Gajalakshmi
Paramasivam – 28 May 2016
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| Australian Tamil Management Service in Vaddudkoddai - Upholding Common Global Values |
Australia Deporting the
Immunization against Terrorism
At the Opportunity Shop here in
Vaddukoddai, Northern Sri Lanka, I take the ‘position’ of Sales person. One
young customer of about 11 asked me the other day when I was a bit late in
opening the shop - whether ‘they’ gave me the keys to the shop? I smiled and
said ‘yes’. I was also the ‘they’. But given that we were also training young
ones to be orderly workers – I did not elaborate that I was the boss and that I
was also the worker. While at the shop - I work without break – to clean the
shop, wash the utensils, prepare the food and then lay it all out to attract
the young students and once they are gone – to clean, tidy up and implement the measures
before taking the 4 o’clock bus to my home-suburb of Thunaivi. The students
come after school and to me every student-customer is important. I believe
through my experience, that when we care genuinely – we connect ourselves to
the minds of those about whom we care and the sharing happens naturally. That
to my mind is the way the Lord’s system works. When selling I do not think of
the costs. When the cash box fills mostly with Rs 20 notes (Australian 20
cents) I feel full. I bring the money home and keep in front of my mother’s
picture and thank her. I believe that to the extent my mother invested in such
activities to the extent of developing ‘wisdom’ I am also Energized. My mother
often took the express pathway of attributing credit to her grandfather A.M.
Pillai - who was an outstanding business-leader in Burma. At this stage of my life I am able to not worry
about balancing the costs and sales at money level. The separation at
mind-level helps feel the fulfillment through box full of Rs. 20/- notes.
In this process of ‘thanksgiving’ , I have
learnt that Time & Place – known as ‘change agents’ are also the vessels
that give form to our Energy. Hence we celebrate through memorials and
anniversaries.
The sacrifices made by Tamils who fought
for Equal Opportunity through their respective structures - was given form as Vaddukoddai Resolution 1976 which was
confirmed by the system of Natural Justice through Tamils even though they were
only about 25% of the total population, becoming the Equal Opposition in Sri
Lankan Parliament in 1977. The suffering of Tamils during the 2009 battle to
eliminate the LTTE demoted the Sri Lankan Government to a lower standard. One
does not need proof to know this as an insider. The victory was very much local
due to the pathway chosen.
When Tamils – especially those who
contributed to Equal Opportunity values in the new Nations that have become
their home - gave form to their pain and loss through this ethnic conflict - there was a position earned and taken by them.
In many ways – I also created this kind of ‘position’ and became a
lone-operator at the physical level to maintain my wholesomeness in its purity –
undiluted by empty theories which by my silence I also had been confirming. I ‘came-out’
through my legal actions against those who had the responsibility to uphold
Equal Opportunity practices. Part of that form was the then Prime Minister John
Howard who was present with the American President during 9/11 attacks. I knew
then that the system of Natural Justice had delivered its verdict. Knowing this
was important in determining the kind of work I was to undertake to protect
Australia from such attacks. Each one of us Australians, contribute to the
Energies of that place called Australia. The positive ones happen through
wisdom and/or common faith. The negative
ones happen through ignorance and/or selfishness.
As per the WA Today news report :
[A Sri Lankan asylum seeker who has lived in WA since arriving illegally
by boat in 2012 has been ordered to return back to his home country, despite
telling authorities he feared he would be persecuted for his religion.
The
Federal Court of Australia on Friday dismissed the Tamil man's application to
have a previous decision not to grant him a protection visa re-heard.
The
man, whose name has been suppressed in court documents, claimed he fled
Sri Lanka after his father was shot and killed by the Sri Lankan army and he
and his family were captured and beaten by separatist group, Liberation Tigers
of Tamil Eelam, in 2008.
The
Sri Lankan army and LTTE were engaged in civil war from 1983 to 2009.
The
man arrived in Australia in August 2012 and applied for a protection visa
in May 2013 on the basis of his Tamil ethnicity.
He
claimed that prior to his arrival in Australia he had been forced to
undergo physical fitness training by the LTTE and, since leaving, Sri Lankan
authorities had been looking for him.
A
delegate for the Minister for Immigration and Border Protection refused his
application in February 2014, saying that he did not accept the Sri Lankan
man had suffered discrimination as a Tamil.
In
February 2015, a tribunal supported the delegate's decision, ruling
that it was most likely the man's long-term unemployment that had led him to
seek asylum rather than a fear of persecution.
A
Federal Court of Australia Judge also upheld this decision in November 2015.
"While
the (Tribunal) accepted that Tamils in Sri Lanka continued to face a
degree of harassment and discrimination on account of their ethnicity, such as
difficulties accessing employment and disproportionate monitoring by security
forces, it did not accept that this amounted to denial of their capacity to
subsist, serious physical harassment or any other form of serious harm,"
Friday's Federal Court response to the man's appeal application read.
The
man, who represented himself during the proceedings and required an
interpreter, applied to have the judgment set aside, arguing that the Tribunal
decision did not give enough weight to his father's death and his
capture.
He
claimed that although the civil war had officially been declared over in 2009,
treatment against Tamils was still "severe".
If
he does return to Sri Lanka, he will likely face a short term of imprisonment
for unlawfully leaving the country. ]
To my mind, the above decision by the Australian
Tribunal upheld by the Federal Court confirms the narrow span of mind by
Australians who benefit from the global status as providers of asylum but lack
the wisdom to escalate the matter to global standards.
