilians from this island following a threatening order presumably by a group adds to the misery of this people and to the complex nature of human suffering. In such instances the people have little desire to move and it is only a speedy investigation into the massacre and deliberate measures of dialogue and trust building between the people and the Sri Lanka Armed Forces that will somewhat stem the fear and panic and dislocation of an already previously displaced people"]

That’s how much cleaning of Political mess that needs to happen in Northern Sri Lanka before Equal Administration could be commenced.

 Prioritizing is about Relativity. To relate one needs to have firm limits and boundaries. By taking this matter to the Sri Lankan Parliament – the Hon Shritharan has taken it beyond the local borders of the Judiciary in Northern Sri Lanka. The Solution needs to clean up Political Pollution followed by Common Justice - so that the belief of the People to whom Neduntheevu is home, will flow through to National Parliament.