Gajalakshmi Paramasivam – 18 December  2015

Confusion Over Using Majority Rule

Majority Rule over minorities is at the root of Sri Lankan ethnic problem. It has now become an issue in Parliament over Budgets. As per Island editorial ‘Majorities and dissent’:

[Our interest is in ……..the government’s argument that there are no grounds for a motion of no confidence because the budget has been passed with a two-thirds majority at the second reading stage.

This argument may sound tenable in terms of numbers. But, the question is whether the content of a budget becomes indisputable simply because it is passed with an overwhelming majority. The government has unwittingly debunked its own argument by undertaking to alter the budget in spite of its passage at the second reading stage. Its flexibility is to be appreciated, but, one may argue that in so doing it has owned up to certain inadequacies therein and bolstered the Opposition’s argument that the budget contains certain flaws which justify its motion at issue.]

The simple response to the above question of is ‘Yes – in a Democracy – the Parliament elected by Majority has the Duty to accept Budget passed by majority – overwhelming or not’.

The dissenters may be more logical than the majority – but in democracy – one has the Responsibility to work within the logic of a Budget approved by majority, however small the logical part may be. If we the People have the Responsibility to follow the laws made by the Government approved by majority in Parliament – however illogical those laws may seem to us personally – then following the Budget that may seem illogical is only a small dose of the stronger pressure on the citizen using logic and more importantly Truth. Truth is perfectly logical and as Gandhi confirmed - works even for a minority of One. But remaining within one’s Truth is not easy. But one who does so remain develops Belief in the whole and Common Belief works for us in any home-environment.

Developing this Belief  is not easy in a multicultural society – especially where majority rely on natural / de facto relationships towards harmony at that time at that place. Country based demarcation is as important as Community based demarcation for majority rule to merge with the system of Truth which is Universal – beyond Time and Place borders.

Knowledge without faith – often leads to abuse of power and enjoyment of Benefits above costs paid. Majority costs in democracy, need to be Current Costs rather than Historical Costs. Historical Costs are those  paid through respect as Royalty to the Structures inherited by us. Those  who rely on their past to claim the right to rule – for example King Thuttagemunu for Sinhalese and King Ellalan for Tamils – automatically negate their right to rule by Democracy and therefore majority vote. Likewise, those who rely on their ancestors in a profession.

In the case of Budgets – in a Democratic Parliamentary system – the content of the Budget is beyond logical discussion in Parliament on the basis of Principles of  Financial Management – once the Parliament has approved it through majority vote. It is then left to each elected member to take it back to the electorate  as per her/his understanding. This understanding is a combination of Belief based knowledge and External knowledge. Where Belief based knowledge is greater than External knowledge – those voters who voted on the basis of faith would draw their own parallel values from that sharing. That is part of self-governance. Where majority voted for easy benefits – such sharing is overridden by immediate enjoyment of the return for  votes – through quid pro quos. There is little Common Value in such sharing.

In Sri Lanka – the current government faces the challenge to release itself from weaknesses resulting from excessive quid pro quos – in the past. Not only Sinhalese but Tamils are also faced with such challenges. Those close to the Politicians and Rebels on both sides – enjoyed higher level benefits than those distant from the Politicians and Rebels – but doing the same level of work. Now when they are open to wider world – they are not able to perform as they did when given money and position cheaply. Those who insisted on earning their benefits – complete that experience – and function well in wider environment. Every completed experience – energizes us. This Energy opens doors when we knock on the door. Hence the Christian saying ‘Knock and It shall Open’.

The first Budget is to release ourselves from the past system and those who oppose the new confirm their attachment to the past. By the same token – we Sri Lankans are not yet ready for full blown Democracy and to the extent we have copied Americans and Singaporeans – without common faith – they need to be short-term – purely to release ourselves from our attachment to our weak past. If our investment in Democracy is weaker than our investment in Autocracy – then the system that would naturally present our work is the system of Autocracy. This cannot be practiced as is in a Democratic system but could be a motivating force that brings us the support of those who have already released themselves from the past and invested more in Democracy than us. True investments convert themselves to serve us any time anywhere. Given that the current leadership is getting such support from the West – one concludes that they have accumulated such genuine powers – including through all those who genuinely included this government as part of their environment. I believe that that is how Tamils became the marginal force and the link to wider world – including through actions at UN level. Accepting that discipline is automatic membership in the UN structure.

In the meantime, those of us who seek to be global need to not deal with the Budget on stand- alone basis and effectively go back to the old system. That part of the Diaspora that has invested in Democracy in Administration – is a strong force that works in Sri Lanka’s favor. This is often less visible than the Political force – but is more real than the Political force.

Gajalakshmi Paramasivam – 10 December  2015

Group Led by Birth

Group Led by Public Service at the Place of Birth

Self Imposed Separation

Unjust Discrimination often happens due to excessive use of status and the authority that goes with it. One of the avenues through which such unjust discrimination happened in Sri Lanka, taken as a whole Nation – was Race based – often practiced subconsciously – by those who had status as leaders of majority Race, but without the commitment to higher order of mind to facilitate all cultures the Freedom of  thought.  

Within the minority Tamil community, which became a victim of this system of Democracy which provided for majority to have ruling power, the pathway through which Discrimination happened was Caste – often justly and sometimes unjustly. Any work based discrimination using common measures on Equal footing, would be just discrimination. The principle of Common Measures flows from the belief that we are all connected to each other through our souls. Hence the soul is our Common feature. When we report to our souls, we report to all souls. That is the way we are made up.

Where we are conscious of our Commonness, we automatically come under one system of Relativity. Common pathways lead to Commonness.

Caste discrimination was originally  based on work and its hierarchy in social structure due to this Commonness awareness in the Tamil Community. When practiced as per the structure of the original minds, it resulted in the whole Community functioning as a large Institution.  It is true that there were abuses of this system by those in the higher caste – for the same reason why majority power became abusive at National level. Both were lacking in commitment to earn one’s benefits as per one’s position in the larger structure. But Caste based discrimination was protected from this abuse becoming excessive by the natural connection between the two ends of the vertical system. The Vellala Farmer at the highest level in the Jaffna system – produced the food that the Pariah Cleaner needed and the Pariah Cleaner was provider of an equally essential service for the  well being of the Vellala Farmer. In Democracy we need to be multi-skilled to not need another to produce our food or clean our toilets. The strongest motivating factor for the lower castes today is land ownership – so they could produce their own food. It symbolizes their freedom from the Caste system. But it also confirmed that they copied/plagiarized the Vellala system due to desire for the outcomes.

The built in value of the Caste system was that the producer must be the last consumer of that produce. Hence, the Vellalan/Farmer had to have stronger discipline than the Pariah / Cleaner to remain within the system. One way of  maintaining this was the Reward system through Process. Status thus became the higher value than the objectively measurable produce itself. Those needing  highest level of discipline were shown highest respect through their positions being at the top. So long as the one at the bottom paid her/his respects to the one at the top s/he maintained her/his natural membership in the structure and was entitled to be ‘free’ to own through possession that which was received by her/him through the system. These two are like the Tax payer and the Welfare recipient, respectively. Migrants who preferred to become Welfare recipients in money rich nations – made Pariahs of themselves. Leaders lacking in discipline to be last in the queue of consumption but holding positions representing Commonness – such as Presidents, Judges and Commanders in the Armed Forces &Armed Rebels – also make Pariahs of themselves to the extent they consume their own produce by claiming ‘ownership through possession’.

The intellectual mind often fails to realize that where the founders’ power combined with the practitioners’ power is stronger than the idle beneficiaries’ power, the system itself expels them and one with feelings of ownership would make the connection between cause and effect – commonly known as the system of Karma. (Karma means Work).

