Gajalakshmi Paramasivam – 05 July    2016

Independent Eelam or Equal & Adverse Sri Lankan?

Recently, I received an email from Tamil Broadcasting Corporation – referring me to the discussion in their Nerukku Ner (Face to Face) program about amendments to the Sri Lankan Constitution. It was a healthy discussion and is likely to lead to Global Reserves in the Intelligence bank of the Tamil Diaspora.

My friend Gwen said after reading one of my articles ‘Tell me which side is winning’. Gwen said that that is what she says in terms of cricket because she does not understand the ‘unders and overs’. If it is about University issues – Gwen relates through her own true experience. We need only our Truth to have the Experience through manifestations. The deeper the mind, the higher the pathway through which the experience happens. The higher the pathway  the more inclusive we become.

In Sri Lankan issues, missing has been participation in the matter  of the appointment of the Central Bank Governor which is a highly political issue and not yet  an administrative one. TNA’s contribution as Leaders of Opposition in Parliament, was conspicuously missing. This then means that under TNA Governance  – one would need to ‘import’ persons to such positions. This kind of emptiness happens when one is overly emotional/political.

During the time TNA ought to have actively participated in the above issue – TNA’s leading member has demonstrated focus on Hybrid Court issue. One could understand that educated Tamils have lost confidence in the Sri Lankan system of  Governance and are investing more and more in Global Governance. The Global Tamil mind needs to be applied in Sri Lankan issues to raise matters to Administrative level away from Political clutches. As leading opposition in Parliament – it is the duty of the TNA to raise Politics to Administration through higher pathways. Unless Tamils feel Equal – they would develop Eelam for Indigenous Tamils directly controlled by the Tamil Diaspora. The laws understood by the former  are evolved versions of Thesawalamai which would not apply to Eastern or Hill Country Tamils.

There is a difference between ‘Foreign Judges’ and ‘Global Judges’. Foreign Judges would replace Sinhalese Judges with their country minds. To prevent this, the Sri Lankan issue needs to be first raised to the Administrative level by the TNA and other Tamil leaders in Sri Lanka. In the Central Bank Governor’s matter – TNA as well as the Tamil Diaspora demonstrated bankruptcy in such wisdom.

To my mind, the Tamil community that seeks to self-govern has two alternate choices:

(a)    Eelam only – by travelling Independent of the Sinhalese Politicians

(b)   Common Sri Lankan – through the path of Adversity.

As a lawyer the Hon M.A.Sumanthiran, would appreciate the requirement by Law -  for one of above requirements in Prescriptive Ownership claims. Both cannot be satisfied because they are mutually exclusive.

Tamils of Northern Sri Lanka never voted for the LTTE and therefore the LTTE lacked the mandate to claim the ‘Adverse To’ Title at Sri Lankan level. Their claim was within their geographic area through physical possession/control. They were effectively opposing the voters in their area and they lost to Tamils who chose the Political pathway to elect Government – as demonstrated by Tamils through active participation in elections after the LTTE vacated or was evicted – including by civilian Tamils.

In Sri Lanka, where Prescriptive Title is facilitated by law – physical control at governance level becomes a ‘right’ in areas where the Government has vacated post often through negligence. Hence Sinhala only through the likes of JVP and Tamil only through the likes of  LTTE would continue to be a possibility in weakly administered areas of Sri Lanka.

The way the ‘foreigners’ within UN resourced the Sinhalese Government, the Tamil Diaspora is likely to resource Tamil Insurgency if they carry memories of what happened – without having had the experience. Those who had the experience of being denied their earned rights would be supported by Natural Forces to find their remedies at another time and/or at another place.

Often one would find the weaker minded politician / member of the Diaspora -  relying heavily on what happened rather than finding out why it happened. I have found that when I blame myself first – I am able to bring the others into me to form the true picture. A true picture is the foundation for the true solution.

In terms of  the war-crimes issues – if local Tamil judges, lawyers and high practitioners of law and ethics amongst civilians -  are not recognized by Tamil Politicians – and they seek  outsiders – those outsiders  are ‘foreign judges.’ Only those with legal expertise who have demonstrated active involvement in the Sri Lankan issue – are fit to hold the positions of Judges in Hybrid Court. A judgment need not come solely from the Judges. Lawyers and civilians with deep investment in Law and Order could actively produce the judgments needed by using the Hybrid Court as a facility. In fact, given that the LTTE was claiming the parallel of Prescriptive Ownership Title – their side would be best presented by civilians/lay litigants  without titles within the Judiciary. The TNA has the duty to seek and find such civilians for the Tamil side. Likewise the Lawyer of the Sri Lankan armed forces needs to represent the Government’s side. Such a jury would strengthen the minds of both sides to this war by accepting supervision from a UN Judge representing the UN system.