The statements of claim by the above
applicant include:
that [‘he fled Sri Lanka after his father was shot
and killed by the Sri Lankan army and he and his family were captured and
beaten by separatist group, Liberation Tigers of Tamil Eelam, in 2008]
Those who have had the Sri Lankan war-experience would identify
with the above without needing external evidence. So long as the applicant was
able to confirm that his father died and his family was in custody, due to the
actions of the Sri Lankan Army and/or the LTTE – he was entitled to be taken as
a genuine applicant. By representing himself he had earned the right to be
included on the basis of his belief as given form by him. The same events as experienced by an Australian, including Judges
of the Federal Court – would be given different form as per their experience. Like
two religions going towards One God - both would be right – provided they are
based on Belief as per each one’s Experience. As per the above report:
[While the (Tribunal) accepted that Tamils in Sri Lanka continued
to face a degree of harassment and discrimination on account of their
ethnicity, such as difficulties accessing employment and disproportionate
monitoring by security forces, it did not accept that this amounted to denial
of their capacity to subsist, serious physical harassment or any other form of
serious harm," Friday's Federal Court response to the man's appeal
application read.]
The above description which
appears to have been included in the Judgment confirms that the Federal Court
judge has given her/his own form to the claims of pain and loss suffered by the
Applicant. It is the parallel of the
Federal Court effectively stating to me that white Australians also were
victims of unjust discrimination at the
workplace and hence my claim of Racial Discrimination was ‘lacking in substance’.
That may be as per their Experience based belief. But when in the Judge’s chair
they have to use the Higher Common pathway – which in this instance is the
pathway of Global Laws.
Like the above Applicant I was also self-represented
including when I complained against former Prime Minister John Howard, whose
judgment was eventually delivered through 9/11 followed by Bali Bombing
followed by loss of his seat in Parliament. Those of us who need to ‘see’ need
to manifest our side. If our side is belief based the other side is naturally
developed as an Equal Opposite but often waits for the right time and place to
manifest. The right time and place for that person/those persons would not be
the same as the right time and place for me. Hence the separation by time where
the place is the ‘same’. If the place was different – then the time needs to be
the same for a just decision. Australia was home to both – Mr. Howard and I and
we were both required to practice Australian Laws. When we do so – we naturally
become the Equal the other side - attractive
to the each other – as woman is to man and v.v. Given my genuine investment in
global values/commonness – I identified with the other side during my lifetime but
away from Australia. When separation happens through Time – we do not ‘see’ the
other side.
The above ruling by the
Australian Federal Court demonstrates separation of time as well as place and
hence there is very little commonness between the Sri Lankan applicant and the
Australian Judges. The Sri Lankan Applicant presented his facts which need to
be taken as being Belief based until proven otherwise. Racial Discrimination
cannot be set aside and replaced by general merit based assessment, in the case
of victims of ethnic conflicts. The common victim does not need to know whether
s/he suffered due to personal attributes. All s/he needs to establish is that
s/he is a member of the victims’ group and that s/he suffered due to the words
and actions of the person in authority. At the citizen’s level it would be
difficult to claim racial discrimination if the other side were of the same
race as the victim. Continuous suffering leads to our own reasoning and so long
as they are belief based they take precedence over external reasoning –
including through the legal pathway. Hence prescriptive rights which are
officially recognized in Sri Lanka. The
above Applicant’s claim is the parallel of one who claims ‘prescriptive’ rights
due to continued and undisturbed reasoning as known by her/him. The Australian parallel
that comes to mind is de-facto marriage.
A self-represented litigant
should not be overpowered by legal theory, the same way one should not apply
marriage laws directly to de facto relationships. In the system of Democracy, a
self-represented litigant is entitled to not only equal opportunity to access
the hearing of the Court through equal allocation of time but is also entitled to be
heard first as if s/he is right until proven otherwise.
Australia which does not
look down upon de facto marriages culturally as well as officially, has the
responsibility to use that pathway when assessing those who have been denied
equal opportunity to access Common Official Facilities. In Sri Lankan Courts –
criticism of lawful second marriages are heard by judges who are easy-going and
fail to discipline lawyers who choose that pathway to reduce the status and
mind of the opponent. This kind of mind-lowering happens also with any unjust
subjective discrimination.
As per the above report – the
Australian Government stated/asked and was granted:
that [it did not accept that this amounted to denial of their capacity to
subsist, serious physical harassment or any other form of serious harm].
When the mind is
continuously in low-order – the denial is self-inflicted. I am proof of this. The
Federal Court was entitled to rule as per the Law but it does not have the
authority to change the form of ‘facts’ by
one side or the other.
If indeed this Applicant
had suffered genuinely but could not escalate the expressions to suit the Judge’s
mind-order then the ‘other side’ would happen in two different forms when the
Applicant gets back to Sri Lanka. This might be better for the Applicant under the current government in Sri Lanka –
but only if this Applicant stays away from his previous ‘home-area’. If the
Applicant returns to the area where he experienced the pain and suffering to
which is now added the humiliation of being deported – he is more prone to
influences that would lower his mind to the extent that he may even commit
suicide. Displacement to a more free environment helps us cure ourselves. My
advice is for this Applicant to stay close to Colombo which is the place where
global values are being developed due to the commitment of the current
government. In the alternative this Applicant could stay closely connected to
the Australian Tamil Community through ongoing development projects of global
standards. Then he might find that - not only does he have enough financial
resources to be free of financial-debts but also have access to the
consolidated value of the Global Tamil Community AND quicker access to the wisdom of his
traditional elders – Resident in the local area.
Australia, in turn needs to
work to negate the ‘other side’ developed by this one-sided judgment , if it is
not to develop the cancer of anti-terrorism fear/anxiety which also lowers the
mind of those obedient to and / or dependent on the Government. The above
Applicant – to the extent he did suffer due to the war – was the Immunizing - Prevention
Medication through the practice of global laws. By deporting him last Friday –
Australia deported its own Immunization.
One who uses the Authority
of Global Laws needs to see both sides as Common litigants of the Global
Community.
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