Gajalakshmi Paramasivam – 03 January   2016

The New Construction in Vaddukoddai - by TNA's Legal Advisor

Who is the Root of the  Hybrid System – Ban Ki-moon?

‘Sri Lanka among countries most committed to freedom, democracy & human rights – President

President Maithripala Sirisena says Sri Lanka is in a leading position among the countries which are committed to safeguard freedom, democracy and human rights in 2015.

He said UN Secretary General Ban Ki–moon affirmed that in an international summit.’ - http://www.president.gov.lk/news/sri-lanka-among-countries-most-committed-to-freedom-democracy-human-rights-president/

If the above were true then Sri Lanka does not need a Hybrid System of Judicial Governance. We also need to replace Buddhist values  with UN’s Equal Opportunity values – in Article 9 of the Sri Lankan Constitution through which the status of Buddhism is currently  raised to the higher level.

The danger in keeping Article 9 as is – is that a non-Buddhist who invokes the fundamental  value of Article 9 through Buddhist-form acquires the power of the absolute to defeat the Government that is ‘dependent’ on Buddhism to win at the political level. THAT was how the former government was defeated. The unseen, unknown component is the One that only those who invoke the Absolute identify with  – through their ownership investment in Sri Lanka – by accepting Sri Lanka – with all its weaknesses – as their Home. It is NOT for those who ‘show’ victory through physical/armed  powers nor for those who use particular form of faith – such as Buddhism to win majority power. In Hinduism this is depicted by the woman in family structure being taken as Shakthi / Energy – until known otherwise. This is needed in LTTE controlled areas where households are now apparently headed by women. If the UN is allocated the ‘winner’ status – through a hybrid system – then it automatically denies credit to minorities in Sri Lanka who genuinely suffered due to lack of status despite respecting Sri Lanka as their ‘home’. Minorities who are allocated status well below their earnings – but continue to believe in the whole - realize ownership quickly. Hence the value of Diversity and the need for Devolution to facilitate this Absolute power to support and protect Sri Lanka from separatism.

‘Asked about the progress towards setting up an international cum domestic Judicial Mechanism to fix war crimes accountability as per the joint US-Lanka UN Human Rights Council (UNHRC) resolution of October 2015, M.A.Sumanthiran said that government is drafting new laws to accommodate such a hybrid mechanism.’ – The New Indian Express

The current government which includes many members of the previous government did not at any time accuse the then government led by Mr. Mahinda Rajapaksa – of war-crimes. One could therefore conclude that the People who elected them did not have knowledge of such laws either. Likewise, Tamil Politicians who ‘included’ the LTTE did not accuse them of Terrorism. Where one does not have a measure common to the perpetrator and the victim – one who genuinely seeks justice will use her/his Truth. Truth being the source of highest law of all – will always lead to Peace. A suppressed minority – be it at family level or at National level – who accept the whole at its worst – become the real power that works the whole. Gandhi confirmed this in India.

Who therefore judged as per her/his Truth – to become the root of the hybrid system? Not one Sri Lankan known to me, other than myself -  has demonstrated genuine practice of Equal Opportunity laws at the National level. As per the above report:

‘There will be a Cabinet Sub-Committee on the development of a national Lankan identity embodying unity in diversity and another on constitutional reform. The national identity committee, headed by the Prime Minister will have Rajitha Senaratne, Sarath Amunugama, D.M.Swaminathan, Mano Ganeshan and Imtiaz Bakeer Marikkar. The Sub-Committee on Constitutional Reform, also headed by the PM, will comprise Mano Ganeshan, D.M.Swaminathan, Rauff Hakeem, Rishad Bathiyutheen, Susil Premajayantha and Champika Ranawaka. The nine-member Technical Committee to advice on constitutional reform will be headed by constitutional lawyer, Jayampathy Wickramaratne, and will have representatives of all political parties in parliament.’

The basis of Unity in Diversity is Equality until known otherwise through a Common Measure. One driven by Truth – as Gandhi was and I was/am in my environments where I develop management structures – will keep her/his distance from a person of different culture, to the extent of that diversity. Diversity confirms our preservation of heritage. The Australian lady who criticized the Sri Lankan President using the bra-throwing incident – did not use her own Truth at National level in Australia – through which to identify with the Truth of the Sri Lankan President and then use global measures to find fault with the Sri Lankan President of diverse culture. That is the way of those who ‘take-up’ high positions because they are ‘related’ to the persons in high positions. To use mere knowledge – that lady needed to submit her work to the UN first (as I did). To the extent such submission is based on our Truth – the Lord hears us. Anyone who truly hears us – as if they were a part of us – is messenger of the Lord.  Indiscriminate use of ‘freedom of speech’ as if this lady was the boss of the Sri Lankan President – returns the karma to the user – and her/his home as ‘Terrorism’ by invoking the opposite in parallels who would rebel prematurely  by copying blindly.

The Australian lady’s measure ought to have been rooted to Australian culture. To express such with authority – representing the whole of Australia – majority Australians of current times ought to have preserved such heritage of modesty and/or it ought to be the law common to all Australians. The lady did respond promptly to my communication – but not so the Sri Lankan High Commissioner to whom the lady had addressed her communication. I conclude that the Sri Lankan High Commissioner is being negligent of his duty. He would not have if he had recognized and valued my offer to share my wisdom in Equal Opportunity values in global governance.

