Saturday 28 May 2016

Gajalakshmi Paramasivam – 28 May    2016

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.

A Federal Court Judge has dismissed an application by an asylum seeker to have his case reheard.  
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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