Gajalakshmi Paramasivam

21 October   2016

Independent Commissions are Minority Groups in Sri Lanka

“The United Nations Rapporteur on minority issues today recommended the government establish a fully empowered independent commission for minority issues is included in constitutional reforms to implement mandates and foster relations between communities.” – Daily Mirror article ‘UN Rapporteur recommends independent commission for minority issues’

The status allocated to a person/group must offset the effects of majority influence, for a Commission  to qualify as being Independent. Such Commissions would, through their processes and discoveries,  have the effect of comforting and compensating at the higher level, for pain suffered due to Administrative weaknesses. This is an important issue for minority groups – such as the Tamil Community in Sri Lanka, who are claiming their earned entitlement to be treated Equally  by majority  race holding power in Common Areas. The sharing of Prima Chairman in Singapore, comes to mind in this regard. The Chairman said that they preferred to recruit Tamils because we were hardworking. It is for this reason that I said well before the 13^th Amendment to the Sri Lankan Constitution, through which Tamil was also recognized as Official Language – that if Tamils could learn European languages – then they could have learnt Sinhalese also. If work is the lowest common unit of measure – then hard working minorities are minorities only at physical level – which is the parallel of hearsay in a Court of Law.

Recognizing this earned entitlement by minorities at Constitutional level makes us Common at all times and entitles leaders to form Unity Government. Otherwise there needs to be Separation of Powers to facilitate the group to operate on its own. That is ongoing.

An Independent Commission on the other hand is like a project with a start and an end to an issue that is no longer administratively active as a program. The Commission to Investigate Allegations of Bribery or Corruption (CIABOC), for example is such a Commission with the responsibility to isolate parts of Public Service that are seriously infected by Bribery practices, treat them by sharing their Truth with the Public and then merging that Truth with Policy and  therefore  ongoing Program so the latter would be healthier. This has not happened with the CIABOC and as per the post-resignation conduct of the Director General who went back to her previous position, confirming  that Commission lacked the ability to find the Truth. A group that is yet to find the Truth as per its mandate is not yet Independent.

When I resigned from my substantive position at the University of NSW, due to harassment from Central Administrators there were requests from Academics, for me to stay. Those requests  were at the levels of those who felt the need for my services – to become self-managing units. I honored them but kept applying for other jobs at my previous level also. But I did not get them and was often not called even for an interview. As is my way – I followed Due Processes and did not expect nor take subjective influence.  Now I realize that those responsible did not want me – because they feared the power Central Authorities and more importantly – autonomy was NOT important to them. I did not identify with this then – due to my own emotions but now I realize that my own Truth was protecting me through the weaknesses of those who were in leadership positions. I did not get the jobs but I maintained the dignity of my Sovereignty as a Professional Accountant.

Now I realize that the more work we do and the less benefits we draw – relative to even one other with parallel position in that group – our standards relative to that person are naturally raised provided we accept that reality. We take those standards with us wherever we go, as part of ourselves. If we relate to our work through a high position – say in the above instance that of the Vice Chancellor – who had the authority over my Supervisors in Central Administration but failed to take disciplinary action against them even after I complained through Due Processes – and I continued to raise my work to that level,  I became the Chief of Finance on de facto basis and since that was also not given recognition – I became governor – naturally influencing other governors. Likewise within the Tamil Community as well as the Common Sri Lankan Community.

In my case I was heard by both Chancellors of my time – and I conclude that they were good Governors. Like Independent Commissions of inquiry – they also could not bring about Administrative changes to right the wrongs that happened to me but their acceptance of me – helped me to continue to escalate my complaint higher and higher – until I could go no more. This distanced me also from those who sought to use my services only for their own units and that’s when the University had the big problem of ‘Scientific Misconduct/Fraud’ allegations through Professor Bruce Hall. That was bigger than Ben Hur for the University. The Vice Chancellor was effectively dismissed. Right through I had indicators as to what my next step ought to be – as in ‘treasure-hunt’. That’s how I realized that Truth within us becomes active when we needed It and when the whole that we feel a part of – needed It.