Laws facilitate Common investment. On their own they have no value beyond the paper they are written on. When I refused to accept the instructions of the American trained Vice Chancellor at the Australian University, who wrote to me through his staff – not to assemble to see him – the prosecutor asked me in court – that exact question – whether that instruction was not worth the paper it was written on ?? I responded that it had no backing of the law – as the University was Public Property.  The Vice Chancellor needed to use his Truth to identify with my Truth and that would have informed him that my feeling of ownership of THAT University was deeper than his – due to the sacrifices I made to remain harmonious with the very community that used my services but failed to recognize my status as per the merit of my work or take me at Equal level until known otherwise.

The Australian managers are not alone in this. Sri Lankans – especially Tamils who are complaining that the Tamil Community has been unjustly discriminated against – are likewise failing in their duty to seek and find those who carry positive karma in Equal Opportunity values. They are instead nodding their heads to those who would give them easy ‘right-ticks’. As per Ceylon Today article ‘Wiggy Chairs two different councils’:

‘A couple of days after the formation of the TPC (Tamil People’s Council) a one to one meeting between the TNA Chief R.Sampanthan and the Chief Minister Wigneswaran was held at the residence of President's Counsel Kanageswaran , the son of the late Senator S. R. Kanaganayagam. The meeting was held in Colombo where Sampanthan and Wigneswaran were given an opportunity to discuss openly their differences.’

Just this morning, during Bhajan (group singing) at our  family temple, I was looking at the new constructions coming up in the neighboring property at Sangarathai-Thunaivi junction. The owner is none other than President’s Counsel and TNA’s legal advisor – Mr. Kanaganayagam Kanageswaran.  When construction work started initially and the folks of Thunaivi rang me – I contacted Mr. Kanageswaran on the phone from Sydney – to express my support – for the ‘project’ work that he was reported to have planned for that area. Mr. Kanageswaran stated that they were merely doing work for ‘private’ purposes. To date – there has been no contact from Mr. Kanageswaran – despite the regular emails sent to him about my work in Vaddukoddai and more importantly Thunaivi – which due to its isolation carries high risk of reverse discrimination. To my mind therefore – TNA’s investment in such personalities would take us back to the caste system – this time – for reverse discrimination. Despite abuse by some – the caste system is a healthy for the Tamil community – due to its work-based order. Those who abandon the caste system – without greater investment in a new system of Equality which is part of Democracy – would be driven by emotional freedom. Those who think they were discriminated against – would copy their parallels in the community of  perpetrators – but without the root /Truth of that culture. LTTE copied JVP. This has resulted in disconnection with our own roots. LTTE claimed that the Sri Lankan government was undemocratic. They did not use the measures of the system of Democracy – to so claim. Tamils who accepted the LTTE leadership carry negative karma in terms of Democracy. It is therefore the duty of Politicians who identify with the Truth of the LTTE to first take the higher position – not as per the official status – but as per their Truth. The law of Thesawalamai is the only structure that has been common to Northern Tamils of all castes. One has to start with the known common law – however unfashionable it may seem to the modern mind. A hybrid system is the parallel of LTTE takeover.

Where they find a citizen whose Truth covers wider sections of society than their own Truth does – Politicians need to humbly submit to the authority of that citizen’s Truth – and merge with them. THIS is the example set by Buddha. It is that citizen’s Truth that the people are entitled to have as laws that would lead their children to true independence. Any new law which fails to have Truth as its base – will add to the disorder in the Tamil community. Any new constitution without the Government including such Truth – would infect the new constitution with past dues that were not paid during the period the old constitution was active. Like in rebirth – only the Truth must be taken into the changes made to the existing constitution. Anything less – would extend today’s problems into the future.

The Sunday Times of Sri Lanka article ‘UN declares Vesak as ‘floating’ holiday’ – confirms to this true UN insider – that there has been a quid pro quo for the hybrid system through Buddhism:

‘The 193-member UN General Assembly, which in 1999 declared an “International Day of Observance for Vesak” — on the initiative of the then Foreign Minister Lakshman Kadirgamar — has gone one better, this time declaring May 20 this year an unofficial UN holiday for Vesak.

Respecting the diverse religious affiliations of UN staffers, the General Assembly unanimously adopted a resolution last week recognising seven new UN “floating holidays”, including Vesak, Orthodox Good Friday, Yom Kippur and Diwali.’

The ‘timing’ confirms the lower order of the minds that have abandoned the higher responsibility. To Hindus of Sri Lanka – Thai Pongal – the Festival of Farmers in January – is more specific to the Sri Lankan Hindu than is Deepavali. Hence declaring Vesak as a ‘floating’ holiday - at this time when Sri Lanka has a need to develop a Truth based system of Diversity and Unity – confirms that the UN is trying to grab attention to itself by using Sri Lanka. To the Sinhalese Buddhist – it is a cheap trade-off. To the Tamil Hindu – it is yet another demotion through religion.