Wednesday 16 September 2015

Gajalakshmi Paramasivam – 16 Sept  2015

Who is the  Boss in Sri Lanka - Britain?

As per today’s news reports – our new Australian Prime Minister Mr. Malcolm Turnbull has the approval of over 70% of voters. I liked Mr. Abbott and identified with the humanitarian side of  him – especially through the Tragedy of Bali 9 leaders – through which experience I learnt that Mr. Abbott did not inherit Mr. Howard’s genes in regards to Racism. That is how Truth is shared naturally when the Government becomes a facility.

As per my observations – the Sri Lankan President Mr. Maithripala Sirisena also did not inherit the war genes from his former boss Mr. Mahinda Rajapaksa. Mr. Sirisena is a facility and if he continues to be so – he would be a source through whom Tamils could facilitate their own clearance to bring about closure to their war related experiences.

Mr. Turnbull on the other hand – is outstanding in his Business Leadership in addition to not being driven by race based subjective power. I learnt this through his regular email communications  as if I was an important member of the Public. The communication need not have been in any particular form – even though it was in this instance. The higher minds communicate at the less visible level through common values. To my mind, Mr. Turnbull is the parallel of Mr. Ranil Wickremesinghe.

As per recent reports Prime Minister Ranil Wickremesinghe is reported to have briefed Indian Prime Minister on the development plans aimed to resolve reconciliation issues so that "all Sri Lankans are treated equally" and "together we look at the future".

The move towards Zero Base Budgeting would facilitate the development of self-governance and thereby confirm Equal Opportunity values. Towards this, both side leaders  need to use their position status only to preserve the good values and lessons learnt in the past through experience, and for the rest,  produce objectively measurable outcomes as per their interpretation of the laws and policies governing their respective positions.

If Mr. Sampanthan is therefore the parallel of  President Sirisena – then Mr. Sumanthiran is the parallel of Prime Minister Wickremesinghe. That is when there is equality in leadership. It cannot happen by one side handing over to the other.

Through   Vaddukoddai Resolution 1976 Tamils assumed such parallel positions. But we lost it due to going back to Subjective management which eventually resulted in damage to the Political leadership by the armed forces. After the 2015 Parliamentary elections, while the Public were waiting for the confirmation of TNA’s Leadership position in National Parliament – we did not have a parallel of the Vaddukoddai Resolution – declared by TNA. If we had, we would have honored all those who lost their lives and livelihoods due to the Manifestation of Tamil belief in self-governance through Vaddukoddai Resolution 1976.
As per news reports on this :

["You can`t just pay compensation and forget about it. We need a credible political solution," said Siddarthan, leader of the Democratic People`s Liberation Front]

In contrast following is the report  about Mr. Sumanthiran of the same TNA on this issue :

[The Tamil National Alliance (TNA) has had talks with the British Government and noted the need for full international participation in all mechanisms established to advance transitional justice in Sri Lanka.
TNA Spokesperson and Member of Parliament for Jaffna M. A. Sumanthiran met Hugo Swire, Minister of State at the Foreign and Commonwealth Office of the United Kingdom on the sidelines of the Human Rights Council sessions in Geneva.]

The so called international community would ‘forget’ about the Sri Lankan problem at its roots – once compensation is seen to have been paid. As per my observations this is true of the Diaspora Leaders who also talk ‘down’ as if they are part of that International Community Leadership.

At a recent Australian Tamil Diaspora meeting – figures about project estimates for war affected areas were published towards attracting funds. The presenter as per my knowledge was new not only to Development Programs but also to Projects. During question time, I sought to ask the presenter questions to correct the money values of costs involved but was cut down on the excuse of time. This would not have happened in Sri Lanka – where I am recognized as a Chartered Accountant.

But Truth prevailed through  a fellow member who values my work at grassroots level. This member rang me and asked me about what I had wanted to say at the meeting and said ‘we want to learn from you and improve our service quality’. I then explained that the figures – relative to the projects we fund – are excessive in their cost values.  I did likewise a few years back - at a meeting organized by our Australian Department of Foreign Affairs and Trade. In their case the costs – for housing - were way below our projections based on our personal experiences – adjusted to accommodate victims’ lifestyles. The Diaspora leader who did believe in me asked me as to what they could do? I said that the person/group that seeks to fund must go and live in that area as it is NOW and mentally do the work as if it is for her/himself. Otherwise there is the real risk of reverse discrimination due to money power which would deteriorate the Human Value Structures that the people of that area have invested in. Some would include Independence value through true war-heroes.

The risk of rushing through Development Projects to ‘show’ outsiders is takeover by those who can ‘show’ better results to impress sponsors who lack inner knowledge of local systems. I witnessed this during Tsunami Reconstruction work in Eastern Sri Lanka and later War Recovery and Reconstruction work in Northern Sri Lanka. In both instances the local temples where the local folks gathered became my Electorate Office where I learnt the Truth confidentially and used it as my own. Hence my recommendation yesterday about using local places of worship for the Compassionate Council recommended by the Sri Lankan Government.