Thanges Paramsothy, in his Colombo Telegraph  article ‘Caste & Camp People In Jaffna: Landownership & Landlessness’ states:

‘The IDPs living in the camps face a number of problems in their everyday lives. Poor infrastructure facilities, limited privacy, lack of employment, poverty, limited access to land, water and places of worship, the social stigma of living as IDPs for many long years in the IDP camps and so on can be listed as some of the issues that they face in their day-to-day lives…….. Information pertaining to the caste composition of the people who live in the 32 IDP camps was collected in order to understand the correlation between landownership and caste. Surprisingly, certain caste groups, rather than a mixture of different caste groups, are predominantly present in all these IDP camps. Of the 32 IDP camps located in the Thellippalai, Uduvil, Sandilippai, Koppai, Nallur, Karaveddy and Point Pedro DS divisions, the inhabitants of 25 camps predominantly belong to three oppressed caste groups namely Nalavar, Pallar and Paraiyar, who were respectively known as today tappers, agricultural labours/toddy tappers and funeral drummers/cleaners. The remaining 6 IDP camps in the Point Pedro DS division only consist of Karaiyar, traditionally known as fishermen. However, it is well known that the individuals from these caste groups now do different occupations without limiting themselves to their traditional caste-based occupations. It is much difficult to decide one’s caste background based on their employment in today’s Jaffna, as each individual belonging to the different caste groups does various jobs after completing his or her higher education and obtaining professional qualifications.’

When in Northern Sri Lanka, I live as part of toddy tapper village – Thunaivi in Vaddukoddai District. Our Training Center is at Vaddukoddai junction. Yesterday, I noted during Spoken English lessons that twin brothers aged about 10, introduced themselves as being from Sangarathai (largely of Vellalar/ Farmer caste) while their relatives next door introduced themselves as being from Thunaivi.  The former attend the more prestigious Jaffna College – paying  a fairly high fee, while the latter attend local Public schools. The father and grandfather of the twins do not do toddy-tapping for a living, whereas the fathers of those who introduced themselves as Thunaivi folks continue to tap toddy for  a living. At one stage the family of the twins moved more close to Vaddukoddai town – but later moved back largely due to the development work that they had the opportunity to be a part of – some of it happening through our family.

These are confirmations that the lower caste,  make their own choices as per the pathways available to them. The choices they make confirm the motivating quality in them – often residing there without them being conscious of it. As our immediate past Prime Minister of Australia – the Hon Tony Abbott said – they make Lifestyle Choices.  Within this one family – the branch of the twins is seeking to become leaders over others. Both parents work hard and the brothers, like many new Tamil migrants in Western Nations -  are outstanding on merit basis. The special need they have is discipline to be Common and not break the queue to consume first now that there is no separation on the basis of Discipline needed to delay physical enjoyment of benefits in one’s possession. If not for the Tamil Leaders who are known/ thought  to have had this discipline, the tendency would be for the producers to consume excessively – causing physical and mental disorders and/or for Reverse / Revenge Discrimination to happen to suppress the less (money) wealthy Vellalan.  The latter then loses motivation to maintain her/his discipline and higher conduct fitting of a leader.

 In terms of  Jaffna Tamils, majority recruits by rebel groups came from those who remained in the lower caste social order.  So long as these groups choose to remain in their own groups – ethnic war would continue to be a risk inherent in the Tamil Community – not due to the Sinhalese who are outsiders to majority Jaffna Tamils – but due to this plagiarism which LTTE leadership actively practiced to elevate itself above the intellectual leaders of the Tamil Community that often ‘took’ status as an educated group. There was recent discussion in a Tamil program as to why there was no Guru – Shishya relationship between the Teachers and the Students. One of the reasons highlighted was this greed for ‘grades’. The irony of today’s Vaddukoddai is that the students are actively going to tuition classes in Sinhalese including during School Holidays! They confirm that the Vaddukoddai Resolution – claiming Political Independence - is not for them.  This then requires the real believers to be even more disciplined than the architects of  Vaddukoddai Resolution – to maintain and treasure the value of the Tamil Community’s investment in self-governance.

With Democracy we did need to lose consciousness of the Caste system and thus prevent manifestations of Reverse Discrimination forces. The secular system often promotes lateral spread through its commonness. English thus symbolizes the language of that secular system in Sri Lanka.  One Vellala boy – again about 10 years of age – was able to respond to my questions in Sinhalese but not to my questions in English – even though he obtained 100 marks for English at Jaffna College! This boy goes for special tuition in Sinhalese. English is more for grades through rote learning.

If  the Vellala/Farmer  boy did not learn Sinhalese and remains in Sri Lanka, he may one day hold a position below a Nalava / Toddy Tapper boy and that would damage the social investment we made as a community in Disciplinary Structure. This Vellala boy declines politely when offered even cakes and sweets at the home where he is dropped off when he is too early for the class. When asked his response was ‘that is god’s gift to me’. Yes, when we do practice such discipline beyond the average level – of our current environment – we invoke the powers of our ancestors – and that is ‘gift of god’.

The reason for the gap in inheritance is lack of interaction with intellectually driven leaders who within the Jaffna Tamil Community –  are/were  largely from the higher castes, within which groups, educational grades are closely associated with social hierarchy. The higher castes tend to fear the lower castes due to the inherited mind-order of the respective  group. The higher caste groups tend as part of their culture, to invest in law and order to maintain their inherited higher status. They are the parallels of White/Christian Australia groups who see themselves as leaders. This helps them maintain their own commitment to higher social order even when they may be earning, in terms of money,  less than an Asian migrant. Such is a natural protection against future wars.  Why one is born in a particular environment / community/family – is not as per our current plans. It’s as per the Lord’s system which as my experience is Perfect.

The lower castes due to their inherited social values which are closely linked to Land ownership, tend to place a ceiling on their duty to the higher mind order. Likewise, the migrant strongly investing in Diversity through local Community culture rather than National Identity. There are still families in Thunaivi which do not have toilets and wells of their own. It is not solely due to lack of money – relative to the higher castes. It is simply not high in their priority listing. Within the lower castes there is this social order as per their status as service supplier or receiver. One without toilet tends also to spend more of his income in toddy drinking, relative to the one with toilet from within the one community. One finds such disparities within the higher castes also – where instead of toilets we have the education system and instead of toddy we have status consumption. One who uses more of her/his position as consumable status, tends to not invest in higher mind structure which is the real value of Education. Status must be an asset that is used and not  bought or sold for cash – like trading stock. In contrast, one who preserves the status and improves its heritage value, develops the mind order of one who covers the whole group.  In terms of inheritance, one would find more of such leaders in the Vellala / Farmer caste than in the Pariah / Toilet Cleaner caste. If the Caste system is still active in an area – including through Reverse Discrimination – then it is likely that one who was a Pariah in previous birth would be born a Vellalan in this birth and v.v. Those who live off the past for purposes of relativity – keep such systems active.

We tend to accept the ‘gene’ theory in terms of physical attributes more readily than we do in terms of culture – which is all about the order in which the mind works. Some of this order is inherited and if tampered with directly – is likely to bring about disorder of the mind – without either side being conscious of it. This applies also to race. Often, the older migrant   with colonial inheritance, tends to submit to the White Australian/British due to desire for acquisition of quick status that could be shown amongst his group/family. This mind-order, when it is work-related – is a positive inheritance and is very much part of the social order of the group that the person is part of.  This has assisted immensely in the globalization of Tamils who migrated to the West. But once this exceeds the work borders – it becomes abusive due to lack of connection to traditional roots. Until the younger migrant relies on her/his own investments in the roots of her/his own make-up – a community needs the older groups to continue with their own mind order to cover the whole. This may include unlawful racial discrimination but at the same time promote social harmony due to prevention of premature declarations of independence by the young and the restless. Likewise in the caste system. The above author  who seems to be of the younger migrant group, states:

[The data show that they are going to remain in the same places with minimum facilities and limited privacy, even if the “HSZs” are dismantled and the land is released for the use of the civilians. Most of the camp people who have been used and displayed as the victims of state aided discrimination against the Tamil community by Tamil nationalist actors are not going to be the direct beneficiaries of the moves to reclaim land from the “HSZs.” There are many housing projects underway for the war-affected people following the end of the civil war. The fundamental criterion used for granting financial support under these housing schemes is that the beneficiaries should have a piece of land in their name. If they do not own land, they will not be eligible for getting financial support to build houses. As most of the war-affected IDPs in the camps continue to live as landless people, they are also going to be homeless in their own country even when the “HSZs” are released for the use of the people in the North.]

