Gajalakshmi
Paramasivam
31 August 2016
Devolution by the People of Jaffna
As part of my routine when in Jaffna town –
I visited the fruit and vegetable market – which I remember as Periya Kadai
(Big Shop). There were many groups of Sinhalese and the shop-keepers did not
seem to have much difficulty in communicating with the Sinhalese customers.
Many shopkeepers even spoke Sinhalese. To me, that was a big way forward under
the current government which facilitates the People to lead themselves. Whether
this is documented or not becomes secondary. Like Thesawalami customary law –
the Practice of ordinary folks has eliminated the need for particular laws –
such as ‘Buddhism foremost’ or its other side Eelam only . Different groups
would have interpreted these differently and they would all be ‘right’ to the
extent the interpretation is Experience based.
As per recent news report – ‘A strong NO to Sinhala only’ former
President, Madam Kumaratunga is reported to have stated:
“Tamil-speaking
people had firstly demanded language rights and the continuing refusal to
resolve their primary problem led to frustration and anger and other
discriminatory actions and restricted opportunities, willingly or unwillingly,
snowballed to a point, culminating in a terrible ruthless war that destroyed
the country.
“In most government departments and ministries for a
long time we did not have a single person who could communicate in the Tamil
language; the government is now very serious about facilitating its
institutions to have sufficient officers to work in the Tamil language.”
THAT is the award of victory to the Tamils
as a community. This is not likely to have happened in Sri Lanka – without the
Tamil Tigers. The point at which one recognizes the need of the other side confirms
the level of the leader’s self-confidence in the position through which such
declaration is made.
In turn, the Tamil leader of the Opposition
is reported to have stated :
[Tamils
“no longer want a separate state” and want a united Sri Lanka, seeking a
solution to the decades old issue through the new Constitution with the participation
of all communities, leader of the Opposition and the main Tamil party…….The
Tamils want devolution of power and no longer want a separate state. We do not
want our children killed by war. We want a solution within an undivided country]
Press Trust of India
This confirms that there is already ‘Unity’
at Political leadership level also – eliminating the extremism of ‘Sinhala Only’
and ‘Tamil Eelam only’ at policy level. The problem however, seems to continue
with those in-between who did not suffer as much as the Politicians nor the
ordinary People due to the war.
In her article ‘Cheers in Colombo, apathy in Jaffna’
Ms Kishali Pinto Jayawardene states:
‘Let us be clear about this. The fate of the South’s
‘disappeared’ during the state brutalities of the eighties had not been the
motivating factor for this Government’s headlong rush into ‘solutions’ despite
the colorful intertwining of state excesses against the Sinhalese during the
eighties to justify the effort. Rather, it was the plight of the ‘disappeared’
in the North and the East which was the central international pressure point
necessitating this mad scramble by the coalition Government and its allies,
including the North’s Tamil National Alliance (TNA).’ – Sunday
Observer
It may seem mad but was necessary to do
what they did – to facilitate expressions such as the above from both side
leaders who are wiser now due to Experience. Recently a Vaddukoddai relative
said that if I had tried to sue the head of State here in Sri Lanka – as I did
in Australia, when I sued the Hon John Howard – then the Prime Minister – I
would have suffered great damage. He does not relate to my suffering that led
to such action nor the consequences of it. As is usual in this part of the
world – the young ones – make their own declarations including about others’
affairs. They do not ask and learn! This guy was surprised to hear that I was
able to represent myself in Court in my Colombo Land case. Like with the above
leaders, lay litigants need to be facilitated to represent themselves in Jaffna
also. Otherwise, we would need more and more reconciliations between Judgments as per the Courts and our
own Conclusions as per local customs. In
Democracy, the lay person in Court – is the Equal Opposition of the Legal
Professionals. Often including in
Australia – we are treated as second class. But if as per Truth we had
practiced the law way above the legal professionals – the system of Natural Justice
manifests results that would confirm our real status to ourselves to strengthen
our self-confidence and facilitate our inner judgment – the one with which we
live.
