20 January 2024

Gajalakshmi Paramasivam

 

SRI LANKANS & RACISM

 

The most interesting mail today is headed:

Wigneswaran points out the root cause of Sri Lanka’s Ethnic Conflict’

My morning’s mail was headed ‘RACIAL DISCRIMINATION’. It was shared with fellow members of our Strata community.

I looked for parallels in statements by Mr Wigneswaran:

 

1.   ‘Wigneswaran points out the root cause of the ethnic conflict in Sri Lanka very clearly. He states that the Tamils of the northern and eastern provinces, unlike the Muslims and plantation Tamils, “have always occupied the area now roughly covered by the Northern and Eastern Provinces. There had been continuous occupation of the North and East throughout history by the Tamil-speaking people……..In fact, their occupation extended up to Negombo in the Western Province and up to Kathirgamam in the South East. The Sinhalese have never occupied the North and East in large numbers except after 1833 when the country was brought under one administration by the British’.

The above confirms use of residence as the criterion to measure ownership. As a law expert, Mr Wigneswaran, would be aware of the requirement of the following to satisfy belief of ownership:

(a)        Identity of corpus

(b)        Plaintiff’s title

(c)        Defendant’s wrongful occupation

(d)        Damages caused to Plaintiff

 

In Leisa and another V. Simon and another [2002] 1 Sri. L.R 148 it was held that an averment of prescription by a plaintiff after pleading paper title is employed to buttress his paper title. As per my knowledge, Mr  Wigneswaran who was part of the Judicial panel confirmed his logic as follows:

 

“A person is in possession of a house for example, when he or his servants or licensees are living in it, if he or they are absent from it, he would still be held to be in possession, if such absence was only temporary. In this case the brother of the 1st plaintiff (1st defendant) could have been in occupation and still the 1st plaintiff would have been in possession simultaneously.”

 

On the same basis, traditional Tamil areas, would, by belief owned by Tamils even if occupied by non-Tamils.

 

As per Hindu philosophy, Once we take the spiritual pathway, we realise that which is invisible:

 

‘கண்டேனவர்திருப் பாதங் கண்டறியாதன கண்டேன்.’  I saw the  Holy Feet/Pathway ; I realised beyond the seen and the known.

 

Belief is invisible. We do not need to prove it, except when disturbed. Kathirgamam for example is owned in Common by Sinhalese as well as Tamil Hindus, as per their own experiences.

 

The political parallel of paper title in Prescriptive right challenges, is majority vote. When Mr Wigneswaran claims belief based rights , he buttresses his election by  majority vote. It is now time to act . Following is an excerpt from my latest book on Preventing Racism through practice of law:

 

‘Punchi Banda Jayasundara is a Sri Lankan economist. He was the former Secretary to the President, Gotabaya Rajapaksa….

 

Jayasundera along with the Rajapakasha brothers and others were found guilty of economic mismanagement between 2019 and 2022, by the Supreme Court of Sri Lanka which stated on 14 November 2023 that the respondents have breached the fundamental rights to equal protection of the law in terms of Article 12(1) of the Constitution in a fundamental rights petition filed by filed by Transparency International Sri Lanka (TISL) and other four activists.’

 

It is now Mr Wigneswaran’s turn to file a fundamental rights case, through belief in his alma mater.

 

13 January 2024

Gajalakshmi Paramasivam

 

 

TAMIL HERITAGE

 

I received news of Gajendrakumar Ponnambalam’s emotional outburst, recently in Sri Lankan Parliament . It was invoked by Justice Minister Dr Wijeyadasa Rajapakshe . The minister ‘found fault’ with  Mr Gajendrakumar Ponnambalam’s grandfather. I responded as follows:

 

 

‘The Minister was acting in breach of fundamentals of Democracy, by referring to the Hon GG Ponnambalam. It was made worse by the fact that this Parliamentary Elder is not physically alive. This was in breach of ‘Of the dead nothing but good is to be said.’