Majority of the Thunaivi folks without their own toilets – are those who ‘occupied’ others’ lands. If they were denied lands – they would accept that as karma . If they were allocated lands to recover from the war – it would disrupt the social order within their own community because in terms of status through land ownership - they would now be equal to those who worked hard and saved to own lands in which they lived before getting displaced. War did not and should not eliminate our work-related hierarchy.  If it did – then Tamils would truly become Stateless – due to lack of  motivation to own and represent their work through Land.

Lower Castes also  separate themselves due to lack of motivation to develop higher value systems requiring strong discipline against immediate consumption. Higher castes seek separation once they know that there is no respect lost between them and the lower castes. This could be prevented  through a common and reliable secular system. In the absence of such a system this separation also motivates them to compete physically with the higher castes who are now more outsiders than seniors in the same system. Hence the position of Equal Opposition.  Once this ‘outsider’ component is greater than the insider component – they become enemies and contribute to promotion of war. This spreads to national and global levels, where the boundaries of community and country respectively are not firm and protective.

Mr. Thanges Paramsothy – who is described as - PhD Research Student in Anthropology, School of Social Sciences, University of East London, United Kingdom concludes with the recommendation:

[In order to address the issue of the landlessness of the (oppressed caste) people in the IDP camps, a constructive policy needs to be developed. The processes of distributing land for the war-affected, landless Tamil people in the North and the efforts to find them homes and shelter should recognize the historical injustice the oppressed caste communities faced and continue to face in pre and post-war Jaffna. Land and resettlement policies that fail to take into consideration the manner in which the caste-marked political economy of Jaffna shapes the individual and collective social existence of the oppressed caste groups are bound to fail and would deepen the social and economic inequalities within the Tamil community in the North along caste lines.]

Injustices or Justices when they are historical – are dealt with by the system of  Karma/Work based on Truth. If Mr. Paramsothy seeks to play god – he needs to do so within his home territory – UK.  Pampering out of someone else’s purse - those who seem to have less but are more close to us culturally than the one whose purse we are using – is in itself oppressive of the workers’ rights to enjoy her/his earned higher status. That is how Reverse Discrimination genes are developed by those desiring quick and easy status.

Gajalakshmi Paramasivam – 30 November  2015

How Valuable is the Expatriate?

An expatriate living in a richer country than our resident country seems more attractive to us than our own locals. Expatriates returning to the very home they/we abandoned accept such elevation blindly. I have witnessed it happen in Australia – and I am witnessing it happening in Sri Lanka. To my mind it is ‘foreign invasion’ – to the extent one is yet to make policy level contribution. One who feels ‘ownership’ will make policy level contribution. Others need to take credit / status only to the extent they/we earned it through the nation we left behind. That would confirm our respect for the Sovereignty of each nation/group.

In his Colombo Telegraph article ‘President Undermined Through Jaffna’s Purchased Professorships’ Dr. Sabapathy Krishnakumar –highlights:

[I am very happy that President Maithripala Sirisena and other members of the government have been repeatedly calling on expatriates to return and contribute:

·         ‘My Government will establish a special bureau under my directive to coordinate the expatriate Sri Lankans who wish to return to the motherland and we will offer a red carpet welcome to them. I would like to remind them that now it is time for us to work in unity for the betterment of the country, casting side political differences’ – President M. Sirisena, Policy Statement from Parliament, 1 Sept. 2015.

·         President Maithripala Sirisena from Thailand has called on Sri Lankan expatriates to return home and render their services as democracy has been restored. (TNLRN News Radio, 2 Nov. 2015)

·         Sri Lanka’s Foreign Minister Mangala Samaraweera on Thursday invited Sri Lankan diaspora to return to the island as dual citizens. (Lanka Business Online, June 12, 2015)

·         The PM also joined the chorus at the dual citizenship ceremony on 17 Nov.]

·         Dr. Sabapathy Krishnakumar says for his part – ‘However, laudable policy remains empty words as the government’s own officials undermine policy. We badly need the services of expatriates. With the education budgets promised a huge increase, we will have only new buildings and landscaped staff without teachers to teach as remarked by Rajan Hoole in his article on the scandalous state of our universities (Colombo Telegraph, 29 Oct. 2015). That well-intended money will be money down the drain unless the UGC wakes up and the President notes how he is being undermined.’

I have been serving the needy (as per my assessment) in Sri Lanka, since 2003 – AFTER completing my relative experience in Australian Public Life largely through the workplace and delivering the judgment as per my discovery – ‘that I found the official system in Australia, is lacking in investment in Equal Employment values’. Delivery of judgment at public level – confirms that we take no supervisors for our life up to that point. I did not plan it that way but discovered that legal actions to confirm this closure/completion at the point where I was working unsupervised, to deliver as per my position requirements, were confirmations that I was contributing to policy. Satisfaction of Position requirements is confirmation of Policy that the Position gives form to.

In concluding his article mentioned above, Dr. Rajan Hoole states:

[The UGC (University Grants Commission)  needs to play a proactive role to see that justice is done if they are serious about the future of Jaffna University and ultimately of all universities. As we read the intention of Circulars 721 and 935, strict merit (allowing selection boards some leeway in assessing candidates from different universities) is the criterion for selection to probationary lecturer. Circular 935 says at the outset that it is ONLY meant to ‘relax’ the mandatory one year’s experience in C 721 by a presentation (a short lecture). It is clear that merit remains the selection criterion. However, anomalous interpretations of C 935 (b) have been used to undermine merit by making presentation the main criterion and introduce selection schemes that make a mockery of merit. This is an open licence to favouritism as has happened in Jaffna. Is it their reluctance to uphold merit that has led the UGC to play hide and seek with our reports? They need to clarify their position publicly. No one here wears a crown. If the UGC are mainly worried about new buildings and landscaping of universities, they are not doing their job. New departments and faculties without a core endowed with moral and scholarly merit are doomed to disaster.]

The last sentence applies also to Development Projects in  Jaffna Society – the parallel of Jaffna University. Daily FT reports as follows in its article ‘10 special projects to boost living conditions in former conflict areas’  :

‘The 10 high impact projects include the construction of a bridge and causeway across the sea between Kayts and Karainagar town; the construction of a new passenger boat with a 100-passenger capacity like the kumudini boat; the construction of a jetty in Delft and the restoration of a jetty in Elluvaithivu, Kayts; the renovation of roads from Velanai to Kayts; the establishment of a clinical waste management system in five districts of the Northern Province; the establishment of the disposal system for human excreta in Vadamarachchi, Thenmarachchi and Valikamam in the Jaffna District; systematisation of the collection and segregation of solid waste in the Jaffna Municipal Council area; seaweed farming in the coastal areas in the northern Province; livelihood and income generation projects covering value addition and marketing of milk products, Vathiri leather industries and Karmarchi Ambal light engineering industries in Kopay.’

The village where we reside in Northern Sri Lanka, is similar in structure to many of the areas with fundamental needs mentioned above. A good proportion of these families are likely to groom their children towards University education. Yet, majority are emotionally driven, confirming that the Jaffna University’s service is yet to reach these areas. Not only the President – but the Expatriate Tamil in support of Tamil Self Governance also promised through their support for the LTTE, a better Jaffna through Tamil Eelam. Dr. Hoole states in this regard:

‘Pongu Thamil (Tamils Arise) is a movement pioneered in Jaffna University in 2001, whose worldwide meetings whipped up enthusiasm for Tamil Nationalism as symbolised by the LTTE.’