There is good reason for the Political
leaders on both sides to make statements as mentioned above. Tamils due to
their migration to Western countries – developed this global base much more
than did the Sinhalese. Pleasure and Pain are equal and opposite values of a sovereign entity - at the
physical level. To the person who has already suffered Pain – Pleasure is
comfortable and sweet. But one who enjoys Pleasure first – needs the ability to
bring to mind the Pain that would surely
follow in due course or that person risks losing self-confidence when Pain
strikes. The pain of Sinhalese due to their rebellion against the Central
Government was not felt by Tamils in North to whom until recently the Southern
Sinhalese were largely ‘foreigners’ as Tamils of North were to the Southerners
– except for employment related purposes. It’s this Natural ‘foreign’ attitude
that contributed to the extension of the war until there were deaths on both
sides – more on the Tamil side due to lack of official backup power.
The two cannot be equalized or even related
directly – to claim one was more than the other. Where there is Common Faith –
that faith naturally gives the picture of the ‘other side’ as if they were a
part of us. This could be developed through regular investment in laws – which
are equally balanced – through time and/or culture. Equal status in our mind,
prevents us from the temptations of taking leadership desires and risk invoking the Real
system from taking delivering judgments. As I said to mothers here in Thunaivi –
about their sons throwing stones to damage the lights in Common areas – if the
parents disciplined their children – I would not need to discipline them. If I
also did not discipline them – but left it to Mother Kali – after doing my best
under given circumstances – the punishment would be cumulative and would be
harsher. It would therefore be unwise for those who have had problems with social
leaders to upset a ‘social server’. When I say Mother Kali – I mean themselves –
their own conscience. That works better than the law and order officials to transform
young ones. I treated them as Equals before Mother Kali, until known otherwise
through common experience and hence my natural pathway. Some mothers said –
that Mother Kali would ‘show’. I said Mother Kali would show me as per my
investment and the other person as per their investment – if we are not
concerned about each other’s welfare. They did not consciously understand that
logic but they knew intuitively and I knew that they knew. Such is the pathway
of common faith. To achieve this we had to use Mother Kali foremost principle here in Thunaivi. But that was not as per law but as per our acceptance
of natural authority – as per our direct experience. I am able to observe great
improvements to ‘security’ here in Thunaivi. Just yesterday – our tuck-tuck
driver tried to ‘advise me’ to raise the level at which our solar lights had
been placed – saying that otherwise these guys would steal it easily. That
again was taking position above these folks who are of lower caste than himself.
I said that we have had the solar lights for months now and there has been no
damage to them. The mind filled with common faith – heals and cures
confidentially – often without even the person with the healthier mind
her/himself being conscious of it. All we have to do is to recognize first
through the commonness. Where we are not able to do so – we need to consider
the other side as being Equal and stay away from taking leadership role and
feeding our desire for power-play. This would prevent war. Towards this we need
some space of separation and that is needed by all minorities in Sri Lanka. Whether
we recognize it or not – someone who has operated without the other side – has earned
that freedom to produce her/his own outcome. I said to the above mentioned
tuck-tuck driver that these young ones are now becoming a protective force in
this area. I am the proof of it.
The Buddhism foremost policy for example –
will naturally develop the right to Equality by the Common group of minority religions. That is the law of Nature.
The requirement is that the minorities need to be ‘Consolidated as Common’ to show a
structure. The Law of Nature / Truth is the most perfect law of all. At Policy level – both side rights are
perceived. Once one side is put into
practice – the other side’s right naturally turns into entitlement. When such
entitlement is demonstrated – the person with official authority who acts to prevent
it and/or to punish the practitioner becomes an abuser of authority – even if s/he acts as per the
stated law at that point in time. Buddhism foremost within a Democratic
Constitution therefore created an entitlement to the consolidated group of
minority religions. Where members of majority religion who also have official
power, fail to recognize this Equal
Opposition they lose their Sovereignty and to the extent other religions are
able to make natural faith -based connections with those outside the physical
boundaries – for example Indian Hindus in the case of Sri Lankan Hindus – Sri
Lankans need their parallels of those others to be sovereign. For example
Chinese Buddhists. If Buddhism foremost is therefore actually practiced – then
Sri Lanka needs to go global to enjoy Sovereignty. To the extent a Sri Lankan
Hindu has already realized Sovereignty – s/he would automatically be empowered
by others who have realized Sovereignty / Independence through the Hindu
pathway. Likewise those who have realized Independence through Democracy.
