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.

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.