The LTTE means different values to different sections of  our current society. To the extent these are feelings based – each one is valid. If by the LTTE – Dr Hoole is referring to LTTE’s stated Policy of Self-Governance – then I conclude that Dr. Hoole is ignoring a good proportion of the Jaffna  Tamil Community itself. At emotional level most of us feel / felt for the LTTE as if they were family. But to the extent LTTE eliminated our own Politicians – members elected by us to represent us in Parliament – we have the duty as per the structures and systems that supported us to elevate and broaden our minds, to demote them or distance ourselves from them. I did the latter in the case of Australians who had supervisory positions above me but were practicing lower level policy, as per their convenience.  When LTTE Leader accepted money to deny Tamils the right to express their Equality through votes – those driven by self-governance would have demoted them at least in their minds. I highlighted this Policy level conflict as follows,  in my letter dated 25  November to the Sri Lanka Bar Association under the subject heading ‘RULE BY LAW, BY YOUR MEMBERS’ (http://austms.blogspot.com/).

[Earlier this year, your Association published the article ‘HOW DIFFERENT IS RULE BY LAW FROM RULE OF LAW?’

The opening line in that article which included the picture of former President of Sri Lanka, Mr. Mahinda Rajapaksa was:

‘Is the Law supreme and the Ruler subject to the Law, or is the Ruler supreme?’

The parallel of this question arose in my own mind yesterday, when Mr. Sankarshana Aindri Parathalingam PC,  also (like Mr, Rajapaksa) assisted by his son Mr. Nishkan Parathalingam tried to exert superiority in the Civil Appellate High Court of Jaffna. The alarm bells started ringing within me – at ethical level – when I observed that Mr. Parathalingam who appears for me in another Appeal matter in Colombo, declared to the Jaffna Courts without any prior notice to me or my instructing solicitor in the Colombo matter, that he was appearing for my opposition in this Jaffna matter. These alarm bells are based on my true contribution to social values.

When I engaged Mr. Parathalingam PC to represent me in Court, there was a relationship formed on that basis – with him as my senior in Court for legal presentation in that Court. For presenting the Truth of my experience – I am of higher status. When we are conscious of our respective positions and their duties, we respect the Legal structure. To my mind,  it is a network of relationships. As I said to an Associate in my Management Service, when explaining this ‘conflict of interest’ - I cannot be doctor to Yaman (Lord of Death) as well as to Life at the same time. Looks as if Mr. Parathalingam PC is able to,  through Rule by Law.]

LTTE  which promised self-governance Policy, compromised by dealing at cash-level. The three levels of expression are:

1.      Money

2.      Human Resource

3.      Policy/Ownership

To my mind, the outcomes that happen would confirm my contribution at Policy level due to my feelings of ownership. In the above legal matter  for instance – the value of our Jaffna case was raised to higher level through the presence of  Mr. Parathalingam of Jaffna origin but living largely in Colombo as a clever  ‘Expatriate’. I was thus able to identify with the Policy level return for my investment in Mr. Parathalingam through the Colombo case. The first major discovery I made of such workings of the system of Nature / Truth – was through the fall of Mr. John Howard, the former Prime Minister of Australia whom I sued on the basis of Racial Discrimination which is unlawful in Australia. The Legal Courts dismissed my complaints  but the Court of Natural Justice upheld my investment at Policy level.

The way we read the outcomes would confirm to us the level of our contribution to the issue. One who contributes at primary level of money would go up and down with money profits and losses respectively. An 80 year old Australian Tamil who sought to raise funds from expatriate Tamils is saying that the locals in Northern Sri Lanka -  have cheated him and that we need strong human resources. This is also the message of the President of Sri Lanka – that Sri Lanka needs its Expatriate mind to boost the value of Motherland. But unless those Expatriates have contributed to their Fatherlands at Policy level – they are likely to either spoil locals with easy money in return for status they can ‘show’ others or think they have been cheated as in the case of the above mentioned 80 year old. Dr. Sabapathy Krishnakumar  refers to Expatriates as outsiders, in a positive way:

[ The North-East more than any other needs rebuilding and for that we need expatriates to return. But till recently, many ordinary persons were ensconced in powerful administrative positions for which they did not qualify. We now badly need bright outsiders to come in…….Dr. Murugar Gunasingam from Australia applied for the chair in history as did an internal historian. Only the latter’s application was processed and presented to the Council on 31 October, 2015 for approval by the VC. Things exploded when a Council member who had been informed by Gunasingam asked if there had been other applicants. The VC claimed that it had been done based on a circular and she has now been asked to produce it.]

Expatriate or not – an Australian is an outsider to the University of Jaffna unless the applicant had served a University at policy level. It’s not different to Academics trying their hand at Administration to which they are ‘outsiders’. Academics are outsiders to Administration unless they have demonstrated contribution to Policy through their Academic work. Likewise Administrators are outsiders to Academics until they contribute to Policy through the Administrative pathway. As in Research and Teaching – the core purposes of a University - one who discovers Truth through her/his pathway and publishes it independently – often at the risk of losing existing benefits, becomes an ‘owner’. Such a person is a natural policy contributor even if physically that person is outside the University structure – as a non-academic and of a different cultural makeup.

Dr. Sabapathy Krishnakumar highlights the case of Professor Ratnajeevan Hoole as follows: (Professor S.R.H. Hoole, my doctoral supervisor, has been knocking on our doors for years. The VC and her Selection Committee after 3 years of processing (which is illegal unless a new advertisement is done after 18 months inviting new applicants and allowing updating of the old application) found him short of points in teaching, in research and in national contributions. The USAB had ordered his appointment in Computer Science but the VC is still arguing that settled case. Even then, how was he short in national contributions after all that he did here? Indeed I am aware that he has more indexed journal papers in computer science than any other academic in Sri Lanka. (This was reported among the JUSTA cases and explicitly in the Colombo Telegraph on 6 March, 2014). He then applied last June for a Senior Lecturer position in Engineering since in another 3 years he would be well past his retirement age if he applied for professor. To this date he has not heard. It is 3 months since he returned to Sri Lanka on the government’s invitation, and, despite being the only person with a D.Sc. London degree in Sri Lanka, remains unemployed(except for the part-time appointment this week to the independent Elections Commission which recognizes his pioneering work for good governance, but still leaves him without full-time work, facing criminal charges).

Professor Hoole has long been reported to have challenged the University system of Sri Lanka. I also challenged the University of New South Wales – and to-date in terms status – I am a Pariah. Now I understand that I had to accept that Pariah status to contribute to a system that would facilitate all Pariahs to become Pundits in their communities.   If this downgrading  could happen in Australia which enjoys the reputation that it is a ‘good country’ one would expect worse from Sri Lanka and not better. Professor Hoole may have a London D Sc. , but has he demonstrated contribution to the Policy changes /improvements / good governance through  his previous jobs? Clever Governance is not always Good Governance and v.v.

In Nations like Sri Lanka – and especially in Jaffna the Capital of  Northern Sri Lanka,  one’s contribution to Good Governance in a University, needs to be greater than one’s contribution to development of knowledge which in turn needs to be greater in value than the money value of structures that are ‘seen’ to be the University. The articles published by Professor Hoole do not confirm any ‘solutions’ that he has developed as per the  specific structure  of a University, including  the Jaffna University.  Knowing the structure as it exists and becoming a part of it is the key to Good Governance. It is that feeling of ownership that becomes our Guru in the development of solutions. This is also the difference between Rule by Law/Theory and Rule of Law/Theory. Jaffna has long been an exporter of learning skills and not an importer. It would be a shame if such tradition was broken by bringing in ‘outsiders’.

