Gajalakshmi Paramasivam

23 July 2018

Death Penalty & PTA

 

[President Maithripala Sirisena today reiterated that he will carry out implementing the death penalty on those convicted but still involved in drug trafficking from prisons, even amidst any obstacles.  

The President stated that the front page of a certain newspaper had carried an article claiming that the government was going to reverse its decision on implementing the death penalty. 

“That is completely untrue. No matter what kind of objections come, the necessary steps will be taken to implement the death penalty against drug traffickers,” he said.] adaderana.lk

[“People can interpret a position that we take as that of the Tamil diaspora,” she continued. “That is the way they view it. But from the point of view of the Commission, its opposition to the PTA or its support for the Office of Missing Persons has nothing to do with what the Tamil diaspora does or does not say.”

When the Commission works on torture, people would raise the issue of “Tamil torture or Sinhala torture”. The Human Rights Commission rejects that. “It is irrelevant to us whether it happens in the North or South or East or West,” Dr Udagama said. “We need to deal with the phenomenon of torture.”] Sunday Times report – ‘HRC Chair hits out at dangerous moves to undermine independent body’

The question that we need to ask is – ‘Is the stand taken by Human Rights Commission in relation to PTA (Prevention of Terrorism Act) based on the  same principles as its stand in relation  to the implementation of the Death Penalty ?’

 PTA facilitated the death penalty especially on Tamils who killed and/or had the potential to kill fellow Sri Lankans and worse those around them due to family and community ties. The process was different but the intention was the same. If Sri Lankan Politicians were reliable and dependable to act as per their conscience, PTA is as harmless as the Death Penalty Law  in Sri Lanka. Whether it happens in North or South needs to be relevant to Sri Lankan Human Rights Commission because the internal access networks to the Government are weaker in North than in South where voting power is a strong driving force in relation to implementation – to ‘show’ outcomes that the voters like to ‘see’.

Tamil Chief Minister of Northern Province, Mr Wigneswaran for example is reported to have stated as follows at the International Conference in relation to ‘Women’s Leadership in Post war Environment’ – held yesterday at the Jaffna Library:

 

 English translation of the summary

 

‘Tamils are Traditional owners of this Nation. Today, they have been sidelined to live as minority. The Government expects Tamils to act as puppets in all issues. We live in an environment where we have to fight to win our every need. Some Parliamentarians are shouting that Tamils must be obedient servants or that they would be packed back to neighbouring countries. The Government does not take action against such persons. But when the honourable Vijayakala Maheswaran said something her ministerial title was withdrawn. They are taking action through Crimes Prevention Division.

This situation should not continue. If we seek to be self-governing  citizens in our home areas – they are howling that we are seeking Separation. These continuing pressures would settle down. Until then our calls for our rights would continue to be voiced.’

 

Section 2 (1) (h) of Prevention of Terrorism Act states:

(1)   Any person who—

(h)   by words either spoken or intended to be read or by signs or by visible representations or otherwise causes or intends to cause commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups; or  shall be guilty of an offence under this Act.

 

If Mr Wigneswaran, did wear his Judicial hat and therefore have the power to apply Prevention of Terrorism Act, would he have as a person true to his Title ‘Justice’ ruled Mrs Vijayakala Maheswaran and indeed someone who spoke as he did – guilty or not guilty as per this Legislation?

 

Then if Mr Wigneswaran wears his other hat indicated by ‘Guru Brahma…’ would he have used double standards – one for Tamils and another for Sinhalese? The Rule of Truth is only One at that place at that time.

 

Where citizens are largely ignorant of the law and they are desirous of high official positions, they copy their leaders to impress the voters/followers. If they implement the law blindly and it hurts one who has knowingly or otherwise practiced that law positively, the punishment is returned to such leaders often through the system of karma – especially through the system of karma where adherence to law and order is low in regards to the real values underpinning such law. To my mind, that was how former Australian Prime Minister Mr John Howard lost his seat and was dismissed by People’s true power. I contributed to this in my own way. Likewise Mrs Bandaranaike and Mr Mahinda Rajapaksa respectively  were demoted by their own People. During those times, the Common power would have been highest due to common deep pain.

 

Tamils need to appreciate this – especially on behalf of those who remain in Sri Lanka after the exodus. At individual level – a Tamil is likely to have suffered more than a Sinhalese during those reigns. But it was the suffering of the Sinhalese and their identity that they suffered due to those leaders – that gave birth to the Natural Law of Equality when a community is Sovereign. This would happen again and again if Tamils continue to perform at high levels as if they / we are the owners that Mr Wigneswaran is referring to.

 

There has to be some service component for us to feel ownership. The way I experienced here in Australia – in Sri Lanka also minorities experienced discrimination. By accepting it without demoting the standard of my work as a professional,  I became an owner. When there was enough ownership credit at my professional level – I challenged the system by sacrificing my earned benefits and opportunities. Then I invoked my true powers. Those true powers consolidated the powers of all those who unjustly suffered due to the same negative Energy in my opposition – and defeated  that negative Energy to which we gave form as per our own true experiences.

 

The parallel of that in Sri Lanka is not only minorities who protested on the basis of their Truth  but also those who were allegedly part of majority race but were victims of those elected to power despite this.  Minorities tend to have lower thresholds, relative to Majority due to their expectations through common faith. The punishment is stronger when our own punish us.

 

Sunday Times for example, reports:

 

[Pro-Eelam lobby claims credit for Paisley probe
A British Parliamentarian made an emotional apology in the House of Commons on Thursday for failing to acknowledge two family holidays funded by the Sri Lankan government in 2013. This came after a British Parliamentary inquiry found him guilty of engaging in “paid advocacy”.

Ian Paisley Jr, representing the Democratic Unionist Party (DUP) of Northern Ireland, has been suspended for 30 days from the House of Commons for his failure after the House of Commons Committee on Standards recommended the suspension. Mr. Paisley Jr said his failure to acknowledge the Sri Lankan holiday trips was a “genuine mistake” and total failure while noting “I accept the report but I do so regret its sanctions”

The inquiry found that the two Sri Lanka trips which included business class air travel sponsored by SriLankan Airlines, first class accommodation at top hotels, and helicopter tours to tourist destinations “provided a very substantial personal benefit to Mr Paisley and his family”.

The inquiry has also established that Mr Paisley Jr breached the House’s rule on paid advocacy (lobbying in return for reward or consideration) by writing to the British Prime Minister on March 19, 2014 to lobby against supporting a UN resolution on Sri Lanka. Britain’s active pro-Eelam lobby claimed credit for calling for an inquiry on Mr. Paisley by the House of Commons Committee.]

The threshold for pro-Eelam lobby would have been low due to their own measures of rights and wrongs and therefore the distance between them and those in official positions. This is the value that Tamils and Muslims have – provided they ‘wait’ until the right time to declare their Truth. When Truth is so declared – the system of Natural Justice must deliver at the level – the declaration was made. Minorities must ‘wait’ until their reserves through forbearance is equal to or greater than that of that part of majority that has become negative energy. Tamils who did so wait – earned the Equal position in National Parliament. This will continue to repeat itself so long as significant section of the Tamil community seeks to be Sri Lankan and not Eelam only. There is room for both including in Sri Lanka. One should not invade the other’s space – including in her/his mind.

Human Right is more about Truth than about rule of law. Hence the Commission has the duty to not generalize and lose the value of this lower entry that would naturally oppose extremists on the other side.