There is no strict rule that one must use democracy in current times. Not many in high positions actually do. But those who have the position responsibility – for example President Mahinda Rajapakse who is primarily responsible for upholding the principles of racial equality in Sri Lanka – need to not speak or seen to be acting in breach of the principles of Democracy based on which the educated contribute to various systems in Sri Lanka.
by Gaja Lakshmi Paramasivam
(04 August, Melbourne, Sri Lanka Guardian) I respond to the report ‘Democracy and Human Rights’, by the Colombo Political Editor of Sri Lanka Guardian.
The Political Editor asks the question on behalf of the Indian High Commission ‘The High Commission is still debating who is right – whether it is Mahinda Rajapaksa who speaks of defending human rights, democracy and does nothing or Gotabhaya Rajapaksa who says the two are western values and embarks on a heavy militarisation programme. ‘
During Tsunami Reconstruction work in Batticaloa I heard a Tamil say similar to Defence Secretary Gothabaya – that there was no real Democracy and for me not to waste my time trying to be democratic! I thought about it – and appreciated that man’s honesty. Defence Secretary Gothabaya is at least consistent in being autocratic. One would think that this is an essential requirement in Sri Lankan Defence Leadership. Where the cadre below are not as democratic as we make them out to be – we make victims of ourselves by actually practicing democracy in such environments. In most of the Australian Courts I went into – there was hardly any democracy beyond the administrative level. Democracy is largely theoretical even in the West. If perhaps, Defence Secretary Gothabaya had lived as an American when he lived there – he would at least respect the investment made by others in democracy.
There is no strict rule that one must use democracy in current times. Not many in high positions actually do. But those who have the position responsibility – for example President Mahinda Rajapakse who is primarily responsible for upholding the principles of racial equality in Sri Lanka – need to not speak or seen to be acting in breach of the principles of Democracy based on which the educated contribute to various systems in Sri Lanka.
The Political Editor quotes ‘They talk of defending democracy and human rights. As far as I am concerned, democracy and human rights are western values. They are not for us,” declared Gotabhaya Rajapaksa. Those remarks were from the brother of President Mahinda Rajapaksa who speaks holistically of democracy and preaches the value of defending human rights.’
Defence Secretary is merely confirming Sri Lanka’s current reality. It would be his reality for as long as he is Defence Secretary of a country that claims to have defeated the world’s most ruthless terrorists ! The more we make such statements for our ears and for the ears of those on whom we depend, the more we start thinking they are true. Defence Secretary Gothabaya is not alone in this. There are many Tamils who fear going to Sri Lanka for the same reason. They keep condemning the highest position that seems available for criticism – for example the President – even though they are not experiencing personal damage and pain due to particular action – that they start thinking they are the President’s direct and Equal opposition. Then when President Mahinda says Prabakaran was a terrorist – they think they have been attacked! Hence the fear.
Even today, I was trying to explain to a Tamil that rights as per Prescription Ordinance could be used to ‘grab’ lands of Tamils who have fled the country – that Diaspora Tamil said ‘leave it to God and don’t take risks’. I said ‘o.k. then don’t talk about colonization!’
At a recent meeting a pro-GOSL (Government of Sri Lanka) Tamil declared that there were no real war refugees in Sri Lanka. He said prior to that that he was helping his village in Northern Sri Lanka – towards development – using money from overseas Tamils!!! If there was no war damage - his help did not warrant mention in that forum. This Tamils said also in reference to the Channel 4 documentary ‘why are they talking about it now? They are westerners. We have to resolve our own issues. Westerners have vested interests!’ My response was ‘If you truly believe that – get even by making use of them to get what you believe you need’ . That is also my advice to Defence Secretary Gothabaya – Place your country before yourself and don’t let personal differences with political opponents damage the earnings some of us are accumulating towards Peace by using the system that neither party to this conflict actually practiced! – Democracy. The value of Western Democracy is its independence and adverse nature to Autocracy practiced by the Sri Lankan Government as well as the LTTE.
The Sri Lankan President claimed ‘Sovereign Rights’ to keep their war efforts confidential. That is like Love of a Mistress. Western leaders who have no such privilege in politics – and are answerable to the human laws governing their positions/marriage – would naturally demand as per those laws – especially if they have invested in Sri Lanka.
While preparing for an appeal case in Sri Lanka - I was impressed with the provisions of Section 3 of Prescription Ordinance 22 of 1871 (Sri Lanka). I recalled my experience with the Inclosed Lands Act 1901 (NSW) under which I was arrested for Trespass here in Australia. In both instances I switched to the hierarchical system and pleaded in my mind with the architects of these legislations to help me appreciate the fundamental values of the system of those times which was ‘autocracy’ and not democracy. In both instances – the picture became clear after that. My belief in them helped me realize that I was right as per genuine interpretation of the laws that prevailed at that time. Like with blessings of family ancestors I felt that I was being blessed by these legal ancestors and hence my understanding would help other commoners irrespective of whether or not I win in Court.
In the case of Section 3 of Prescription Ordinance 22 of 1871, an occupier needs to have title adverse to and independent of the legal owner, to own through Prescription Rights.
In other words – one is physical possession as in the case of a Mistress/Lover and the other is Legal – as in the case of a wife. In this instance – Mahinda is the wife and Gothabaya is the Mistress of Democratic Civilian. As Gandhi said ‘there is room for all’ / both – wife as well as mistress – in the Indian system. If the High Commissioners are true Indians – they would accept both to derive their own benefits.
The question here is ‘who is adding power – Mahinda by upholding the principles of democracy or Gothabaya who speaks the Truth about his forces?’
The answer is in the brain of the thinker. Neither in their official positions is of direct relevance to us commoners without portfolios. If we started thinking that they are we would also stop going to Sri Lanka. We need to find their parallels in our worlds and use them as facilities to derive the values we need.
At my level, Gothabaya is certainly adding greater power to Sri Lanka than Mahinda – because Truth – however ugly it may seem - is more powerful than any human system – however handsome it may seem.
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