 

As per my research, democracy is a linear system. Hence majority get to form government. It is NOT on merit basis. When majority is taken as ‘Seniority’ it is in breach of the system of Democracy, in which Equal status of the opposition needs to be confirmed at all times.  I recently shared as follows, in this regard:

 

‘In Sri Lankan Tamil community, Political law-makers , who previously enjoyed leadership status were now opposed by armed rebel leaders, who declared that they were the ‘sole representatives’ of Sri Lankan Tamils.

Political leadership  by  elections is through  faith in bottom up system of Democracy. Hence government of the people, by the people, for the people. One who fights for self governance, would at all times, maintain Equal position and not take ‘senior’ position.’

It is highly unlikely that Sri Lankan politicians would change. The only Parliamentarian who expressed Opposition to Racism was Mr Dilan Perera. The Island has reported as follows:

Badulla District SLPP dissident MP Dilan Perera, during the debate, said that ONUR office had been neglected during the time of Gotabaya Rajapaksa’s presidency. “The first chairperson of ONUR was former President Chandrika Kumaratunga. President Rajapaksa was not against reconciliation but was against Chandrika Kumaratunga. So, this office was neglected because he did not like the chairperson. Passing this Bill would show our commitment towards reconciliation. If implemented to the letter, the provisions of this Bill would be able to put an end to the culture of politics and politicians who capitalize on race, language, religion and caste. These differences perpetuated by identity politics still exist; it is that brand of politics that keeps us down as a nation,” Perera said

We, the People have the power to defeat politicians, who are Racists, by developing our own multicultural projects, by using merit basis on Project basis. When merit-based measures are used, subjective measures would become of heritage value. Heritages are sovereign powers that direct their heirs from within. The Hon GG Ponnambalam’s contribution to Sri Lankan Politics is of Heritage value and the speaker had the duty to Discipline the Minister.

 

 

 

FIGHT OR FLIGHT FROM CONFLICT AREAS

 

 On 07 October 2023, I shared my insight as follows:

 

‘I believe in the system of karma and in rebirth, as a consequence of my karma. But, I do not have any right to make laws and policies on the basis of my personal karma to bind my juniors, including my children. As per my search, the current Canadian government includes two members who seem to carry Separatism genes. One is Mr Gary Anandasangaree and the other is Mr. Justin Trudeau’….The  for the full article is in the Appendix

A good proportion of Sri Lankans left the island nation, due  to the war . Some stayed and fought. I had already left in 1982, to earn money in Papua New Guinea, to build a home in Colombo.  Now I feel that that was my destiny.  Now when I go back, I stay in a place similar to Arnhem Land in Australia.

 

Those who left for good, would need to be taken as being in the ‘flight’ group.  One such group is Global Tamil Form(GTF), which declares its vision as :

 ‘ Our founding vision was to promote justice, peace and a permanent political settlement to the Tamil national question through non-violent, democratic means, dialogue and negotiation.’

 

The corpus that GTF is referring to, as per the law is the area in the U.K. where Tamils of Sri Lankan origin live as a community.  It is NOT Tamil areas in Sri Lanka, that they left behind. Now they at the individual level, have the right to go back to their ancestral properties – which include the properties left behind by them and taken care of. They have no jurisdiction over Sri Lankan Tamil areas through Politics.  Sri Lankan electorate is part of Sri Lanka. When that particular becomes Common, the Nation is Sri Lanka. Similarly,  a Global Tamil electorate has the right to participate in Global politics  through belief – as in Prescriptive Rights. Belief based ownership is invisible. It has the power to sustain hardship. This elevates the investment to heritage level. Heritages advise from within. They need no ‘agreement’.

In Hindu Trinity, Shiva is depicted as half male and half female. This is the form of  belief. We give and we receive. When I write, I am conscious of the ‘facts’. The Common reader is invisible within me. That reader is the Energy / Shakthi that continuously reads my work. When we sacrifice projected  benefits from our work, it becomes our Other half. Hence the following dedication in my book:

You Reader, my other half

 

 

I shared this recently with our Prime Minister, as follows

‘The deeper we go into our own belief through any form, including secular law or psychology, the closer we are to merging as One.

