16 July 2020
Why Repeal 19A - when it has the structure you seek?
The subject matter of the email was ‘National Leader Prabhakaran : Even a small snake must be beaten by a big stick’
To the extent the author of the above message considers Prabhakaran as National Leader – that author disqualifies as a democratic leader in communication. S/He is an autocratic leader. Likewise any person who takes on leadership independent of an election. It was this kind of claim that led to Separation as Sinhala Nationalists and Tamil Nationalists – to equate which some Muslim Nationalists also showed their power last year. None of them are Democratic leaders. Together they separated Lankans as minorities.
The 13th Amendment to the Lankan Constitution is confirmation of Tamil Nationalism. The 19th Amendment to the Constitution is confirmation of Lankan Nationalism.
As per Island interview ‘Udaya pushes for repealing of 19 A, warns of SOFA, MCC et al’ -
Attorney-at-law Mr Udaya Gammanpila declared:
[The PHU (Pivithuru Hela Urumaya) has been built on three pillars. Those are nationalism, eco-friendliness and righteousness.]
As per the same interview – Mr Gammanpila stated:
[The 19th Amendment has created three head Executive, namely, President, Prime Minister and Speaker.
As long as these three persons do not cooperate with each other, the nation cannot move forward. That is what happened during the previous regime. US Think Tank, The Heritage Foundation has mentioned in one of their analytical reports on Sri Lanka that the clash between the President and PM was the main reason for the failure of the previous government. That is why the Government seeks a two third majority to introduce a new constitution. ]
I identify with the ‘clash’ – that resulted in the Constitutional Crisis as being due to clash between Sinhala Nationalism as represented by Mr Sirisena – the Buddhist President and Lankan Natinalism as represented by Mr Wicremesighe. The parallel in Tamil community are those Heirs of Armed Rebel Leader and Political leaders like Mr Sampanthan and Mr Sumanthiran who consider themselves as Lankans.
Going by my own experience – Jaffna Judiciary was not able to uphold the fundamentals of Thesawalamai Law whereas Colombo Judiciary upheld my Property Rights in Colombo – above of Sinhalese who claimed Prescriptive Rights. This case is the parallel of Sinhala or Tamil Nationalism v Lankan Nationalism. Lankan Nationalism won.
The strangest discovery happened when I got ready to argue the case after terminating the services of senior counsel who failed to demonstrate common belief based relationship – by appearing for our opposition in the Thesawalamai case referred to above. I had the English translation of the transcript and it was helpful in preparing the Appeal as per my Australian experience. After completing it I was seated near my meditation spot and the address came to my attention. I cannot read Sinhalese but my husband can. I identified with the number. The details were shared as follows:
[How Sovereign are Australia’s Borders? – 29 March 2017 – at http://austms.blogspot.com/2017/03/gajalakshmiparamasivam-29-march-2017.html
[We approached the Narahenpita Police through a lawyer friend to check on our land in Narahenpita after we heard from our Attorney that someone had started occupying it while we were overseas. The report we received was that the Police did not act. The guy who occupied filed a case against the Police Officer – one Fabian Mitchell and another S.Periyasamy. Our side application to subpoena the Officer was unsuccessful. But I learnt through my detailed study of the evidence before the Court that S.Periyasamy’s address was given by the unlawful occupier Piyadasa as that of the land under dispute. That Truth surfaced to support me. I have submitted this to Court and await to observe the Judgment. My vote for the Sri Lankan Judiciary would be allocated or denied accordingly.]
To me – that was the miracle of Belief. I forewent average pleasures of my parallels in Relatives and Friends including to pawn most of my jewellery to purchase that land from Mr A T Benedict who was our Director of Studies at the Institute of Chartered Accountants and to whom I attribute credit for my knowledge of fundamentals in Accounting. The land carries all those belief based values. Belief based values consolidate naturally.
The Tamil community is a mix of many sub-cultures. Tamil Nationalists who represent indigenous Tamils are different not only to those who are Lankan Tamils but also Heirs of Armed Rebels. One culture will not work naturally in the structure developed by another.
The Australian film ‘In My Blood It Runs’ confirms the inner conflict when Indigenous culture is indiscriminately mixed with mainstream culture. Our true belief through a particular form that dominates our mind most of the time – is our blood culture.
The main Tamil Political Party that represents Indigenous Tamils more than others is Illankai Tamil Arasu Katchi. But to work at national level it needs the belief of those who have progressed to National level. Current examples are Mr Sampanthan and Mr Sumanthiran. As per the email referred to above Tamil Political leaders the Hon SJV Chelvanayagam, the Hon G.G.Ponnambalam & the Hon Neelan Thiruchelvam sought the independence of the Tamil Community through Tamil Nationalism policies. One does identify with this. But this is different to the values of Separatism as espoused by the author of the email – Tamil Diaspora News - who declares that s/he is a follower of rebel leader Prabhakaran. The two groups do not merge naturally at Equal level. All three politically elected leaders invested in Colombo as National Capital. Through their investment in the structure of Law – they Administratively invested in more educated Tamils including beyond Lankan borders. Like in the above Land case – belief is all powerful and protects those who believe.
At the primary level – this belief is largely through local experiences. If the locals do not seek to go beyond those borders – we should not invest in higher science and maths – common globally.
Mr Gammanpila claims - ‘The 19th Amendment has created three head Executive, namely, President, Prime Minister and Speaker.’
He states also [The PHU (Pivithuru Hela Urumaya) has been built on three pillars. Those are nationalism, eco-friendliness and righteousness]
The Governing President represents Nationalism. The Executive Prime Minister represents Righteousness by using Buddha Sasana and facilitating other religions to independently practice their beliefs. Eco-Friendliness is maintained by the Speaker who regulates the conduct of People’s Representatives which then spreads naturally through osmosis.
In truth Mr Gammanpila needs the 19th Amendment and Tamils already have self-administration powers through the 13th Amendment. One who believes in the whole will work the whole. One who believes in land based separation should limit her/himself to local government and provincial elections. All followers of rebels who are participating in these national elections – have effectively declared that they have given up separation claim.