The Leader of the Opposition – the Hon Rajavarothiam Sampanthan highlighted  in his response to the Budget:

[SriLankan Airlines – Hon. Speaker, the SriLankan Airlines has been badly managed since the management was taken back from Emirates. Their total debt stands at Rs.158 billion, of which 72 per cent relates to the last 3 years of the previous regime. This could be mainly due to corruption, cronyism and poor management…….This is the estimate of the degree of the loss that the country has suffered as a result of what happened at the SriLankan Airlines. Is it not necessary, Mr. Speaker, to take effective steps to avoid waste and extravagance and also to eradicate corruption?]

I applied for the position of CEO of Sri Lankan Airlines when the above mentioned management change happened. I had experience in the Airline when it was Air Lanka and I was trained by Singaporeans. More importantly I had already completed my management experience in Australia by contributing to Policy. There was no recognition from those responsible at Sri Lankan Airlines, of my eligibility to this position. However,  the Energy I shared through my application  raised my experience to Policy level when the current Government criticized Sri Lankan Airlines using also the areas I had worked in. The criticism was led by a legal expert and not by an airline expert with special emphasis in management.

Political interference in large Public institutions is nothing new in Sri Lanka. It is not unique to Universities. In Democracy, Operational Heads need to recognize Administrative Heads as their Equal partners and not as their juniors who could be ‘told’ what to do. Often clever Operational staff who ‘tell’ their Administrative staff – tend to accept being told by their seniors in Administrative positions.

Equal Opposition is essential in Democracy to complete the picture without time delay. Be it the University or the Airline, the ‘block’ to Good Governance is excessive cleverness which often prevents one from completing the picture by lowering one’s status to the next level. Clever people often are good at criticizing using theory as ‘outsiders’. They leave a big gap between their answers and the outcomes produced by the total contributions of all participants in that issue at that time of manifestation.  We then have to keep asking the UN and its members  for more and more Reconciliation facilities.

Gajalakshmi Paramasivam – 28 November  2015

Children of Thunaivi

Common Karma v Common Sense

I was talking to the old person who takes care of our garden here in Thunaivi-Vaddukoddai, when we are away. I was explaining to him as to why I got upset  with a member of his family through marriage. The old man did not respond. When it came to minor problems about others – he was quick to passionately criticize them. As I said recently to our coordinator – a young father – when he criticized some young boys for swimming in our temple-well – that one who is not able to find fault with one’s own does not qualify to be a Common judge.   Our coordinator failed to recognize that the workers hired by him who said they had to first get the approval of the women’s association – before carrying out the simple task of removing a part of the fence – were in breach of their agreement and were acting as if I was the one at fault. In this instance I became the parallel of the Sri Lankan Government against whom the LTTE recruited the likes of the workers who said they needed to check with their women’s association. In fact, local authorities above the level of the women’s association fear to establish their offices in this area – despite us donating a block of land for such purposes. A member of minority group in the area becomes the target of such groups where only a few achieve enough grades for Tertiary education. Unless therefore one had some kind of common cultural base – one cannot successfully lead such groups. They carry the genes to form natural coalitions with groups such as the LTTE. President Sirisena is reported to have stated at CHOGM 2015 that – ‘Common values are important and not the power of wealth’. But how are those Common Values developed – at the level of the individual as well as a group? Faith is the express highway through which one could develop Common Values with less educated groups.

An eighty year old Australian Tamil complained that his projects were failing in his area in Northern Sri Lanka – due to lack of manpower. To my mind, it was simple logic – that Northern Sri Lanka which lost considerable percentage of elitists to emigration in the name of war – would be lacking in human resources even for National projects, leave alone Global projects. Trying to squeeze money-rich projects in current Sri Lanka is like trying to pass a thick thread through a needle with a tiny eye. The old Australian Tamil said to me that the locals were cheating him. The question is whether the locals think that they are entitled to the benefits they freely ‘take’. This is the problem with money driven joint ventures without firm agreements. The old Australian Tamil wanted to raise funds for a big project and this is yet to happen. I said I was more with small projects that become policy contributions through investment in security and self-sufficiency through good conduct using existing resources.

It’s not easy getting there. The moment we ‘show’ money they ‘see’ a need as per theory/hearsay. Only resources pooled to be Common would produce Common outcomes through which each contributor could read her/his own outcomes. Some of these outcomes may show ‘losses’ at money level but the ‘gap’ would go direct to policy / Common value.

The Tamil Political prisoner issue was one in which I also invested from my angle. The other is the celebration of  Great Heroes day on 27 November by LTTE supporters. Here in Thunaivi as well as in Vaddukoddai town – there was no sign of any  celebrations. No one seemed to even remember – not even the war widows. I was on my way to the Australian Tamil Management Service Training Centre when I met one of the mothers of school children. I asked her why the children had not gone to school and she said it was because of death of a student. It was later when I was returning home after a long day of training that the young lady at the local shop said to me that as per the papers the young student had written a note connecting his death to the political prisoners. None of the men gathered there criticized anyone. Most expressed their feelings for the parents of the young guy.

Registering this good order of thought – I was wondering why the schools were closed. It was this morning when I read the Sri Lankan news that the penny dropped – that yesterday was also the Great Heroes’ Day for the LTTE. I felt that the Government had actually been helped by this young student to close the schools and thus prevent student protests which have become common pathway in Jaffna.

I felt also that when we are passive – including for the purpose of passive resistance – our natural forces manifest outcomes as per the pathway of Truth.. When we are Active we manifest the outcomes and to the extent they are not as per our Truth – we become instruments of others. Majority student activists are thus instruments of others – especially rebel politicians. Young ones without the actual ‘experience’ would tend to be emotionally driven and hence become victims of selfish politicians/rebels. Then it becomes a question of student v political activist  or  parent v politician in taking care of the student. In the case of young Rajeswaran Senthooran the politician won and the parent lost,

I thought about my discussions with the old gardener and what happened in the family even while we were discussing. We heard raised voices and it sounded as if one was beating another. The old gardener rushed out of our gates towards his daughter’s home next door. The voices continued and young kids tried to get a close look out of curiosity. I chased them back to their homes. Later the gardener came back to inform me that the TV of  his granddaughter who influenced her husband towards celebrations out of our money without completing the job – had fallen to the floor due to mishandling by her younger sister – causing damage to both – the TV as well as the floor. The old man explained that the money had come from an expatriate friend of the guy. Like in the case of Mr. John Howard – former Prime Minister of Australia – I connected the damage to be return karma for damaging my investment in developing the infrastructure of Thunaivi – so they would not become instruments of those looking to show quick outcomes through arms and/or money. Karma never fails. Where our purpose is good and we stay within our Truth – we become the pathways through whom Truth manifests Itself. The time and place of such manifestation is the real Commonwealth that all who believe in that place and/or its people would be empowered by. 

GajalakshmiParamasivam

Mr. Geoffrey  Alagaratnam PC

President

Bar  Association of Sri Lanka

153, Mihindu Mawatha

Colombo 12

25 November 2015

Dear Mr. Alagaratnam,

RULE BY LAW, BY YOUR MEMBERS

Earlier this year, your Association published the article :

‘HOW DIFFERENT IS RULE BY LAW FROM RULE OF LAW?’

The opening line in that article which included the picture of former President of Sri Lanka, Mr. Mahinda Rajapaksa was:

‘Is the Law supreme and the Ruler subject to the Law, or is the Ruler supreme?’

The parallel of this question arose in my own mind yesterday, when Mr. Sankarshana Aindri Parathalingam PC,  also (like Mr, Rajapaksa) assisted by his son Mr. Nishkan Parathalingam tried to exert superiority in the Civil Appellate High Court of Jaffna. The alarm bells started ringing within me – at ethical level – when I observed that Mr. Parathalingam who appears for me in another Appeal matter in Colombo, declared to the Jaffna Courts without any prior notice to me or my instructing solicitor in the Colombo matter, that he was appearing for my opposition in this Jaffna matter. These alarm bells are based on my true contribution to social values.

