Sydney University Controversy

| by Gajalakshmi Paramasivam
( September 19, 201, !elbo"rne, Sri #anka G"ardian$ %
read &ith interest the report 'Shame on Sydney U ( St"pidity ) %*noran+e, by the -sian
."man /i*hts Commission p"blished in Sri #anka G"ardian
0he +ontroversy as % "nderstand it seems to be that Sydney University looked at
preventin* tort"re by st"dyin* also the Sri #ankan armed personnel +on+erned
(1ndin* tort"re means en*a*in* &ith traditional 2oes by Pro2essor 3anielle
Celermajer$ &hereas the -sian ."man /i*hts Commission is lookin* at the hi*her
level 4 to st"dyin* the politi+ians &ho *ive the orders5
0o my mind, both are ri*ht provided they do not inter2ere &ith the other,s path5 0o me
this is also the +ore reason &hy Sri #anka has e6perien+ed +ivil &ar5 %t &ill +ontin"e to
be the +ase "nless &e make o"r o&n +ontrib"tions by dis+overin* 0r"th 4 and
in+l"din* that in the &ay &e en*a*e &ith ea+h other 2ollo&ed by o"r en*a*ement &ith
the +"stodians o2 po&er5 -s a 0amil en*a*in* as a Sri #ankan 4 % am very m"+h in the
minority and hen+e my dis+overies are thro"*h ordinary voters 4 j"st as it &as thro"*h
employees o2 the University o2 7e& So"th 8ales in nat"ral environments5 0his res"lts
in trans2ormation at *rassroots level5 /elative to the Government o2 -"stralia, Sydney
University &o"ld have +onsidered itsel2 a minority po&er to take this approa+h5 0he
dis+overy then &o"ld need to be an a+ademi+ p"bli+ation 4 2ree o2 any obli*ation 9
in2l"en+e by or 2rom *overnments5
-s per my resear+h and dis+overy thro"*h the University o2 7e& So"th 8ales 4 at
both ends o2 a str"+t"re 4 de+isions are s"bje+tive5 % &as 2ailed by the -"stralian
."man /i*hts Commission as &ell as the :"di+iary thro"*h "se o2 dis+retionary
po&ers5 Use o2 dis+retionary po&ers is s"bje+tive and &hen "sed by a s"bje+t &ith
lesser investment in the iss"e than the one bein* j"d*ed ; the j"d*ment &o"ld be o2
lo& <"ality5
0he same o"t+ome 4 in the matter +"rrently at the +enter o2 o"r dis+"ssion 4 &o"ld be
vie&ed and re+eived by vario"s individ"als and *ro"ps 4 ea+h one as per their
investment in a parti+"lar order o2 tho"*ht5 0o some the Sydney University &o"ld
seem ri*ht and to others the -sian ."man /i*hts Commission &o"ld seem ri*ht5
Ultimately 4 the 7at"ral 2or+es &o"ld do their job and +ontin"e to prod"+e the
o"t+omes as per the total +ontrib"tion at that time at that pla+e5 0ort"re itsel2 does not
have "ni2orm *lobal de2inition5
0he risk 2or the Sydney University in this instan+e is that the +"rrent iss"e thro"*h
&hi+h Sri #ankans 2eel +hallen*ed is ra+ism5 8hen % bro"*ht a+tion a*ainst many
seniors 4 in+l"din* !r5 :ohn .o&ard 4 &ho &ere "sin* s"bje+tive po&ers to dismiss
me in+l"din* thro"*h ne*li*en+e o2 their d"ty to mi*rants, % "sed /a+ial
3is+rimination -+t 19=> thro"*h &hi+h to e6press my pain5 % +o"ld have "sed
%nd"strial /elations la&s and % &o"ld have, had % been driven by <"i+k and easy
bene2its5 % had eno"*h eviden+e to +on2irm that % &as a hi*h per2ormer at the
&orkpla+e 4 despite my Sri #ankan <"ali2i+ations not bein* re+o*ni?ed even a2ter years
o2 hi*h per2orman+e in -"stralia5 @"t the need to "se /a+ial 3is+rimination #a& &as
*reater than the need to "se %nd"strial /elations la&5 -s a mi*rant % 2elt it &as my d"ty
to "se /a+ial 3is+rimination #a&5 !r5 .o&ard,s s"bse<"ent a+tions in relation to
re2"*ees, 9911 and @ali @ombin*s +on2irmed that that need &as *reater 2or the nation5
0he di22eren+e is in the order o2 tho"*ht5 0hose &ho assimilate &o"ld have most likely
