22 May 2021
MICRONATION OR HARBOUR FOR SILK ROAD VESSELS?
The Colombo Port City was referred to as Micronation
by Tamil commentator Guna Kaviyalahan and as the Vessel by law Expert – Dr Gehan
Gunetilleke, in his article ‘Salvaging the Port City
Project’ published by Daily ft.
As an Australian, I relate
to the Tamil description as the parallel of ‘Principality
of Hutt River/Hutt River Province’ . The difference between the Australian
government and the Sri Lankan government was that the former was diplomatic and
the latter was reactive. The Hutt River
Province was formally dissolved in
August 2020 – 50 years after declaration of political independence. The Tamil
declaration was hijacked by rebels due to both side political leaders being weak.
According to Dr Gehan Gunetilleke - the Port City project is a vessel
that promises to deliver enormous benefits. To be a ‘project’ it has to has to
have a visible beginning and a visible completion, with the net value merging
with the program at the same level of ownership. The Hambantota Project ended
up as loss of ownership of land space by Sri Lankans. It began in 2008. The war
against the Tamil Tigers was escalated and taken to a finish in 2009. To my
mind, that was due to the higher confidence that money gave.
Dr Gehan Gunetilleke states [‘What is
constitutional’ is taken to be a technical legal question rather than a
As per Wikipedia:
[Normativity is the phenomenon in human societies of
designating some actions or outcomes as good or desirable or permissible and
others as bad or undesirable or impermissible. A norm in
this normative sense means a standard for evaluating or making judgments about behavior or outcomes]
To be reliable, the norm has to stem from belief. In
the Australian example – the Common head was the Queen. In Sri Lanka, the British
government was seen as the Common head –
until independence from the British. Tamils failed to accept Sinhalese as their
leaders after that. This was given recognition not by them but by the Sinhalese
who tried to enforce their rule through Sinhala only & Buddhism foremost
laws. When there is different pathways of belief, normative questions have to
be divided and posed in different forms.
Even though we did not openly divide and pose the
normative questions – Tamils formed coalition with Indians and Sinhalese with
Chinese – largely due to their respective religious orders. Our Constitution
itself has so divided us through article 3. If that was belief based and it
needs to be taken to be so due to its continued existence, it applies to Buddhists
and not to non-Buddhists nor to democratic Buddhists.
We recently had bitter experience with the Isle of Man
administration of the estate of my brother in law Mr Subramaniam Yoganathan.
The liquid assets were in Jaffna and in Isle of Man which is the parallel of
the proposed Colombo Port City. In Jaffna, the assets were covered by Thesawalamai
law but under the influence of Colombo lawyers
who seriously lacked belief in Thesawalamai law – Jaffna courts overruled
Thesawalamai law and ruled Equal distribution which meant that daughters who
got dowry received also a share of the residual value known as Muthusum. In
turn – they withdrew the monies in Barclays Wealth in Isle of Man, without the
consent of my husband. The empowerment was given by Jaffna Courts which have
become isolated from the common judicial
minds of Sri Lankan Judicial elders. We are now planning on suing those responsible.
In the meantime, I have written a book in Tamil to help the indigenous folks in
Jaffna, to whom Thesawalamai Law is applicable. Some of them seek my advice in
such matters so they do not have to go to courts.
Knowingly or otherwise, Tamils have created this
micronation which is effectively an island. Their parallels in Southern Sri
Lanka have created the Colombo Port City due to separatism karma.
Dr Gehan Gunetilleke concludes as follows:
[Make no mistake, the Port City
project can be enormously beneficial to the Sri Lankan public. It is therefore
a project worth improving and preserving. But several problematic features of
the current law will prevent the Sri Lankan people from reaping the benefits of
the project. If they are not addressed, the vessel, and all the promised
benefits on board, will sail away, leaving us Sri Lankans behind.]
This confirms that Dr Gehan Gunetilleke lacks the experience
at his level. As Einstein declared ‘The only source of knowledge is experience’. In democracy, this is the experience of
the common citizen and not that of the ruler. When the citizen who follows the
law feels the pain of loss due to the ruler, including the judiciary, declaring
her/him a failure, s/he becomes wise in that subject matter, provided s/he does
not take lesser benefits. On that basis – to me the Port City project at best
will be like the Isle of Man if driven by clever business but ruthless minds and/or
would be like Tamil Eelam controlled by Communists. All because we sought
isolation away from democratic nations.