When I engaged Mr. Parathalingam PC to represent me in Court, there was a relationship formed on that basis – with him as my senior in Court for legal presentation in that Court. For presenting the Truth of my experience – I am of higher status. When we are conscious of our respective positions and their duties, we respect the Legal structure. To my mind,  it is a network of relationships. As I said to an Associate in my Management Service, when explaining this ‘conflict of interest’ - I cannot be doctor to Yaman (Lord of Death) as well as to Life at the same time. Looks as if Mr. Parathalingam PC is able to,  through Rule by Law.

The disappointment from the above observation was worsened when Mr. Parathalingam PC, kept suggesting dates for the next hearing without waiting to hear the suggestion by the Judge. Our lawyer was not present yesterday and I was the only person for my side. Yet, I was not asked whether any of the dates discussed were suitable to me also? My participation was limited to standing up as if to say ‘Present Sir’/uqfEq[f _ya! 

Initially, Mr. Parathalingam stated 01 March 2016 would suit him. This would not have suited me because we are scheduled to leave for Australia the day before. But given that I was not facilitated to have my say – with Mr. Parathalingam bulldozing to have his way – I prayed quietly to the contribution I had made to the same court Administration – earlier this year, when I was not only heard but facilitated with more time to reformat my Application for Leave to Appeal, to suit the format of the Jaffna Court system. I had prepared mine as per the Australian system where I, as a lay litigant,  was never knocked back on the basis of ‘format deficiencies’. The Jaffna Courts also facilitated me to re-submit the Application through a local lawyer and this is exactly what I did. To my mind the original application I submitted is the true and effective one and is the root of the lawyer’s format. Mr. Parathalingam failed to recognize this contribution by me even when I stood as a lone person yesterday – effectively as a lay litigant. In contrast – the Australian barristers who represented my opposition – consented to any corrections in format – suggested by the Judges. Mr. Parathalingam, PC -  failed to demonstrate International standards in his conduct opposite a lay litigant. In fact he assumed superior position to myself by completely ignoring the rights of his opposition. Are we deserving of International solutions including the Hybrid Court system - when even those of highest professional status in the legal family, are found to be lacking in their bar- table  etiquette?

It is important during these times of International Conflict and Terrorism fears, that we prevent abuse of power through hasty application of Public status. Mr. President, ultimately – the Court, like the Parliament, is limited to its own contributions to Common values when judging us – the People. The ultimate Judge is the Lord. We, the litigants – have the duty to bring our Truth to the Common Court. Often, the Courts – including the Australian Courts, fail to identify with our Truth even when it is delivered in the language of the Law – as interpreted by us. But, to the extent we are true to our own conscience – our declarations of Truth are heard by the Lord of Natural Justice. That is how, I believe I also contributed to the fall of Mr. John Howard, former Prime Minister of Australia (Gaja Lakshmi Paramasivam v John Howard S51 of 2001 in the High Court of Australia) who was present at the spot of 9/11 attack.

Truth empowers us to work the system through its roots. We thus become the root-cause of manifestations including through the Judicial system but not limited to the judicial system. To the extent our contribution is through the administrative system followed by the  judicial system, our returns are regulated through the Common National and/or Global pathways. The height of the status of the matter is determined by the level of the Common Law used  by us and not our personal influence with others in the system. The returns including through the system of Natural Justice happen as per  those positions through which we processed our work – even though we may have been dismissed by the occupiers of that position  and declared ‘failures’ by the Judicial system. The rest of our contribution would be towards Energy without face / form and is independent of the official system and would be the origin of our ‘service’ to wider world/society. Such contribution supports us anytime anywhere.

I believe that I have contributed to complete my relationships in the official systems of Administration in Sri Lanka, and in Australia. I have contributed beyond those official systems and hence am able to quickly work out my role as per the system of Natural Justice which is the most challenging power of all and yet is freely accessible to all of us through our own conscience – our own judge within. The three levels at which our real returns happen are:

(1) At  the Administrative process level – where we enjoy Equal status to other parties concerned – irrespective of our respective official status.

(2) At the Operating Position level in Court. The status at this level,  is as per Truth that the  litigants bring to Court and as per legal skills in the case of  Lawyers. If Mr. Parathalingam PC, had, during his preparations, allocated equal status as his legal knowledge, to the Truth brought to Court by his side as well as myself and my husband – the sole respondents in the primary matter – he would have at least consulted with me before suggesting a date and also would have refrained from using his legal knowledge to effectively suppress the Truth.  What he did yesterday is an extreme example of Rule by Law.

(3) At the Completion level in Court when the matter is submitted to the system of Natural Justice as per our True Purpose – the Causal Force that has not been recognized by the official system.

Yesterday, Mr. Parathalingam PC, went outside his position as an Equal to me in that Civil Appellate High Court of Jaffna, when he not only proposed his own dates – as if I was a nobody – but also went on to explain to the judge the approach he was proposing to take to have my Applications dismissed.  Had I not studied the relevant processes at the primary level and later when I as a lay litigant prepared the Application within a very narrow span of time due to the Resource problems in Mallakam District Court – I could not have followed his argument. Yet, in a Democracy, Truth and Law must meet at the 50:50 point – Truth being given first right of presentation. Hence the principle of Customer is Right in Democracy. Yesterday, Mr. Parathalingam PC confirmed that in Mr. Parathalingam’s mind the customer was dead. The supplier was all powerful as a monopoly.

The three parties in a Court are the Applicant, the Respondent and the  Judge. Each party has the responsibility to relate mentally to the other parties concerned as per their respective positions in that court for that matter. I do not know the reason why I must have seemed a ‘nobody’ to Mr. Parathalingam PC. It could be because I am a woman about whom he knows very little except through instructing lawyers. Since Mr. Yogendra represented the other side during the primary hearing – it is quite possible that  Mr. Parathalingam PC blindly copied Mr. Yogendra’s assessment of me outside the legal boundaries. It is in Public records that Mr. Yogendra kept referring to me as a non-family member going after other people’s money, during the primary hearing. He stated as part of his application that I was previously married with three children from that marriage and that I was now married to the 5^th Respondent – the brother of the Deceased whose Estate is the basis of this matter:

When I was giving evidence also Mr. Yogendra continued to repeat the above and I had enough steadiness of mind to say to him AFTER I stepped down from the witness box, and AFTER disciplining my own lawyer that I was not a woman for sale. But after yesterday’s conduct by Mr. Parathalingam PC, I now feel that they were actually talking about themselves – going after ‘other people’s money’.  Money that is received but not earned by true commitment to the Institutional structures – is ‘other people’s money’. They would have prevented this  if they had allocated my status as Equal to all other respondents on the basis of the LAW rather than their personal thoughts. Position allocation prevents discrimination for selfish purposes which damages our society. In Sri Lanka, this kind of accumulated unjust discrimination forces resulted in suffering through war against the Government and by the Government against its own People. Ultimately it is People against People.

Mr. President, Mr. Parathalingam PC, has, through his conduct,  demonstrated that he considers himself to be the king of the Court he is in. To my mind I am the queen of Lay Litigants. I am not likely to be certified a winner by a weak court but once we the citizens find that we practice the law more than the Judiciary – we become the trainers of the Judiciary in social justice. Just Society ought to be the ultimate goal of the Judiciary. To your question ‘Is the Law supreme and the Ruler subject to the Law, or is the Ruler supreme?’ – members of your own Association -  Mr. Parathalingam PC and Mr. Yogendra Attorney at law, have confirmed in conduct that the Ruler is supreme. Hence what right did the Bar Association have, to criticize the former President of Sri Lanka for dismissing the Chief Justice?

