06 April 2023

Gajalakshmi Paramasivam

 

 

THE CONSTITUTIONAL CRISIS & THE PRESIDNCY

Ms Shenali Waduge, a well known Journalist declared that there were resrictions for some Tamils in Northern Sri Lanka:

‘I think you are fully aware that ALL TAMILS cannot buy Land in Jaffna - as per Thesawalamai law’

I responded as follows:

‘If you ‘think’ then it is your imagination. You will find Thesawalamai at  https://www.lawnet.gov.lk/the-tesawalamai-3/. As per this law, purchasers have to  have ‘no objection’ record from the neighbours – often due to caste based cultural differences. That again is not directly written in the law. If you know otherwise, please reveal your source’

The Opposition was based on the following in my article headed ‘MAJORITY  WITH MINORITY ATTITUDE’

‘One of the Tamil Heritages that I had the opportunity to maintain is the Thesawalamai law applicable to Jaffna Tamils. On 09 March 2023, I wrote to the courts as follows:’

Is Shenali’s question relevant? It is, to the extent Shenali was opposing Indian culture. But the problem is that it is a heritage and is not current work of Tamils. Heritages are independent forces with minds of their own. If opposed by marking them right or wrong, the side who is true to the heritage is exponentially powered. I doubt that Shenali would want me to be so empowered.

The current president of Sri Lanka, came to this position through such a power. This is now being referred to as the Constitutional crisis.  As per Wikipedia:

‘A constitutional crisis began in Sri Lanka when President Maithripala Sirisena appointed former president and member of parliament Mahinda Rajapaksa as Prime Minister on 26 October 2018 before formally dismissing the incumbent Ranil Wickremesinghe, resulting in two concurrent Prime Ministers. Wickremesinghe and the United National Party (UNP) viewed the appointment as illegal, and he refused to resign.’

The heritage of Democracy, was used for personal benefits by the then President, in favour of the Mr Rajapaksa who is known for his ‘quid pro quo’ habits. This time the heritage power of Democracy was invoked by the President. Mr Ranil Wickremesinghe quietly opposed it in Parliament and this was followed by Court action, actively supported by Tamil National Alliance.

The root of the lawfully structured presidency in 1978, was seriously damaged in 2018.

 

The Fundamental Rights section of the 1978 constitution includes the following article under Fundamental Rights:

‘12 (3) No person shall, on the grounds of race, religion, language, caste, sex or any one of such grounds, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his own religion.’

If minorities have failed to exercise this power, one is entitled to conclude that they did not get hurt by the discrimination and/or they did not believe in the system of law.

Truth renders one the courage to oppose those above one’s position. Here in Australia, I sued my  seniors knowing I would lose. Given that my pain was genuine and given that I believed in the law through which I took action, my work was taken to Congress library and the National library of Australia. That is the power of One.

Hence when Mr Ranil Wickremesinghe became President, I felt that the heritage of democracy was in leadership.

Today, Mr Victor Rajalingam directed me to the Island report ‘FIDH welcomes UN report on Lanka’s violations of civil and political rights’ at

https://island.lk/fidh-welcomes-un-report-on-lankas-violations-of-civil-and-political-rights/

Victor wrote:

‘The Sri Lankan government will not heed to any  advice whether it is from UN

or any international body. They are fully aware that the UN is only an advisory

organization and cannot punish any country engaged in human rights violation.’

If we believe in the UN values of Equal Opportunity, we would work the system through our truth. Every expression of belief in global public will empower us and the cause of Equal Opportunity.

So Shenali, if I go first, you follow me. If you go first I will follow you.