As you would know, in  law, there is the Adversarial process and the Inquisitorial process. In Hinduism, they are known as Dvaita system and Advaita  (No Dvaita ) system respectively. In Democracy, the People are taken to be separated from the government. Dvaita means dualism.’

 

The power of Indigenous Australians is our other Half. Our true investment in Autocracy becomes invisible when we change to Democracy and v.v. This is why Monarchs become less visible in a Democratic Nation.

Likewise, the more philosophical we become, the more enjoyable the Advaita  (No Dvaita/No Dualism )  pathway would be. In my work with juniors enjoying Equal status of Democracy, I use Dvaita/Dualism pathway.

 

 

Currently, GTF’s  Himalayan Declaration Nagarkot, Nepal - 27th April 2023, is very visible  in Sri Lankan news. It includes the following:

 

‘Statement3

Arriving at a new constitution that guarantees individual and collective rights and promotes equality and equal citizenship among all peoples, ensures accountable institutions and guarantees adequate devolution of powers to the provinces, and until such time focus on the faithful implementation of provisions of sharing of powers in the existing constitution.’

 

Given that every Constitution is required to be a self declaration of belief, GTF’s above declaration if belief-based confirms all the deficiencies in the particular part/electorate  of Global Tamil Community and not in Sri Lankan Nation.

This interference would have been ‘prevented’ if the Community /Electorate that GTF represents, had taken rebirth and heard the Voice of its own invisible  soul/ female half.

 

 

 

 

APPENDIX

 

07 October 2023

Gajalakshmi Paramasivam

 

IS SEPARATISM GENETIC?

 

 

I believe in the system of karma and in rebirth, as a consequence of my karma. But, I do not have any right to make laws and policies on the basis of my personal karma to bind my juniors, including my children. As per my search, the current Canadian government includes two members who seem to carry Separatism genes. One is Mr Gary Anandasangaree and the other is Mr. Justin Trudeau.

 

There is everything right about separatism, provided one operates within that smaller circle only. On 21 March 2023, Mr Gary Anandasangaree is reported to have discussed Sri Lanka’s IMF package with Tamils:

 

On Parliament Hill, Liberal MP Gary Anandasangaree discusses the International Monetary Fund’s bailout program for Sri Lanka to help bolster the country’s struggling economy. He is joined by Ahrabi Rajkumar (advocacy lead for People for Equality and Relief in Sri Lanka), Madura Rasaratnam (associate professor of comparative politics at City, University of London), and Sri Thanabalasingam (an economist). – Youtube presentation dated 21 March 2023

 

Mr Gary Anandasangaree refers to Sri Lanka as the ‘rogue-state’ and expresses his expectation of political solution towards self-determination by of the people in  the North & East and independent economic trajectory by themselves.

 

To my mind, this is interference with the sovereignty of Sri Lanka. Mr Gary Anandasangaree was in the party that declared belief in Tamil Nation within Sri Lanka, through Vaddukoddai Resolution 1976

 

When given form outside Sri Lanka, it is in breach of the laws of sovereignty. Otherwise the issue ought to have been taken through official global structures.

 

Canada’s own separatism issue is presented by Wikipedia as follows:

 

‘Alberta separatism comprises a series of 20th- and 21st-century movements (both historic and current) advocating the secession of the province of Alberta from Canada, either by joining the United States, forming an independent nation or by creating a new union with one or more of Canada's western provinces.

Alberta was established as a province on September 1, 1905. Alberta separatism comes from the belief that many Albertans hold that they are culturally and economically distinct from the rest of Canada, particularly Central Canada and Eastern Canada, because of economic imbalances whereby Alberta is a net over-contributor to the system of equalization payments in Canada.

