Gajalakshmi Paramasivam

31 August 2017

Dual Citizenship & the Diaspora

[Overall, the document is a dry and difficult read that bears out the lawyers’ language and values of the 1890s. Former Senator and High Court judge Lionel Murphy remarked that he kept a copy by his bedside. No doubt it was a perfect antidote for sleepless nights.] Professor George Williams – Dean of Law – University of NSW, about the Constitution, during his Press Club address of 30 August, on Dual Citizenship issue.

When the University of NSW invoked Police Powers in 1999, to have me arrested, the Police listed my Nationality as Sri Lankan. This was not changed even after I protested that for legal purposes I was Australian. I approached the Community Legal Centre resourced by the UNSW in this regard, but they did not take an independent stand on this. Professor George Williams’ authority on this issue is diluted by that karma, to the extent he is heard due to his position with that University for which he gets remunerated. One who contributes to policy needs to sacrifice earned benefits to rise about the relative.

Yesterday, I heard Professor Williams use the Press Club to express his views on the ban placed on policy makers, through Dual Citizenship disqualification as provided through section 44 of the Constitution. Former Senator and High Court judge Lionel Murphy who is reported to have kept a copy by his bedside would have been protected by the Wisdom of his ancestors from whom we inherited our Constitution. One who believes gets the Energy that an Heir is entitled to. Professor Williams seems to be disconnected with that root Energy in this issue. Hence, to my mind, Professor Williams seemed to be promoting the removal of that restriction, thus demonstrating lack of insight into the way the Common Australian receives the law and the manifested facts.

As per my conduct, the Police could not find any lawful reason to arrest me. But they themselves demonstrated that they needed to oblige the University officials who were representing the American return Vice Chancellor. The real reason why they arrested me was my ‘disobedience’ towards a person they were obedient to. Given that they did not have in-depth knowledge of the matter, the apparent reason they declared was that I was junior ‘foreigner’ / Sri Lankan. The reality is that at international level, a Sri Lankan is junior to an Australian.  If not for this reality, we would not need Racial Discrimination Law here in Australia. The Court did not see anything wrong with this listing. Without that reasoning, the Police would not have had any motivation to arrest me.

Dual Citizenship would promote this kind of reasoning when one is ignorant of the law and / or is not committed to the law and therefore seeks to avoid the law. Many Australians may seek to assimilate with other Nationalities and hence seek to ignore the value of Section 44 restriction. To my mind which is regulated by actual experience, if Section 44 Restriction is removed, then we would tend to assimilate rather than integrate with wider world.

Until majority Australian legislators during a period demonstrate the use of and commitment to Common Global pathways, the removal of Section 44 restriction would lead to Australians disconnecting with their ancestors who gave us Section 44. As per my experience at the University of NSW headed by Sir Anthony Mason – there was a strong need to have such restrictions especially in institutions that promote higher mind-structures. Those driven by current benefits would tend to lose their connection with the root Energy. When more of our contributions / inputs are converted into primary level benefits  there is little left for Human Relationships and Ownership.

 Without Section 44 Restriction , we are all ‘foreigners’ to indigenous folks who are seen to belong to this land and this land only.  Section 44 restriction confirms our diversity as per our Truth experienced in this land. That Truth works naturally to support those to whom this land is ‘Home’. The Truth experienced at a place is part of the motivating Energy of those to whom that place is ‘home’. That Truth works to protect the contributions by those who uphold that Truth. It was this Truth guided me from within to use ‘Distance Management’ in the case of Thunaivi village which is in the ‘high risk zone’ in Northern Sri Lanka. Thunaivi is a village of junior caste toddy tappers. Most junior caste villages are considered high-risk zones due to their inherent capacity to practice reverse discrimination. Recruits from these areas made up majority militant groups. Hence in terms of Tamils, the rebellion was against Tamil Senior Castes which was made common with the rebellion against the Sinhalese who formed government. The result is the indiscriminate mix of law abiding society with followers of natural pathways – especially at the emotional level. We then do not have the moral authority to classify ourselves as an educated community.

On the 5^th of this month, a young guy who had been specifically asked NOT to use our temple grounds except to pray and meditate, said to me that he would smash my face flat. I needed evidence to complain to the Police against those who cut our temple fence the night before. Due to weak lighting in that area, I did not have immediate evidence to connect the offence to particular persons. I was advising our electrician on how to improve the lighting when the above mentioned youth entered our premises unlawfully. The evidence he produced – that he would smash my face flat – confirmed lack of respect for women – even though they  may hold high positions in a community. Mine was as the owner and trustee of that temple. Such lack of respect often leads to assumptions that a woman wants what the man in charge wants. Taking authority over another subjectively leads to assumptions and their production of ‘common outcomes’. This is the underlying problem in the case of rape and murder of school girl Miss Vithya Sivaloganathan in Northern Sri Lanka.

The evidence that I received from that sacred area that I believe to be sacred – that the guy said he would smash my face flat is the parallel of the NSW Police listing me as Sri Lankan – as evidence of racial discrimination. The two institutions that had weak investments in Equal Opportunity practices – joined forces naturally. I took matters to court as per my allocated position and the rest went into the area covered by Natural Justice to result in the dismissal not only of the Vice Chancellor (Professor Rory Hume) but also the Prime Minister (Mr. John Howard) both of whom lacked investment in the higher Common global pathway, but were enjoying benefits as if they were members of that higher group.

While living in Thunaivi – I was like a Dual Citizen – holding membership with those driven by the intellect and those driven by physical power which includes armed power. As per the natural path of the above guy, he was more powerful than I in his home-area, due to his physical powers. Hence his expression in reaction to my disciplinary expressions. I got the recorded evidence and went to the Police. That night my roof was stoned. Just prior to that my Accountant colleague and family friend Mrs. Malar Fonseka called to find out how I was going – as she usually does. Malar was concerned for my safety. This took me to the ‘other mind-structure’ – the one used by the intellectually driven who identify with causes to prevent disasters. I invoked the support of others in the neighbourhood who did demonstrate respect for me, to guard me in the nights. I needed that because unlike the tough lady leader in that area – Mrs. Rosa Maruthalingam who would  react to suppress them through physical powers – I would tend to follow my own Due Process as per my usual pathway which in that community is like pouring water on buffalo’s back. Unless therefore I ready to remain as part of that community on their terms – a community in which I was not born or groomed – I would have needed physical protection from those being disciplined by me to uphold order in premises which were lawfully mine. That would be like Professor Williams living in Arnhem Land.

In Democracy, elected representatives have to show the common pathway for their voters to live in that particular local electorate and make homes for themselves in that part of the world, largely through common belief. One who is a citizen of another nation would have difficulty switching between different pathways at the primary level. One could elevate the experience to the higher level to naturally integrate with others who have also elevated their experiences through their own particular pathways – as in different religions and one god. But at the primary level switching between systems becomes difficult but is needed to uphold dual-citizenship. I would have failed in Thunaivi, had I lived there as Australian. I lived there as local  and when the negative forces started reacting – as if they were ‘free’ to do so – I distanced myself after giving them their heritage – the Truth I discovered as part of themselves – as I did at the University of NSW also. Based on that Truth they have the opportunity to develop their own rules to interact with wider world safely.

If we did not have the Section 44 restriction, we would effectively be Equal to the UN – just as Thunaivi folks took equal position to react to my disciplinary expression.  The Common Australian Citizen cannot cope with UN rules and regulations and be proud to be Australian at the same time. We need Section 44 restriction to grow tall through our diversity and then integrate with other Nationalities – something that we facilitate communities to achieve within Australia.