In one instance when I accommodated a youth leader from a disenfranchised community to use our office he started changing the ‘structure’ of our office – similar to Mr. Wimal Weerawansa’s stand in relation to the Leader of the Opposition position in National Parliament. As per my deeper search – the President confidentially disciplined him before the final announcement was made – naming Tamil Political Leader - Mr. Sampanthan as the rightful candidate for the position. In the case of the above youth leader I kept advising him and asking him until he said ‘he wanted his own individuality to show in the arrangement’. I then encouraged him to seek another office space within the same complex and am funding him towards this. During the ‘advisory question session’ I said to him that he had the responsibility to uphold the values for which he was funded by UNDP. I believe that if not for my leadership in presenting their work and their needs based on their investments thus far – he would not have received that UNDP funding. But later when I asked him to not have a bulky piece of furniture in our training area – he said that it was out of UNDP funds and that they would find fault with him if they came for inspection!! These are all symptoms we find with rebels in parliament who are yet to pay their dues to enjoy the benefits of Government structure as per the Mother of all National Laws - the Constitution. Once they are in occupation – they tend to  separate the benefits and ‘possess’  the structure through such benefits. This to me is a big challenge when we invite the International Community – to be part of the solution. Unless they are common to both nations – they would tend to relate at the surface level through the seen and the heard.

Where was the British Government – when the announcement of the Leader of the Opposition position was being delayed by the Sri Lankan Government? Where was Mr. Sumanthiran’s ear – when I was shouting as a lone voice in the wilderness of  independence asking why TNA was silent? Where was the UK based - Global Tamil Forum with whom Mr. Sumanthiran colluded earlier this year in London?

I cite again article 2.2  of the International Convention on the Elimination of all kinds of Racial  Discrimination, regarding Affirmative Action with particular reference to its limitation:

[ States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved]

A good example of inappropriate advice in this regard has been published by Ceylon Today under the article headed  “Modernize courtrooms” – AHRC

[Director of Policy and Programmes of the AHRC and the Asian Legal Resource Centre and Right Livelihood Award/Alternative Nobel Prize Winner, Basil Fernando said that this meant the provision and allocation of financial resources for the increase of judicial officers as well as other human resources, along with other investments such as in regard to creating adequate space for Courtrooms, and also improving the communication structure.

Starving and neglecting the judicial institutions by the refusal to provide adequate budgets became a feature in Sri Lanka, since former President J. R. Jayewardene adopted such a policy. He also said that in order to enjoy excessive powers, the Executive Presidential system needed to undermine judicial independence

Such injection of funding is in breach of the principles governing Zero Base Planning & Budgeting.  As per my direct experience – lay litigants have very little power in those Courts – much less than in Australian Courts. To the extent citizens practice the law at its highest level in that environment – they are equal to the Legal Fraternity. Truth stated under oath in a Court of Law is Equal to the value of the applicable law as interpreted by the Judg/Jury. If the Courts had been accessible on the basis of Truth – JVP followed by the LTTE would have been nipped in the bud. Relative to the Public – members of the Judiciary already have higher facilities in Sri Lankan Courts. It is Judicial Administrative Service covered by the Registrar/s that needs to be facilitated to be more Democratic. Citizens need more training in how their cases need to be presented.

Earlier this year – when I had to appeal the decision made by a lower court – and it looked as if our lawyer would not apply to obtain a copy of the order before the deadline, I moved on my own -  talking every day to the Registry - and finally obtained a copy of the order just a couple of days before the date on which the Appeal was due. Even that order was delivered by the Judge only after I wrote to the Judicial Services Commission – stating that the delay was unacceptable. There was even confusion on whether the order was interlocutory or final with  Lawyers contradicting each other. I treated it as interlocutory and applied for Leave to Appeal. The Appeal Court in Jaffna did accept it but I doubt that I could have argued my own case on the basis of my Truth and my understanding of the law.  Ultimately – a good Judicial process starts with the Public and its value ends with the Public. When it stagnates in-between – one must know that someone has abused power. There are many such Buildings in Northern Sri Lanka – idling due to excessive funding while the victims are still suffering.

 If genuine access had been facilitated by the Judiciary – Mr. JR Jayawardene would not have come to power and we would not have had the Asura/Demonic changes to the Source of the Spirit of our Justice system - the Constitution.

The Constitution is the Parent that is the Nuclear source that supplies Sovereign Powers to all parts of the Nation. The Parliament is the womb/temple that holds that Original Power. When the womb is damaged – supply is damaged and in some cases there is total disconnection to the origin. The Judiciary is a main part drawing independently from the Constitution and if the Judiciary itself fails to be connected to the Source -  it fails itself and its people.

Under the proposed system of funding – the Judiciary’s allocation needs to be reduced each time the Judiciary fails to reflect its Sovereignty – its own god within and such is established by litigants. As per the Sri Lankan picture that has already evolved – the Judiciary needs to be accountable for the funds allocated to it on the basis of user satisfaction.  This would go a long way to strengthen the Zero Base Planning and Budgetary system at National level and also in minimizing the risk of reverse discrimination – the origin of Terrorism.

As demonstrated by Mr. Sumanthiran who failed to hear me but opens the door to the British - International players who come with their Status Consciousness – would be easy pathways for money without Accountability. Accountability needs to be deep enough to account for Human and Cultural Structures particular to an area. The funding authority needs to feel part of that system at that level or feel connected to one who is part of that system – as if the two are One.

To lead the bottom-up development in Sri Lanka’s war-affected areas  – British – be they of Sri Lankan origin or otherwise – need to have had the experience of Racial Discrimination pain and loss at National level against their own government at the time of experience  -  and demonstrated experience in  self-closure using the Sovereign Powers within.  If there is such a person within Sri Lanka – that person is the Queen/King of Development for the People by the People. Former President Madam Chandrika Bandaranaike Kumaratunga and Prime Minister Ranil Wickremesinghe are victims of Racial  Discrimination by Tamils. I do not know yet whether they have completed their experiences with appropriate closures by reporting to their own god within. May be they did  through Common Government. We will observe. 

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