1970s: beginnings of modern separatist ideals

The modern ideal for a separate Alberta nation began in the 1970s, as a response to Prime Minister Pierre Trudeau’s pursuit of bilingualism and Multiculturalism in Canada, and the National Energy Program. These programs were seen by many Albertans as an attack on oil resources; the promotion of Liberal "anti-Albertan" values were viewed as a negative influence by many Albertans.

 

Support for Albertan separatism has increased significantly with the Canadian federal election victory of Justin Trudeau’s Liberal Party on October 19, 2015. Trudeau, the son of Pierre Trudeau , became prime minister with a majority government, and re-inspired the Alberta separatist movement. 

 

The diplomatic conflict between Canada & India is centred around separatism. It is not surprising that Mr Justin Trudeau teamed up with  Sikh separatists. But like Gary he also changed the corpus. Gary shrunk his to Tamil Eelam which has no official body and Trudeau’s is Alberta. The two may eventually merge, but unless they have official position of Opposition in Canadian parliament they would cause structural damage to any democratic parliament they are part of.

 

 

I acknowledge, the Traditional Custodians of the land of Koojah / Coogee, on which my home building, Coogee View, stands  and pay my respects to our Elders past and present and emerging.

 

 

 

The Hon Anthony Albanese MP

Prime Minister

Parliament House

Canberra, ACT 2600

01 January 2024

Dear Mr Albanese,

 

LISTENING TO THE VOICE

I seek to share with you, my feelings on how to prevent Racial Discrimination, by listening to and respecting ‘The Voice’ of Elders

Please see attached a list of ‘facts’ in chronological order.

I invite you to go through the experience as a citizen with zero  status, except that you are Australian, but with knowledge of the law. In other words, we begin the journey with zero advantage over the other.

1.   The Common Measure

As you go along mark yourself ‘right or wrong as per the law/theory, common to both sides. Remember at all times of this journey that you are a citizen without portfolio. As per that measure with me as the measurer, I score 100%.

If you also get that , then ask yourself, why you were not heard. The possible response would be ‘they are ignorant’. But, what if we interpret the same law differently, due to the inner voice that says ‘be smart and win for the benefit of the whole, as you would in the position of PM.

Initially, I also concluded as an Equal. Hence I set out to educate.  This will be confirmed by the ‘facts’. I wrote as follows in relation to my pain which induced me to walk out of the AGM on 20 December 2023 at 8:10 PM:

 

‘…But last evening after you confirmed ignorance, of higher knowledge of Accounting and were ‘telling’ me, I became Kali. Hence I walked away. This is like ‘Dream-time visions that our indigenous folks go into.  Our Truth resides there. When we invoke ancestors, we believe in, we go into their world. Hence I took Kali form. The hotel guy with the tattoo joined me outside when I was arranging the papers, using the floor as my table. My decision to complain was influence by Mother Kali. Rowena ridiculed my book ‘Naan Australian/ I am Australian.  That book got carried to Congress Library  because of my belief . In response to  my warning of Legal Action on the basis of Racial Discrimination, you have responded ‘Thank you for your email it has been noted and filed.’  I interpret it as ‘I lack independence in these matters because I am medium of the Treasurer Mr Tony Quigly – the Oligarch  who caused the Admin Fund to be overdrawn by $52,359.77

When I stated that this was NOT approved by the Owners’ Corporation, you stated that it was in One Account and that the law allowed it . When I asked you which section of the Act, and you did not know. When Ms Felisa Piper asked you whether it would be put back you said ‘yes’ and Ms Felisa Piper accepted your answer. Then Ms Felisa Piper engaged with Mr Quigley and seemed to eagerly accept his responses. Thus Ms Felisa Piper also contributed to subjective power of like-minded folks making decisions through majority power by hurting minority who follow the law. I am waiting eagerly for that section that authorises ‘borrowing’ from Capital funds. Your assistant who ‘shared’ the Management table of Power with you, also seemed as bereft of higher intelligence as you.