Each time the Judiciary interferes with Administration to damage a true Administrator – the Judiciary earns the punishment of  acting in breach of the Doctrine of Separation of Powers. The punishment may not happen directly but would eventually devalue the whole Judiciary. As per the Association’s article mentioned above :

[In September 2005 the Council of International Bar Association passed a resolution in which it said: “The Rule of Law is the foundation of a civilised society. It establishes a transparent process accessible and equal to all. It ensures adherence to principles that both liberate and protect. The IBA calls upon all countries to respect these fundamental principles. It also calls upon its members to speak out in support of the Rule of Law within their respective communities.”]

If you fail to demonstrate this Equal status to access your services I would conclude that the Bar Association Sri Lanka itself is practicing Rule by Law while preaching to others to practice Rule of Law. The Ruler is Supreme – when Truth is stronger than the Law. In Democracy we refer to such persons as Facilitators. In religion they are Divine Beings.

Today, 25 November 2015, we Hindus celebrate Karthigai Festival – honoring Lord Muruga with six faces. As per my discovery, the six faces represent our five senses plus the common surface memory to render 360 degree view of the manifested Truth. In terms of the Judiciary – this 360 degree view is complete only when there is impartial observation of all parties to the matter – including the Court Administration representing the common surface memory of the Court itself. Legal experts and the Judiciary are not entitled to take higher position than a lay litigant or witness until we have crossed this border of Fundamental rights. At the secondary stage – Democracy provides for the lay participant to make her/his contribution through her/his Truth-based belief at Equal level to the Lawyers who are closer relatives of the Judges than are lay litigants. The Public who may not be represented by any particular subject in court – are present through the Common Policies of the Government. A lay litigant who is committed to Common Principles and Policies invokes the Public in that Court as an invisible witness. That was how the Pandava Queen – Throupathi – who was demeaned by the Opposition with majority power – invoked the Lord in her heart – to confirm her chastity. A society that fails to honor its women is condemned to lawlessness. A woman/Shakthi  is one who has by her/his conduct earned higher status than s/he officially enjoys. Such an ethnic minority is also Shakthi power of this Nation – as has been proven through the defeat of the former Executive. It would therefore be prudent of the Bar Association to not under-estimate the power of the lay litigant – especially a lady lay litigant.

Yours sincerely

Gajalakshmi Paramasivam

CC: All Concerned

Gajalakshmi Paramasivam – 19 November  2015

Spoiling our Politicians

Truth, like God cannot be visualized or known by all in one form. We particularize Truth as per our own minds. Belief in itself is valuable. The form is temporary medium through which we develop that Belief. Likewise our Rights. As per The Island report – ‘TNA meets UNWGD, wants truth seeking mechanisms established’ :

‘The Tamil National Alliance ( TNA) has stressed the importance of establishing the required judicial and truth seeking mechanisms to ascertain the fate of persons who had disappeared or were under detention.’

Truth is sought in various pathways. The deeper our investment, the more effective would our discovery of Truth be. The judicial pathway would not suit majority victims of the war. Young ones rebelled because they could not relate to the religion of the Politicians. The lower the thinking order the more visible the effects need to be. Hence the Objectively measurable outcomes needed in the system of Democracy. Projects replaced Programs, also for this reason.

A Nation must not rely only on its Politicians for Good Governance. In Democracy Citizens also have 50% responsibility. Those of us who cannot relate to the UN or the Government – need to identify with our responsibility to contribute to Good Governance.  Self-Governance is Good-Governance. Even within a family, the form of Belief varies from person to person and in the mind of  one person also this form changes from time to time. When I was a student – my belief was more about Education; when I was working – it was more about workplace values. Through all this I continued to invest in and look to the God in particular forms. Eventually – all these beliefs – have merged as Truth and Love I FEEL.

In Democracy, we invest in many subject matters at the same time. As citizens – we elect government so that there is protection for us to function in our fields of expertise. If we elect as per our belief – then  that position would support us – even if the individual fails to perform as per the position. Elected persons who do perform as per their position duty and beyond – would support and facilitate our travel along our chosen pathways.

The families of the Disappeared have the first duty to seek and find their own Truth. Politicians who represent them in Parliament have the DUTY to facilitate this for the families. Finding the Truth is not the UN’s job or the Administration’s primary job.  Finding out what happened is part of the jobs of these two agencies – so that the Truth could be presented through a Common Form.

While this happens, we need to also produce outcomes in our own respective fields of expertise – at a level that majority citizens would relate to. This is achieved through ‘votes’. A Tamil Community leader forwarded to me this morning, the article written by the current High Commissioner for Sri Lanka in Australia, Mr Somasundaram Skandakumar

for the Sri Lanka Institute of Directors at their request for their quarterly publication. Mr. Skandakumar states in conclusion:

‘In the final analysis, given the impermanence of life, there can be no greater reward at its end, than the peace of mind reposed in a clear conscience. So, as much as Corporate Social Responsibility (CSR) has become a board room buzz word, let us make Common Sense and  Conscience (CSC), our personal one and help transform the world into a better place for all’.

 The moment we identify with our own Truth – we contribute to others finding their own Truth. If this is left to the UN – then all Sri Lankan Politicians have failed in their DUTY to facilitate the seeking of finding the Truth – for the citizens they represent. Those who fail to do their duty will keep blaming others. Majority of our Politicians have been spoilt by the excessive focus on them – away from our own fields of expertise. A war-widow who gets the ear of the UN but has no one to talk to at home – would indeed be a lonely person. The same war-widow who has relatives and friends who would share in her pain and loss – would find the missing person she invested in – through others. THAT is how Truth compensates.

Those of us who are physically distant from such victims – could help by development of projects that would facilitate such victims to expand their circle of listeners. Work ultimately heals because I loss is also a form of work based outcome.

We may contribute to the work of Politicians as per the outcomes they produce and not their assessment / judgment of others’ work. During Election time – we are part of their activity. But after that they must be left to do their jobs unsupervised. Likewise we must do our jobs unsupervised by them. We have the duty to produce our own independent outcomes as per our positions in society/community. Not only the families of the disappeared – but all of us have the responsibility to find the Truth about our own loss or gain in this war. If the total loss by Sri Lankans  is equal to the total gain by Sri Lankans – then we are still an independent group. 

My priorities in this regard – include the independence of  Australian Tamils as a Community – contributing to the Sovereignty of Australia. If I become Sri Lankan only or Tamil only  then I must renounce my investments as Australian. I would still contribute to the Sovereignty of the group I feel I belong to. But the structures would not cover wider world. 

Gajalakshmi Paramasivam – 18 November  2015

St John's College - Jaffna

Reconciliation & Human Rights

Nagadeepa the First Test?

The meeting of the Sri Lanka Reconciliation Forum, Sydney – at which Dr. Deepika Udagama – the newly appointed chairman of the Human Rights Commission, Sri Lanka spoke, attracted most attendees. Two former Attorneys General of Sri Lanka – one of Sinhalese origin and the other of Tamil origin were seated next to each other towards this Common Speaker. That is the power of Commonness. Back then, Dr. Udagama was seen as the Head of Law at University of Peradeniya, Sri Lanka.

We have seen some friction between Former Judge – the Hon CV Wigneswaran – now the Chief Minister of  Northern Province and the Hon M.A. Sumanthiran – now part of the National Leadership as Active TNA member of Parliament. I see similar reasons for conflict in the case of Dr. Deepika Udagama also.

The Law helps us to maintain our Rights only to the extent someone from our home Group/ Community – has contributed to the Truth on which that Law is based. Ultimately it boils down to work and sacrifice of earned benefits to raise that work value to the structural level and beyond as ‘Rights’.

The Island has highlighted this difficulty in its article - Accountability issues should be probed in line with domestic laws - New HRC Chairperson on Geneva resolution:

‘Asked whether the HRC could thwart the Northern Provincial Council from removing the name Nagadeepa, Dr. Udagama said the HRC would look into the matter. The HRC had the authority to inquire into Provincial Councils, too, she said, adding that all communities should enjoy equal rights.’