Every person who realizes ownership of Sri Lanka through any part of the land that is
recognized by law as Sri Lanka – will
Naturally invoke this Equal entitlement with those in power to influence Policy
through appropriate manifestations. Truth would find its gap to manifest Itself
in confirmation when one side acts. That is the law of Nature. This ownership
could be realized through investment in Policy also.
The official Policy itself would not directly
support us at this level but our investment in it through practice beyond the
level of our duty as per our official position and / or our belief – renders that entitlement to influence. The ‘gap’ between
Law and Reality is thus filled through Acts of God.
The Southern rebels did not have this
entitlement that other minorities had/have due to ‘Sinhala only’ and ‘Buddhism foremost’
policies in addition to Administrative power
not through merit but through majority votes. The second highest scorer
gets status Equal to the Party in Government in confirmation of the above true
value. Where Truth manifested Itself the two sides formed through the Center
Line would be Equal and Opposite to each other. Hence the Equal Opposition in a
democratic parliament. Not so in an autocratic parliament where time separates
outcomes from inputs. In Democracy – time stands still and hence we need both
sides to be produced at the same time – but independent of each other. Without
this other Equal side – there would be no harmony with nature by a person
claiming benefits in the name of Democracy.
When the above balance is maintained –
Natural forces consolidate to support such Parliament.
In Sri Lanka – Truth manifested Itself in 1977 and later in 2015 to fill the gap and
confirm the Equal Opposition status earned
by Tamils as leaders of minority Communities. If Buddhism leads – then all
others need to form Natural Coalition of Minorities – to maintain the system of
Democracy. Otherwise there is no Democratic foundation for such laws. Those who
had belief in Truth – would have been in awe of the above outcomes in 1977 and
in 2015. But those who sought to ‘show’ cleverness-based wins would have been
blind to this real power – which was achieved without Hinduism being declared
as the foremost religion of Tamils.
We often forget the gap filled by
Truth/Love/Nature once we ‘see’ the outcomes we desire or think we are entitled
to. But Truth works continuously to manifest Itself to keep going the ‘balance’
of Nature. Religion is a pathway that
leads to identifying with the forces
that fill this gap. Once it is given specific status – this power is localized.
Hence the Sovereignty of Sri Lanka could be maintained only through Equal
status to the consolidated power of all non-Buddhist religions being the
Opposition of Buddhist Leadership in
Democracy. The leading religion amongst minority religions is Hinduism. Hence
Hinduism is the Leader of the Opposition in National Parliament where
Government has allocated foremost place to Buddhism. Under autocracy – this
would not have been the case. This manifestation would not happen until there
is real need locally. When locals are connected to groups beyond Sri Lankan
borders that practice higher levels of
Democracy they become the media through which this global power is confirmed.
In 1977 – the manifestation of Equal Opposition Leadership by Tamils – happened
largely due to local power – especially through unjust Administration in Public
Service. In 2015 – the achievement was global due to the connection made with
Mother groups outside Sri Lanka as well as Tamils like myself investing
intellectually through higher pathways in Democratic Governance.
The Leader of the Opposition the Hon Sampanthan
is reported to have stated – ‘We hope the
new constitution will provide a solution so that the country can be developed
with the participation of all ethnic communities.’
To my mind
the solution is already working – through the People. Like in the case
of Thesawalamai Law – codified by the Dutch the new Constitution needs to
codify the true practices and beliefs of those who feel Sri Lankan rather than
think Buddhist first or Tamil only.
As per the Press Trust of India report, the
Leader of the Opposition stated:
‘We aimed to develop like Singapore. But we
have failed as we are still looking for solution to address the question of
north and eastern Tamils.’
Periya Kadai in Jaffna town is showing
signs of Jaffna becoming little Singapore – the parallel of ‘Little India’ in Singapore. Tamils on their
own could not have developed Singapore out of North-East due to lack of
leadership parallel to that of the Hon Lee Kuan Yew whose parallel would have
been a combined leadership between a smart intellectual politician supported by
the LTTE leadership. The separation between leaders of Northern LTTE and
Eastern LTTE – further confirmed the lack of Consolidated Power within Tamils
to sustain vertical growth and leadership through autocracy – which Singapore
had under the Hon Lee Kuan Yew and continues to have through not only his political
heirs but also minorities to whom Singapore became home especially through
financial prosperity in return for hard work. The ball is now in Colombo court
to do the rest including through balanced policy.