 

 

Conclusion: We were interpreting the same law as per our respective positions to lead or to oppose

 

 

2.   Autocracy or Democracy

 

Dear PM, you sought the Voice of the of Indigenous Australians to be recognised in our constitution. Those who believe, in their Elders will hear their voice intuitively. I heard my ancestors’ voice. Hindu Indigenous cultural beliefs are merged in me with Australian Indigenous cultural beliefs as well as British ancestral values through my education, including as a Sri Lankan Charted Accountant. The deeper we go into our own belief through any form, including secular law or psychology, the closer we are to merging as One.

As you would know, in  law, there is the Adversarial process and the Inquisitorial process. In Hinduism, they are known as Dvaita system and Advaita  (No Dvaita ) system respectively. In Democracy, the People are taken to be separated from the government. Dvaita means dualism.

In Autocracy, due to the Monarch being responsible for the People as if the people are her/his children. Hence it is begins with One. This is why our monarch is treated like god – a Sovereign Power.

The destination in both systems is Oneness.

Our Australian Parliament is based on the Adversarial system with Equal Opposition.

 

3.I am or We are Sovereign

The Coogee View Strata Committee, except for a few like Mr Con Kotis who consulted with me as if I were an Equal, treated me as Junior. But by continuing to take my position as Equal I upheld Dvaita / Adversarial structure. This says ‘I am Sovereign. But until I include my Opposition in me I am incomplete, in terms of the whole. This tends to promote separatism. To become complete I need to be conscious of my other side, as if they were my spouse.

In that structure, Indigenous folks who felt discrimination pain but did not take revenge were of my culture. Hence we merged as One half.  Why not as One? Those who caused us the discrimination pain, were came from another culture/family. Hence we need to continuously look at ourselves, using them as our Mirror. This is the purpose of Equal  Opposition. If an independent member is treated as junior, while the benefits of democracy are being enjoyed, it amounts to betraying Democracy itself.

 

A true Opposition of Equal status would be like a mirror. The mirror shows us ourselves but in Opposite direction – as in Newton’s third law according to which ‘For every action, there is an equal and opposite reaction’

When the two sides are recognised at the same time at the same place, Truth is present. Truth being a Sovereign power spreads Itself exponentially.

4.   Elders

Every person who believes in their Elders will invoke their Elders’ virtues. Those who desire to profit from majority power, by taking it as Superior power, inherit the negatives of their own Elders. Hence there is disturbance to Peace through them. Once we become heirs, we become the media through which our respective  ancestral  powers flow in to our current environment. When we fully practice the current laws, our past Karma would be passive. It would ultimately merge with other Karma – positive with positive and negative with negative. When we neglect current laws, our Karma/Truth of the past, finds Its way through the gaps, into our current environment. Where past truth is positive, it fills our mind with Peace and our Environment with harmony. If negative, it disturbs our own Peace and causes disharmony in our home environments.

 

5.   Preventing Racism

1.   Use officially accepted merit basis  with impartial mind to determine rights and wrongs

2.   If the laws were made by one side’s ancestors, facilitate the ‘other side to use their parallel customary laws to be used on them. If the results contradict the results through step 1, determine that the laws are irreconcilable and facilitate both sides to find their judgments from their respective communities.

3.   When this happens, declare the customary law to be the official law of that community. This would minimise majority in a group using their desire-driven customs as laws.

4.   Where there is no parallel Customary law, take affirmative action to facilitate more time for the minority in that group to be allocated relatively more time to present their case.

 

 

6.   The Voice & Commonness

 

The real Voice is from within us, as per our belief in our respective Elders. Elders are by their very nature Common souls, due to their feelings of Ownership. One who fully owns becomes One with the object/place being owned. Hence Tat Tvam Asi/Thou Art That in Hindu philosophy. The mind that is still is the seat of Elders.

 

Yours sincerely

 

Gajalakshmi Paramasivam

 

CC: Race Discrimination Commissioner

Australian Human Rights Commission

Owners of Coogee View

Others Concerned