25 July 2022

Gajalakshmi Paramasivam

NO JURISDICTION FOR OUTSIDERS TO PUNISH MR GOTABAYA RAJAPAKSA

Strange are the ways of Natural Justice. One of its names is Karma. Those who believe in the system of Karma, will identify with its role in the recent manifestations of Sri Lankan governance. From time to time, when I experienced exceptional difficulties, I would ask my god within ‘why me’. Now I know that they were actually Opportunities that expanded my ‘home-circle’.

Paavam or Punniyam / Sin or Virtue, they lead us. When that happens, humans no longer have direct control of the matter.  Hence the saying ‘Man proposes, god disposes’ – which to my mind means ‘man makes fact; god disposes the body of fact to expose the truth in the fact to the believer.

As per report headed ‘Rights group seeks arrest of ex-Sri Lanka president in Singapore’ at https://www.aljazeera.com/news/2022/7/24/rights-group-seeks-arrest-of-former-sri-lanka-president :

[A rights group documenting alleged abuses in Sri Lanka has filed a criminal complaint with Singapore’s attorney general, seeking the arrest of former President Gotabaya Rajapaksa for his role in the island nation’s decades-long civil war.

In its 63-page complaint filed on Saturday, the International Truth and Justice Project (ITJP) said Rajapaksa committed grave breaches of the Geneva Conventions during the last days of a 25-year-long civil war when he was the country’s chief defence official.]

 

The ITJP’s Executive team includes Ms Yasmin Sooka, about whom Wikipedia has published as follows:

[She was member of the South African Truth and Reconciliation Commission and of the Sierra Leone Truth and Reconciliation Commission, a member of the United Nations Report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka to investigate war crimes in the final stages of the Sri Lankan Civil War, and currently serves as the Chair of the United Nations Commission on Human Rights in South Sudan]

In terms of Sri Lanka, the ‘intelligence’ gained was on the basis that Ms Sooka was part of the UN structure. It is immoral for anyone to use it outside that structure. In addition, given that Ms Sooka is African – she has no jurisdiction in relation to how Sri Lankans interpreted ‘what happened’. Sri Lankans are neither Tamil Nationalists nor Sinhala Nationalists.

UN has the jurisdiction over Sri Lanka as a Common entity. This requires the UN to ensure that its published facts do not favour one side against the other. War atrocities were committed by the LTTE. Within Sri Lanka, the Government’s side was directly led by General Sarath Fonseka. Administratively, Mr Gotabaya Rajapaksa came under the management of the then President Mahinda Rajapaksa. How can this middle man be held solely responsible for war-crimes? Was it because he was American at that time? Is the current action due to him being ex-president?

The question arises whether the individual could be separated from the institution and punished separately by outsiders. As per Natural Justice, an individual who has truly suffered due to the actions of another from within the same group has the jurisdiction to punish to prevent future such actions, where no other avenue is available through an institutional structure common to both. Such action needs to be strictly limited to the pain experienced by the victim and no more.

The Armed forces of Sri Lanka were deployed to eliminate the LTTE. If the LTTE had not by this time, killed Tamil Political leaders, one could genuinely believe that they represented the Tamil community. They represented their own clan, separated on caste basis. Hence in the Court of Natural Justice, they exceeded their jurisdiction when they punished those who were not juniors within the clan. Yet the ITJP seems to have left the LTTE out of the Equation. This has resulted in grave injustice to law-abiding Tamils who seek to be Sri Lankans or are already Sri Lankans.

I am a Tamil Sri Lankan, with relatives in Singapore. Many of them are of the same religious faith as I. This morning, I shared as follows about Mr Gotsbaya Rajapaksa, with a group of Sri Lankan qualified Medical Professionals (MP):

 

MP (Tamil): Hi Gaja, it is relevant you recall the Holocaust of 1983 on innocent tamils not only in Colombo but all over SL. But you have missed 56, 58, 77 that finally culminated in 83 that was created by JR, Mathew, Lalith and Gamini with the support of armed forces and buddhist clergy.

Gaja: You confirm that 83 was the common outcome of unregulated civil unrest. To talk about others confirms ‘separatism’ / divide and rule.

 

MP (Tamil): I know plenty of Sinhlala people were ashamed and emotionally destroyed by what happened.

Gaja: If you had shared that like Pearl did, I would have picked it up. There is a huge difference between ‘private intelligence’ and ‘Public intelligence’. The source of Freedom to publish is the courage that comes from knowing that you and the Public are One – in your mind. This is commonly known as ownership.

MP (Tamil): One of my  Sinhala friends told me that SL is not a country to bring up children and sent both his son and daughter abroad.

Gaja: You mean they profited from the pain of Tamils?

 

MP (Tamil): But sadly Sinhala people did not learn from that and thus we had  continuous disasters.

 

Gaja:Those who took advantage would not learn. To learn, one has to have the common experience – as if the Tamil pain was Sinhala pain. As you yourself stated – they took advantage. The basis of Commonness is self-sacrifice.

This was followed by another, based on the following information:

‘SLPP lawmaker Prof. Channa Jayasumnana yesterday (20) said that several dozens of those who assured and reassured their support to presidential candidate Dullas Alahapperuma had switched their allegiance to UNP leader Ranil Wickremesinghe at the last moment…..’at https://island.lk/last-minute-desertions-undermined-dullas-camp-prof-jayasumana/

MP (Tamil): If this utterly racist guy wants justice and fair play from fellow crooks then that shows how stupid he is. He himself got into parliament for doing a racist campaign in favour of Gota and Gota rewarded him with a portfolio. He is mainly behind damaging Dr Shaffie. Now this fellow is talking about honesty. This guy still does not know how money works in the SL parliament. 

Gaja: When GR rewarded Prof. Jayasumnana, that was a on quid pro quo basis. That was the culture of the Rajapaksas and hence SLPP. It is the parallel of Australian politicians using refugee claimants like Nadesalingams  as political pawns.

When the protestors demanded his resignation, and Mahinda stepped down GR became an individual driven by his conscience. I learnt about this side of GR in 2009 in Vavuniya where the caretaker at Sri Sathya Sai Baba Centre informed that GR had prayed at  the centre before going to the camps. I myself went to Sri Lanka ahead of my schedule due to my brother in law who was at Yoga Swami  Home for Aged – ended up in Pampaimadu camp and passed away on 04 May. That was when Professor Sathananthan  urged me to go to the camps. When our nephew – the son of the said brother in law rang me, I felt he needed me and I left that very day. After the funeral in Colombo, I began working on the approval of the Health Ministry to go to the camps. As part of the preparation, I went to Sai Baba Centre at Barnes Place. I was then confused about who was right. Then the thought of 13 soldiers came to mind and at that moment, a flower from Sai Baba Swami’s photo fell.  I took that as indicator from within that to me as Sri Lankan, the soldiers were right. This meant GR was right at that time in that role as Sri Lankan. To a Tamil Nationalist – the indicators would have been to oppose the Army and such a person would have done so with respect. I was Sri Lankan and hence my indicators were to protect Sri Lankans. Later I shared this with Professor Sathananthan’s group which included Shenali Waduge. Shenali then expressed appreciation that I had the courage to share my truth.

I interpret GR through that truth as Sri Lankan. I therefore recognize that he handed over the responsibility of saving Sri Lanka to Ranil – the person who best fitted the position. That made amends for his failure to punish soldiers who acted immorally during the 2009 war. Now GR is a true Sri Lankan as an individual.