Ms Kishali Pinto Jayawardene laments as follows in relation to this ‘gap’:
[The law ‘being lost in translation’
To be brutally frank, despite the sentimental reminders that I find myself awash in with regard to South Africa’s transitional justice experience, I would be hard put to find a more obvious contrast. The South African process was led by towering personalities in law, in civil rights, in religion and in social justice who hailed not from the secluded corners of ‘white’ privilege but were instead firmly situated among the South African dispossessed and who counted as honourable, the time spent in prison as punishment for that commitment. Their knowledge of constitutional law was profound. This was in fact, a major reason why their efforts stood up to rigorous scrutiny by the courts and formed a formidable body of jurisprudence which civil rights activists used extensively.
To be brutally frank, despite the sentimental reminders that I find myself awash in with regard to South Africa’s transitional justice experience, I would be hard put to find a more obvious contrast. The South African process was led by towering personalities in law, in civil rights, in religion and in social justice who hailed not from the secluded corners of ‘white’ privilege but were instead firmly situated among the South African dispossessed and who counted as honourable, the time spent in prison as punishment for that commitment. Their knowledge of constitutional law was profound. This was in fact, a major reason why their efforts stood up to rigorous scrutiny by the courts and formed a formidable body of jurisprudence which civil rights activists used extensively.
In Sri Lanka however, the law appears to have been
‘lost in translation.’ Indeed, this is evidenced beyond the transitional
justice sphere where legal challenges come from multiple fronts ranging from
the procedural (VAT Bill) to confusion in regard to constitutional concepts
(proposal that the 2006 contested Singarasa judgment of the Supreme Court may
be ‘over-ruled’ by the Speaker).
Reportedly there has also been a simply bizarre
proposal that amendments may be entered into the OMP law after the Bill has
passed the seal of Parliament and the certification of the Speaker. Meanwhile
the much touted asset recovery of criminals of the former regime splutter in
legal confusion, only partly owing to loyalists of the former regime. The whole
is characterized by what can only be referred to as the phenomenon of great
incoherence in government.]
This is the confirmation that the Sinhalese
majority did not suffer due to Tamil Tigers as much as Black South Africans did
due to the rule by White minorities. When the suffering is true – there is
wisdom to manage the whole group. In Sri Lanka, it was the minorities that
suffered and did so as ‘separate groups’. Hence they did not develop enough
wisdom through experience – to internally structure the appropriate Democratic
constitution for the whole. In Democracy – majority need to have suffered to
give form – bottom-up - that would be naturally workable by majority. Top down
use of Law works against this.
In Sri Lanka, where belief based
prescriptive rights in relation to land ownership is recognized by law, we need
its parallel in terms of Law itself. To the extent one practices the law more
than the person officially in charge – the official needs to step aside for the
practitioner to derive her/his value to
become the law at that point. This is called a ‘facility’ and the system is
named ‘My Bus’ and ‘My Train’ and so on. In Australia we still do not have ‘My
Court’ but Australia is more likely to reach the destination before Sri Lanka.
Whether we recognize it by law or not – the
‘gap’ is filled by natural forces when one side or the other has earned it. Laws
that are not practiced – are abandoned laws and hence the true practitioner
becomes the law-maker. A new Constitution that does not facilitate this pathway
– is wasted.
Today is the Ther/Chariot festival of
Nallur Murugan – the Lord of Democracy. Theivanai and Valli are the two
partners – one representing the official system of marriage and the other the natural
influence. They are the two eyes that never meet but have the One sight. Murugan
represents Global pathway to Leadership. All those who truly believe in Murugan
would realize this Natural leadership – even though majority of them would not ‘show’
that leadership status. Law makers in Democracy need the blessings of such
Natural leadership – where it already exists. If Mother Theivanai were to act
like Mother Valli the One without official power – then Mother Valli would need
to fill the gap by taking leadership through Absolute Love. When custodians of
power act like they are the People – they make Opposition of themselves – and People
have to rise to lead the Government to fill this gap through the Absolute power of Truth so the
Balance of Democracy is maintained.