As a law expert – Dr. Udagama may view the matter in one angle. As a Human Rights Commissioner Dr. Udagama may need to go beyond the law to uphold ‘rights’ earned by a Community over long period of time. The Hon CV Wigneswaran who continues to refer to the Hon MA Sumanthiran as his student – would have taken a different stand in the case of the Tamil Political Prisoners – had he not been the Chief Minister of Northern Province. It’s about positions through which we work. We have the DUTY to pay Royalty to those who gave us the Structures and therefore the positions through which we work and earn a living. I foresaw the above conflict between our Tamil leaders back then when Mr. Wigneswaran was about to set foot into Politics:

[Recently I was asked by a fellow member of the Tamil Community, the question as to why there was criticism of the nomination of retired Justice Wigneswaran for the position of Chief Minister of Northern Sri Lanka. I responded as follows:

‘Personally I do like Wigneswaran for a couple of reasons. His commitment to Thesawalamai is the first one. Next is he is guru of Manoharan – Param’s friend who is our lawyer in Colombo.  According to Manoharan, Wigneswaran is a good man and I accept that.

Now coming to his nomination as CEO of North – it is a matter of principles.  Those of us who criticized the Government on the issue of Dismissal of Chief Justice – Dr. Shirani Bandaranaike - claiming it was in breach of Doctrine of Separation of Powers – between the Executive Government and the Judiciary – have the responsibility to do likewise within our own side.   Hence we are not allowed to consciously support this nomination of a Judicial member to the Executive. 

On the other hand, we may discipline and accept our side.  If we do not discipline – we have the responsibility to stay away from them.  I do that with family also. 

Given my investment in Public Administration including in Northern Sri Lanka,  I believe I need the Administrative Power more than Political Power.  In fact I believe that this intellectual investment in Public Administration is our Tamil Community’s greater asset.  This to me is what brings us the clout at international level .  If we criticize our own side – we win credits with the global community – especially in their minds which would later translate as votes at UN level.  If the Sinhalese pick that up before us – then we lose that opportunity in the vertical system – to them.

In terms of what happens at the physical level  – it is up to the people in North. I am not openly  influencing them either way. 

Yes, Wigneswaran is the best looking candidate – but we need to first do our own clean up in relation to Doctrine of Separation of Powers before showing support as a Community.

 Eventually the genuine person’s energies would influence the outcomes one way or the other – even though the current manifestation may not reflect it.  My energies are with Wigneswaran due to his higher contribution to Public Administration through his position as a Judge of the Supreme Court.’] Chapter 13 Naan Australian

The Body, Mind & Soul of Governance is the Individual, Position and Commonness. The Tamil Community that supported my development gave much importance to Positions. Not so the current Tamil Community of Sri Lanka. Today, I received from an Australian Tamil leader the pdf version of the Anandarajan Memorial Lecture by Dr. Daya Somasundaram – Professor of Psychiatry – University of Jaffna.  Mr. Anandarajan was the principal of St. John’s College – where my brother also studied due to my parents’ commitment to providing us with the best possible education. Dr. Somasundaram says:

[Although Anandarajan resisted and eventually paid the supreme price, militants had a fairly free run of schools and other public places to carry out their meetings and videos to recruit students. Whole batch of students joined overnight or ran away from home, leaving a note in the sugar bottle for their mother. They were lured by the pied piper to their doom, to become cannon fodder on frontlines across the northeast. A considerable portion have migrated or had to flee to escape death, conscription or detention and possible torture. Their desperate journeys took them across the Palk Straits to India, continents and seas in rickety, sinking boats; through freezing forests in Northern Europe, jails in South East Asia, Africa and Latin America and international borders, hiding as human cargo in containers and undercarriages of trucks, seeking refuge and asylum. The result is a world-wide diaspora of Tamil youth, some discontented with homesickness and acculturation stress, others doing well in their host countries. The surviving, present day youth in Northern Sri Lanka face a grim future. Society is just recovering from three decades of devastating civil war.

Adoptive behaviours

Many youth were at the forefront during the war and Tsunami to save and care for those who were injured, had lost limbs, or were separated, and lost. Where elders had died, been injured or were unavailable, youngsters took the responsibilities and leadership of mature adults to fill that gap and fulfil their role effectively and successfully. They took part in many essential activities fulfilling family and social needs, taking people to safe places, giving first aid to those who were injured, helping the handicapped, caring for patients and transporting people. Sadly, the youth are not provided with such opportunities or responsibilities at present. They wander around without jobs and healthy hobbies; at times they are induced to involve in antisocial ‘rowdy’ activities. If responsibilities are given to youth, they will show interest in their duties and carry them out effectively.]

If Education was respected as the most valuable investment by the Tamil Community – we would not have succumbed to this pressure for quick outcomes of ‘freedom’ that the LTTE was promising. Today, there is hardly any Australian Tamil celebrating the life of Mr. Anandarajan who sacrificed his life to uphold the value of Education. But many are celebrating Great Heroes Day year after year. In terms of heritage value – the position held by Mr. Anandarajah has much deeper value than the combatants who died by seeking to ‘show’ merit. The benefits come with the weaknesses in their structure. In terms of LTTE – there is little leadership value in terms of Higher Education. A pro LTTE person may have a PhD – but the value would be limited to one generation. Not so those to whom Mr. Anandarajah was real principal. The position of Principal of a school needs to be higher in the Tamil Community than the position of  Head of  Armed  group that LTTE was. Recognizing this is of utmost importance for us to preserve our Traditional Values and our struggles for Self-Governance as a Diverse Community.

This is where places like Nainatheevu whose name is being changed to Sinhala version – Nagadeepa – by Central Government – is of great importance to developing our higher thinking order. During the meeting in Sydney, I asked Dr. Udagama whether there were plans to introduce Equal Opportunity Laws in Sri Lanka. As per my recollection – Dr. Udagama said that we already had the parallel laws towards this.

The provision that comes to my mind, is the 13^th Amendment to the Sri Lankan Constitution under pressure from India. As per that Amendment – Tamil is also an official language. As per the principles of Democracy – in which I have invested through deep sacrifices here in Australia – majority rule must apply in the case of official names. Hence due to heritage Udagama cannot be Udayar when Dr. Udagama visits Jaffna nor would we call her Deepika when the lady is active in her current position. One may use the parallel to relate to the value but not make it Common official terminology. The folks of Thunaivi-Vaddukoddai call me – ‘Ammah’ –meaning mother. Some young ones refer to me as ‘Madam’. I am promoting the latter due to identity with their need to merge with wider world. If Nainatheevu has such a secular purpose – then we need to use the link language – English.

I do not identify with some of  the stands Mr. Wigneswaran takes and he may not identify with any of mine. I do not for example – consider what happened to Tamils - as Genocide. But at the same time, without such strong expressions of Diversity – the ethnic issue would be Generalized and that would be an insult to those who died due to the inability of the leaders of both ethnicities to come together for the Commonness of Sri Lanka.

When someone dies/gets killed  and there is another who holds common belief as that person but is away from the area of physical activity – the investment in that belief by that person who died takes on Absolute value and empowers those alive to take on the leadership role of that person who died. That is the true memorial service to those with whom we shared common belief – even though we may never have met them in person. Hindus chant Sivapuranam to clear any blocks in this passage of inheritance. Clearing Nagadeepa is the responsibility of this Government that claims commitment to Commonness.

Truth needs no Reconciliation. The way we interpret that Truth through what happened needs reconciliation where two different pathways/laws are used. The Provincial Council has the lawful  right to name Nainatheevu to its original name. Some may still call Chennai,  Madras. But the official  name is Chennai and by using Chennai – we are showing valuation to Tamil Nadu’s Diversity – which cannot happen without Sovereignty.