Thursday 1 October 2015

 Gajalakshmi Paramasivam – 01 Oct  2015

Victims’ Justice Before Victor’s Justice

News Headlines:

1.      [The High Commissioner for Human Rights Zeid Ra'ad Al Hussein today presented the report of Office of the High Commissioner for Human Rights (OHCHR) on "promoting reconciliation, accountability and human rights in Sri Lanka"]

2.    [Govt cannot dance to the tune of foreigners - Gomin Dayasri
The Sri Lankan forces should not be penalised for liberating thousands of people from the grip of the LTTE. War crimes allegations should have been investigated soon after 2009 to prevent white nations waging a witch-hunt, said famed legal luminary Gomin Dayasri adding "This is where the former government missed the bus".]

When we combine the two – we would find the solutions WE need.

The UN to my mind is a FACILITY. Anyone who practices the law above the level of the highest official in command at that place at that time – is a Governor with ability to work the Spiritual powers of that place. THIS is what Gandhi had. I believe that I also had this power when I took our Australian Prime Minister to Court. There is no higher law than the path of Truth. Hence one who upholds the Truth is the true governor.

Mr. Dayasiri who made the declaration in 2 above –confirms this by stating:
[The presiding judge must wear the cap of a commanding officer of the particular unit that committed the excesses in deciding the above queries. There is no jury and in his seat sits the commanding officer. This is known as the 'victors law' and we are the only 'victor' to be punished for overcoming dreadful terrorism.]
As per my knowledge – when Tamil Politicians staged Sathya Graham and other forms of non-violent non-cooperation – they were confirming this principle of belief based self-assessment and  Judgment on which Victor’s Justice is applied.   Many were ‘punished’ for so doing. Had it happened in the presence of an official who practiced the law at a higher level than the Protestors – then yes, the actions if found to be in breach of the official law – are punishable.

From the moment the UN was part of the team in LTTE controlled area – it became the Global Judge for the stated particular issue for which UN was there. Only someone who practiced the global laws and principles above the UN official present at the place at the time for that issue – has the authority to judge all – including the UN. If this was a victim – then the Community that the victim is part of,  is entitled to Judge not only the Sri Lankan officials involved but also the UN. A victim who escapes from that area should not be tried by any other officials who have applied Victor’s Justice – knowingly or otherwise. The shoes of the victim without the protection of the law -  also needs to be worn by a judge before the judge is entitled to wear the cap of the victor.

The example that comes to mind is a situation in Thunaivi village within Vaddukoddai area in Northern Sri Lanka. We donated land for a pathway in this war affected area – so the villagers could access the main road more comfortably. The understanding was that NECORD allocated funds would be used towards developing and maintaining this road as compensation for the war affected area.  Soon after we promised this donation for the pathway we learnt that  the villagers were  looking for land to build a Development Secretariat to improve the Law and Order situation in that high risk zone where the presence of armed forces was very much a reality. We donated more land to meet this need – and the two pieces were taken as ‘One’ pathway – as per the deed of donation. I believe now that the Divine Powers of Legal Justice accumulated by me over the years – worked to move the hand of the Lawyer – Mr. Murugesu Sabanathan – who gave form to the deed – as per our genuine intentions. Without that clause – it would have been very difficult for us to demonstrate to Government Officers – now in control of that donated property - that they were acting in breach of the purpose of the Donation – which was clearly stated as ‘War Rehabilitation through NECORD’. I see parallels of this in the genuine soldier in the official army and the combatant in the LTTE army who Believed in their stated cause. The way  Attorney at law Murugesu Sabanathan’s hand was driven by Divine Powers, leaders in many issues related to the war – have included their ‘Wording’ in the shoes of the Victims. I did this first here in Australia – against the Central Administrators of the  University of New South Wales driven by an American trained Vice Chancellor whose practice of Law was way below mine. God then wore the cap through the Chancellor – and dismissed the Vice Chancellor who had me punished for Peaceful Assembly. Believers would recognize the connection.

The string of words –"promoting reconciliation, accountability and human rights in Sri Lanka" –written by the UN High Commissioners for Human Rights  are empowered by all of us who feel in the victims’ shoes – Victims without the protection of the  Government and without protection of the Observers with Global status.

The basis on which the above property was donated is being fulfilled by us – the donors and not by the Government of Sri Lanka. There are many weaknesses in that area due to lack of ‘structure’. In terms of Structured Administration that area is weaker than Vanni – the LTTE controlled area.  While I myself do not practice the caste system – I  observed that those from that area Traditionally of Toddy Tappers – who accepted the caste based hierarchy as per the jobs performed – were more orderly than those who discontinued – and were disrespectful of their parents. The latter tended to practice reverse discrimination and are actively involved in activities that would be considered unlawful within LTTE groups. This surfaces when they are left in charge of ‘Common Property’ and are given ‘Common Status’ – the deeper reasons for ‘taking’ that Donated Property. But once in their custody they do not know what to do with it. When offered help – they rejected it – as the Government rejected the Hybrid Court.

I have now reversed the Donation and informed the local representatives of the Government (the parallels of the armed soldiers now in trouble)  of such reversal. Barbed wires installed by the ‘Local group ’ out of Foreign funds – to separate our property from the Donated portions were removed when I informed them recently of the above reversal. But the ‘locals’ who carried out the tasks – left the barbed wire remaining in front of our gate meant to facilitate entry into the Donated block – which legally is a public pathway now. But like with the Sri Lankan armed forces at ground level – it is difficult to explain all this to the women’s group who cannot even be contacted by phone by the villagers – including myself.  As per Truth – we donated that land for US to Manage the  Development work. Management is a combination of Truth and Administration. Where Administration is weak – one needs to use higher dosage of Truth to help a group merge with wider world – for Truth is a Natural and Autonomous Binder.

The Jaffna Government Agent has facilitated us to keep going – and use the water tank built by us – and which is remaining idle. I have written to the Government Agent that I consider the blocking of  our entry to the Common pathway – to be  illegal and given that it was done against me  - I considered it to be a violation of Human Rights to use the Common pathway to access MY property – the Water Tank built out of MY funds on MY property. Donations get revoked when the purpose for which they were donated is damaged through the actions of the Donee or the Donor. Given that this is considered a high risk zone – one could conclude that it is low in Law and Order relative to other areas around it. At the time of Donation - the leaders in that village themselves declared that they were ‘disenfranchised’. The Public Officials for whose offices that building was built – are yet to come there after the building was handed over to the local Women’s Group in 2008.

There are many such properties so decaying due to lack of ownership by the Donors and/or the Donees. Such Donations like orphans are DUMPED to be PICKED up by those greedy for handouts.  At least one side needs to be true to itself to have the right to wear the cap of Natural Justice to complete the experience at its highest.   If  UN Human Rights Commission’s work is to be valuable to all investors in Sri Lanka, we need Donations that make us FEEL good and not just ‘look good’.

As per my experience – Sri Lanka has enough Spirit of Independence / Self-Governance in North as well as South – to work the Bottom-up system of Democracy. Towards facilitating this – Government Officials need to be trained to recognize  and support citizens without portfolios but acting as facilitators through Service. In Vaddukoddai area – this happened more comfortably with the Pradeshya Sabai  (Provincial Governance) whilst I had to escalate the problem to Government Agent – Jaffna in terms of  Central Administrators. Foreign experts included in the US led UN Resolution need to first  satisfy themselves that the Foreign Donors are Accountable to the Stated Purpose of their  Donations. This is essential due to many claims that the American Government is in it for its own purposes and not out of feelings of  Common Global Care. 

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