Those of high standards bring about such completions of karma to help identify with the problem at a place they care about  so it could be cured of such problem and go beyond to become an opportunity for our heirs. Unless there is a genuine good standard that is being damaged, Truth would not surface a truly weaker standard due to which the good standard is being damaged. It’s the parallel of judiciary. Unless we seek the judiciary they have no jurisdiction to act on their own. The Executive has that power and in a democracy that Executive needs to be true to the People who elected her/him to invoke those powers where Administration is damaging such powers as the Sri Lankan President indicated about the Bribery Commission.

Leaders often ‘dump’ their responsibilities into smaller groups of Authority, instead of surrendering. This weakens such leaders. This week a Business Lady whom I actively advised during development stage rang me in relation to a penalty notice for failing to turn up for ‘jury service’. The lady said that that was the first notice she was receiving from the authorities and said she was a good citizen and so on. After listening to her I suggested that the previous notices may have gone to her old address. That was not based on ‘all facts’ before me but was due to the wisdom in the inner workings of Public Service, coupled with this lady’s own attitude towards these Authorities, when she needed something to be done. The lady did not want to include the above suggestion but kept going about her other problems and said it should not happen to her. There was also an expectation for me to take over the matter. In other words the lady wanted to dump it on me. That kind of attitude develops when we ‘use’ the system and then walk away from that system by doing minimum. This develops fear – to the extent we enjoy the benefits of the position. I doubt that this lady would have voted if she were not fearful of the ‘fine’ for not  voting. Those who ‘use’ a person/system and then walk away – often develop this tendency to ‘dump’ instead of surrendering. Those who are grateful / appreciative – would surrender. With this in mind,  I said to the lady to ring and speak to the authorities and to be as humble as possible. I thus reminded her quietly – mind to mind – that according to me she was not humble with authorities but tended to be the boss as she is in her business. I gave her the number she needed to call. The lady rang me the following day and said that it was as I had said – that the previous notices were sent to her old address. I explained to the lady that the sections handling operations and finances respectively were different. I guess I knew this intuitively and hence my first response which was the real reason. It confirmed again my ownership investment in Australian Public Service which has come with me after I left Public Service. I explained to the lady that if we take our real position in a relationship – we learn the Truth and if that meant she had to pay she must pay to be a good citizen as per her own mind. The lady said she did not understand all that but knew that when she was in trouble god urged her to ring me. She said she needed to see me to give me a hug to feel strong.

In the case of the President of Sri Lanka as well as the Prime Minister – Tamils were used during last year’s elections but when it comes to recognizing Tamils at policy level – both leaders are talking about ‘Buddhism Foremost’ continuing to be included in the Constitution. Hence the divisions within the Government is becoming more and  more Public. We often underestimate the power of Truth because in most instances those opposing each other operate at the same level. The LTTE were of low standards in Public Administration and when the Government claimed it has defeated them but continues to keep it active – the Government is also confirming to be of that level. But the war-crimes revelations are now global due to the greater contribution to Independence by Tamils. A big chunk of this comes from the civilians who died and/or suffered injuries in the war due to Government’s own lack of order.

Ms Dilrukshi Wickramasinghe the  Director General who resigned after the President found fault with the Commission, has confirmed by resuming her Administrative position as Additional Solicitor General that she did not qualify as per  the essential criterion of ‘Independence’ when she accepted the position of Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). When I took the Administration of the University of NSW to Courts through Due Processes – it was as such a Commission of One. My own investments in highest standards of Administration – developed over the years prevented me from accepting any job that was direct part of that very Administration. The strength that sustained me and urged me from within was the confirmation of my Independence from that Administration. Once we pass the boundaries of our position through our Truth / Belief – we are supported by Truth Itself. Hence we work the system through the Truth in all in that system. The beauty of Truth is that Truth consolidates Itself.

