The Right to Govern

| by Gajalakshmi Paramasivam

( October 16, 2012, Melbourne, Sri Lanka Guardian) I write in response to the Sri Lanka Guardian article  ‘The final agenda for lasting peace in Sri Lanka’  by A.R.Arudpragasam

The author writes ‘Having been the intellectual force behind the heroic struggle of Tamil people for statehood for the last thirty seven  years, having introduced the concept of armed struggle for liberation, taking into consideration all its experiences of the past and scientifically analysing all the problems, noting the LLRC report does not include the vital issue of solution to the ethnic problem and LLRC report cannot be implemented without implementing the solution to the ethnic problem, while rejecting barbaric prescriptions for solving the ethnic problem and anchoring a political solution on political realities, places the following programme as the final solution to the ethnic problem and calls on all stakeholders, national and international, to come together and implement the following agenda, without delay, considering the merit of the  proposal,  support it and engage in its implementation so that a new, peaceful, dignified Sri Lanka will finally emerge which all humankind desires.’

Recently, an intellectual of Sinhalese origin was saying the parallel of this in terms of the laws of Sri Lanka – especially those that affect the Constitution.

Neither side presents a wholesome solution. Both sides have presented answers that would satisfy their respective  immediate circles – the circles that award them status.

1.      In his opening answer Arular states ‘Tamileelam belongs to Tamil people, Sinhala Ratta belongs to Sinhala people and Sri Lanka belongs to all Sri Lankans, resolve Sri Lanka into two equal sovereign statehoods of Tamileelam and Sinhala Ratta, and Sri Lanka as union of two equal statehoods, by establishing two separate and equal parliaments for the two principal nationalities and minorities within them, and a neutral national assembly for a united Sri Lanka as the permanent solution to the ethnic problem.’

To my mind, the parallel of this in terms of Family life – using Arular’s family for example -  is:  ‘Father belongs to Arular ancestry / EROS; Mother belongs to single mother ancestry and the children by default represent the common family – known legally as the family of Mr. & Mrs. Arudpragasam’.

The parallel of that for Australians is ‘White Australians are Mainstream Australians; Migrants and Indigenous groups  belong to the places of their origin – including Arnhem Land ;  and the children who were born here in Australia represent common Australia - the country legally known as ‘Australia’.

Good and Healthy Governance would naturally merge with Divine Universal Governance which functions automatically as per our Truth. Neither Tamil Eelam nor Sinhala Rata has official / legal status. Official / Legal status needs to be wider / higher than our real status, if we are to actively invest in Common Law and its Structures.  The above ‘answer’ is an expression of current reality which renders lowest status to those who feel they are Sri Lankans. They are the parallels of  the children of Mr. & Mrs. Arudpragasam over whom Mr. & Mrs. Arudpragasam had direct Divine authority to govern. Like with the children of this family, if Sri Lankans who feel Sri Lankan,  earn higher status than their parents with wider global society – then they earn the right to govern their parents – both sides parents. The international community has the responsibility to first support this small group which has lesser opportunities than either parent to develop to the higher official level. Parents who limit themselves to the past confirm their ‘attachments’ to the benefits from those physically close to them. This is the case with claimants of Tamil Eelam or Sinhala Rata. They both tend to shrink their worlds to what they are comfortable with.

2.      In his answer number 2, Arular states ‘Under the two regional parliaments establish elected District Councils for each district while scrapping the colonial GA, AGA, Gramasevaka system, the Provincial Council system and the 13th Amendment.’