Shortcuts would result in the Diaspora forming its own separate community independent of Resident Sri Lankan Tamils.

In his article Colombo Telegraph article ‘The Indrajit Coomaraswamy Issue: A Matter Of Decency’, Dr. Dayan Jayatilleka states:

[It was from Beijing that I followed Brexit with the clear realization that just as David Cameron and Jeremy Corbyn, i.e. a bipartisan consensus of Conservatives and Labor, had been defeated, it is perfectly feasible to beat a Ranil-CBK led UNP official SLFP-TNA bloc at a referendum over a non-unitary Constitutional change, falling well outside the 13th amendment.

The quasi-federalist campaign in Sri Lanka would depend on the Northeastern and minority voters, but in the UK, Scotland, Northern Ireland and London all voted to remain. Yet, they lost. In the UK, the blowback has been the threat of a secessionist second Scottish referendum. The Tamil nationalists may get ideas (don’t they always?) but here in Sri Lanka, there is no EU equivalent to join, no second referendum nor referenda which can be activated by Provincial Councils.

In the UK, the Leave campaign was spearheaded by two mavericks, Boris Johnson and Nigel Farrage. Here in Sri Lanka the NO campaign would have such figures further down the batting order, while the nationalist ‘NO’ campaign would be captained by the equivalent of a Churchill or Maggie Thatcher.]

If  Dr. Jayatilleka had drawn the ‘right’  and realistic picture – based on his experience – then the pundit would have named the Sri Lankan parallel of Churchill or Maggie Thatcher.  The indicators are that he draws the parallels through Mr. Rajapaksa (not Mr. Wickremesinghe)  as playing Churchill’s role and Madam Kumaratunga (CBK) playing the Maggie Thatcher role.  Gandhi driven by Truth was a half-naked fakir to Churchill. Likewise at their level LTTE Prabhakaran was a Terrorist to Mr. Rajapaksa. Both intended to reduce  the other’s status from behind – confirming their own weakness in Truth and in Combat respectively. As for Madam Kumaratunga captaining the ‘NO’ campaign – Madam Kumaratunga has become more a Governor than an Active Politician that Dr. Jayatilleka seems to have become.

Dr. Jayatilleka goes on to explain:

[The point I seek to make is that it is perfectly possible and indeed far easier to hit a government hard and topple it if an opposition or resistance movement is both radical and rational, militant while on the Middle Path, occupying the moral high ground and seen to be doing so. Fanaticism will never do more than assuage the militant element of one’s own base, while proving an obstacle to winning over the middle ground and the new, undecided voters. The forces of patriotic popular resistance must be more ethical than the Government; not more fanatical and fundamentalist. This is why Fidel Castro and Sandinista leader Daniel Ortega triumphed (and the Cuban and Nicaraguan revolutions remain quintessentially undefeated) while Pol Pot, the LTTE, the JVP, Al Qaeda and ISIS have failed.]

By conceding that ‘The quasi-federalist campaign in Sri Lanka would depend on the Northeastern and minority voters’  Dr. Jayatilleka demonstrates acceptance of the power of minority which can happen only through Truth which includes true investment in higher Administrative pathway – and not through more politics – including at international level.  I do not know enough about the others – but the LTTE has certainly shown the alternate pathway of Prescriptive ownership to Northerners – the Hon C.V.Wigneswaran being an outstanding example of our times.  The LTTE has also successfully opened the Independent pathway to the Tamil Diaspora. Together they form the opposition  of Sinhala only activists in Sri Lanka and beyond. The two sides are naturally empowered by Al Qaeda and ISIS supporters/followers in Sri Lanka.

The rest are Sri Lankans. To the extent they invest more in Administration of global standards – they would continue to govern Sri Lanka by influencing the Governing force  for which they do not need any official portfolios. In fact for the same level of contribution – one without money or status benefits – has greater ownership Energy. That is what Democracy is all about.  Every minority person who was discriminated against unjustly carries this ownership power. That is how Northeastern minority voters continue to enjoy wholesome  power as Sri Lankans – confirming this latent ownership wisdom imparted by the Land itself.  It happened through their own members living in multicultural areas absorbing such pain of unjust discrimination which when accepted fructifies as ownership investment.  That was the pathway taken by Jesus.

Every Sri Lankan, irrespective of whether s/he is Tamil or Sinhalese – who contributes to raising an issue from Political level to Administrative level becomes Sri Lankan through merit basis and completes the ownership circle. Others using the one-way political path would have to wait for the next generation to complete the ownership cycle. Any just law / principle would help the former group including through local activities. The latter would  need the Experience of physical possession. When pushed it would result in forceful acquisition of others’ titles.  Then we would need Gandhi to redeem us from ourselves.