One needs to therefore examine in light of the above revelation about Ms Dilrukshi Wickramasinghe, the statements by the President that led to the lady’s resignation. As per Colombo Page:

[Oct 12, Colombo: Sri Lankan President Maithripala Sirisena says as the Defense Minister he does not agree with the procedure followed by the Bribery Commission to take the former Defense Secretary and three former Navy commanders to the court.

Speaking at a ceremony held at the Sri Lanka Foundation Institute in Colombo to distribute housing and land deeds to war hero families, the President said the independent commissions have been established to strengthen freedom, democracy and human rights in the country and they should refrain from political agendas and work hard to establish a country free of corruption and malpractices.

"There is an accepted procedure to investigate complaints and the law should be equal for all," the President said.

President Sirisena added that he is totally against influencing the judiciary, independent commissions and judges and he will never order to set free the political supporters who are suspected of severe crimes such as rape and robberies.

Speaking further, the President said the members of armed forces should not be exploited to gain political mileage and asked the authorities not to misuse the subordination of the military to the government.

The President stressed that he never allowed to weaken the security forces or to discredit war heroes.

Reiterating his commitment to protect democracy and the rights of the people, the President asserted that he is ready to give up powers at any time.]

The problem arises due to indiscriminate mixing of position of  Administrator and Governor. As Defense Minister the Hon Maithripala Sirisena had every right to be critical of any institution that to his mind was interfering with his Administration, outside Due Process. But he did not have the right to share that with General Public before following Due Administrative Processes available to him through his position as Defense Minister. When he so shared – he was using his position as Governor. THAT was Political interference to uphold his department but not those outside his department. This naturally earns its other side – rebellion by citizens who are yet to pass their position boundaries.

In a Nation where the Armed Forces have been needed to be used against citizens rebelling against the Government – it is important that the Government’s power to Administer and regulate is higher than that of the Armed Forces made up of ordinary junior citizens at the bottom end. If one takes an official – there is the Administrator as well as the citizen in that person. If the citizen is stronger than the Administrator – and that citizen is less regulated than the Administrator – then we have a disorderly armed person carrying weapons. The Sri Lankan Army handling prisoners at the last stages of the war was revealed to be of this kind. That was the Minister’s inheritance from his predecessor. Any correction needed could have been managed confidentially – especially after resisting war-crimes investigations. But the more LTTE Terrorism is used for internal purposes – the more the Truth of the Tamil Community that the LTTE is a part of – would surface to make LTTE a current issue.

The Truth as known to us is that the former regime needed the Eastern LTTE Leader - Karuna Amman to become their ‘insider’ to defeat  Northern LTTE. Given that Karuna Amman is a Tamil – any genuine member of the Tamil Community has the power to return that karma on those who influenced him to turn against his own past – through his weakness - money. At Karuna Amman’s level – he risked his own life to fight and his fighting skills did bring about victories for the LTTE as a whole. Hence so long as Karuna Amman stays within his earned position – in a community that is using those wins – he is protected from that return karma. Not so the government which typically USED the enemy’s resources to win cheaply. The Government is the owner of the disloyalty they developed. The Government would continue to fear that traitor. Where they do not know of an Administrative pathway to cure themselves they have to resort to Common Belief. Towards this the leader needs to be a Governor more than s/he is an Administrator.

The President on more than one occasion has demonstrated that his investment in high level Administration is weaker than his belief through the religious pathway. Hence his confession at the UN General Assembly. But if that is given form – then Sri Lankan Government must stay away from Globally Funded  Business also. If we do not respect the higher standards of bodies like the IMF – through whom global funds are channeled – we become debtors and when we fail to settle the debts we become  beggars. The Prime Minister who claimed that Buddhism foremost would continue to remain in the Constitution is taking Sri Lanka towards this when he – with his other hand is ready to receive global money and not Buddhist money foremost. The root must be reflected at the money level also, for there to be natural harmony.