This was also a topic that was discussed with the above mentioned Sinhala leader who kept saying that ‘rights’ must be ‘given’ to the minorities. Rights are  earned and the earned right needs to be recognized by the government with officially higher status.  If Sinhala only leaders and Tamil only leaders resigned themselves to their respective areas  - who is left to make the decision about the above? As part of the parent group of the armed struggle for Tamil Eelam, Arular has the responsibility to limit his ‘advice’ to his ‘political family’ or use his official position to make top-down statements. If he is towards Sri Lanka – then his membership needs to be more junior than those who have remained Sri Lankans through the conflict. Such aged junior  members of Sri Lanka are the parallels of  parents who become dependent on their children. Then the child becomes the parent and the parent the child. This is happening more and more in our migrant circles and with parents in Sri Lanka who are dependent on their children for their living. This is fine so long as the parents do not seek to have it both ways – seniors for  the younger members of the  old part of their  family (EROS in this instance) and juniors for their children (global looking Tamils in this instance).

As per my observations and direct experience, even educated professionals in Northern Sri Lanka – follow the ‘old colonial systems’  in Administration including Judicial Administration. As per my understanding, until October 2010, when the  Civil Procedure Code (Amendment) Act 2010 [Amending Section 529 of the principal Act] came into force, documents filed in court in relation to Testamentary cases were not required to be served on Objecting Respondents. This confirms that until recently, the Central powers responsible did not consider the citizen to be literate enough to deserve an independent interpretation and presentation. With ‘Tamil or Sinhala Only’ – we would change the ‘looks’ of the leadership which is likely to become even more colonial without inclusion of ‘outsiders’.  Like in marriage, outsiders often provide the ‘opposite’ balancing force to surface hidden problems – a huge benefit from the armed struggle led by the LTTE.

The question is whether  Arular’s group knows to work the system Democratically? If yes, then given that Arular’s group is officially of lower status than a Government (Sri Lankan?) – with the authority to implement his proposal – Arular needs to ‘ask’ and not declare. Likewise Sinhala constitutionalists who talk about various structures of governance through changes to the Constitution.

If on the other hand either group is seeking to share their empowerment with their respective home-groups – then they need to demonstrate through their own home-structures that their recommended structures are already working to help the ordinary person within their home group  govern her/himself.

The structures we develop from zero base are our own. We have the right to claim ownership in others’ structures by including ourselves in those structures and / or by paying our dues/respects to those who originally developed those structures. Both ways are demonstrated by the legend about the ‘Divine Mango’ over which both sons of   Shiva-Parvathi – ran the race of going around the world (becoming global as per our current circumstances).  Elder  (Vertical system’s parallel of Majority voting power in Democracy) son Ganesh paid His respects to His parents and got custody of the fruit and the status of being the ‘winner’.  Younger son Murugan (Vertical system’s parallel of Minority  voting power  in Democracy) physically went around the world, renounced his parental wealth once He saw that the mango had been already ‘given’ to His elder brother and Murugan  established His own Kingdom starting with the Hill of Palani in South India. Those who develop their own structures from zero base – would feel enough confidence to establish their own kingdoms for which they need to be taking up high positions from which they could make global observations. Ganesh continued with the Governance Structure of His parents. Both are right as per their respective positions.

In terms of  Sri Lanka, the common parent we continue to recognize through our laws are largely English and Roman Dutch Laws and hence their cultures.  They have now evolved as UN’s International Laws. Whoever follows these laws more than the other and demonstrates respect for them is the one continuing with the  common system. 

This is not the official Sri Lankan Government which keeps demonstrating that it does not respect the UN. Tamils of Sri Lanka on the other hand are yet to form their own Palani. It is not Jaffna which is yet to renounce its wealth from Central Government. Batticaloa has shifted to become more dependent on Central Government. The solution as I see it is for each one of us to first decide which group we belong to and limit our expressions of Governance to those home-groups and areas. In terms of the rest of the country – we need to consciously apply global principles and laws which we expect to be used when we so seek – be it to punish in the name of terrorism / war-crimes or to reward ourselves for promoting Democracy. We are entitled to use the structures that we have genuinely invested in  and whose principles and values we uphold. Tamil/Sinhala only investors are entitled to their ethnic leaderships. Sri Lankans are entitled to global support. Those driven by Truth are supported and serviced by Universal systems.