16 December 2020
JURISDICTION OVER WAR RELATED DISAPPEARANCES
Christian philosophy says :
“Ask, and it shall be
given you; seek, and ye
shall find; knock, and
it shall be opened unto you:
For every one that
asketh receiveth; and he that seeketh
findeth; and to him
that knocketh it shall be opened.”
my mind, the above is Truth at various points of our seeking. Juniors have to
ask and it is the seniors’ duty to ‘give’ that which is common – as per the
rules of the relationship.
who are Equals must seek and they will find.
have only to knock and the doors shall open. That to my mind is the Universal
power of ownership, on which the voting system is based.
believe that I am an owner of Sri Lanka. Whatever expressions of belief I make
will manifest the other side – to complete the picture of truth and thus empower that
place and time.
Yesterday, I wrote under the topic ‘NO JURISDICTION
OVER EASTER SUNDAY TRAGEDY’. I highlighted
that as per Article 9 of the Sri Lankan Constitution, the Sri Lankan Government
did not have the jurisdiction to subjectively judge non-Buddhists. Belief is the basis of any true relationship.
Today I have the
opportunity to oppose the substance in Colombo Telegraph article ‘Continuing Crimes – Matale To
Mullivaikkal’ which presents the following picture:
Rajapaksa and his Army Commander, Lt. Gen. Shavendra Silva, should explain in
court why newly released government lists show hundreds of Sinhalese and Tamils
went ‘missing’ in Matale in 1989 and Mullivaikal in 2009. Both men remain
criminally liable under international and domestic law for enforced
disappearances that occurred under their command and control. Gotabaya
Rajapaksa was secretary of defence in 2009;Shavendra
was a key divisional commander, who is now
designated by the US government for credible allegations of gross violations of
Recently released data
from Sri Lanka’s
said the ITJP’s
Executive Director, Yasmin Sooka.
The question is ‘What is ITJP’s Jurisdiction? ITJP presents itself as follows :
ITJP was established in December 2013 in response to emerging evidence
regarding war crimes and crimes against humanity committed in Sri Lanka both
during the final phase of the civil war in 2009 and its aftermath. The project
is administered by the Foundation for Human Rights in South Africa under the
guidance of its director, transitional justice expert, Yasmin Sooka.]
It is certainly a ‘foreign’ body to Sri
Lanka. It has no jurisdiction over Sri Lankans including Sri Lankan Government.
It has every right to publish the truth it realised which is highly likely to
look different to the presentation of the experience by the above families.
In terms of the 330 missing Tamils, a
good proportion would have been under the influence of the LTTE which can be
questioned through its heirs – the Transnational Government of Tamil Eelam
(TGTE). There are also individual Tamil
Politicians who claim to carry forward the LTTE heritage. One who seeks the
truth has to first demarcate the boundaries of Sovereignty of the body – in which
the truth resides. In this instance it is Sri Lanka taken as a total. A Sri Lankan has every right to question
another Sri Lankan as per her/his truth. Not a South African nor those who have
declared they are Tamil Nationalists within Sri Lanka.
In terms of families of Missing persons,
each one must decide at family level as per their family experience of that
person. I have knowledge of those who went missing from Vaddukoddai area due to
conflict with other rebel groups, in
addition to Army actions. Some of them live with the memories of their loved
ones which might be better than knowledge of what happened to them which in
most cases would have been Acts of God as the families had no control over the
parties concerned – including those who disappeared. One needs to live with
them as part of their environment to have the right to represent them. ITJP has not had that experience.
[When we lose
self-confidence we let others use us. I will not be used. I realised during the
legal actions I took here in Australia, on the basis of Racial Discrimination
Act 1975, that ‘I would not be told’. It
was one of the Judges of the Supreme Court of NSW who specifically included this assessment in his
honour’s reasons for judgment. I identified with it. My complaint was dismissed
but the lessons I learnt are now available
through my book – Naan Australian - which found its way to the National
Library of Australia, without any intervention on my part. I thus discovered that it was the Truth in
that book that carried it to the Library without any direct input by me. That was a major discovery by me about the
pathway of Truth – that it becomes alive for a believer in need.] – Chapter
2 – Root Cause
Tamils of Sri Lanka need to know that we can do this
by ourselves. If we are asking – to be ‘given’ then we insult all Tamils who
are knocking on the doors of Justice which SHALL open. It does to the true
believer as if Sri Lanka is part of her/him and v.v.