+hosen %nd"strial /elations la&s, "nder the +ir+"mstan+es5
% so"*ht and shared my 0r"th ; that % did not 2eel e<"al to or hi*her than my 8hite
-"stralian +o"nterparts despite per2ormin* at a level above them5 3"e to my
2orbearan+e % did not take a+tion at the lo&er levels b"t int"itively "sed the *lobal la&
a*ainst ra+ial dis+rimination5 %n Co"rt &hen % had proven +learly that the dismissal
&as not on merit basis 4 and the :"d*e asked me &hether a++ordin* to me the ra+ial
dis+rimination &as +ons+io"s or s"b+ons+io"s 4 % said it &as s"b+ons+io"s5 0hen the
other side barrister j"mped "p and said that his +lient &as yo"n* and her +areer &o"ld
be dama*ed5 -2ter all that in<"iry 4 the matter &as dismissed as la+kin* in s"bstan+e5
@"t % kno& that % had proven my +ase to :"sti+e Gyles &hose thinkin* order &as hi*her
than many others &ho &ere entren+hed in the 8hite -"stralia system5 0o me that &as
trans2ormation5
.ad o"r politi+ians done like&ise and shared their 0r"th &ith Sri #ankan politi+ians 4
% &o"ld identi2y &ith my o&n +ontrib"tion to&ards this5 #ike&ise, % &o"ld e6pe+t the
Sydney University also to make itsel2 *lobal and s"pport -"stralian P"bli+ thro"*h its
dis+overies5 -s one a+ademi+ said to me 'the job m"st *et done,5
0o me, Sydney University &as a+tin* in brea+h o2 proto+ols &hi+h event"ally lead to
blind 2ollo&in*5 - University m"st en*a*e thro"*h Universities in the +o"ntries
+on+erned and not en*a*e dire+tly thro"*h s"bje+tive po&ers5 Usin* s"bje+tive po&ers
&ith someone o2 di22erent +"lt"re amo"nts to "nj"st dis+rimination5 .en+e 1<"al
Apport"nity la&s to prevent indis+riminate mi6in* o2 administration and +"lt"ral
thinkin*5 1a+h *ro"p 9 +"lt"re is entitled to prod"+e its o&n o"t+omes independent o2
other *ro"ps 4 and then leave it to the P"bli+ to take the dis+overy as per their o&n
needs5 0hat is tr"e m"lti+"lt"ralism5 8itho"t this prote+tion Sydney University +o"ld
have e22e+tively started -dministerin* the Sri #ankan armed 2or+es 4 in+l"din*
thro"*h s"+h a+ademi+ 2or"ms5 0he membership to parti+ipate &as that o2 the
Universities and 7A0 bodies that are dire+tly administered by the Government5 % on+e
disp"ted the +laim by a +lose -sso+iate o2 the -sian ."man /i*hts Commission ; that
-"stralian standards in la& and order &ere hi*her than Sri #anka,s5 0he above
+ontroversy +on2irms that my observations &ere as per 0r"th5 0r"th has per2e+t order5
Sydney University &as tryin* to do in reverse order, &hat % did at the University o2
7e& So"th 8ales and beyond 4 thro"*h my -dministrative and #e*al a+tions5 % shared
my 0r"th to kno& the 0r"th abo"t those &hom % did not have the opport"nity to &ork
&ith dire+tly 4 despite my ability to +ontrib"te at poli+y level5 % had to *et involved as
part o2 them to kno& the 0r"th5 -s they say in 0amil '#earn also to steal and then
2or*et,5 -s an -"stralian % believe that that is &hat Sydney University &as doin* 4
*ettin* to kno& those at the +oal2a+e5 0hey j"st 2ailed to 2ollo& the slo&er path o2
in+l"din* Sri #ankan Universities 4 espe+ially University o2 :a22na 4 so that the ethni+
+omponent +o"ld also be identi2ied &ith 4 not by the perpetrators &ho a+t
s"b+ons+io"sly 4 b"t by the a+ademi+s &ho mentally be+ome the perpetrators to
dis+over the 0r"th 4 so it +o"ld be shared &ith those &ho are &illin* to learn5 A2ten
those driven by desire 2or*et to +ome o"t o2 the mode5 Ane &ith hi*h level o2
2orbearan+e &o"ld need to lead s"+h proje+ts5
Ane important +omponent that leaders need to be +ons+io"s o2 &hen in+l"din* Sri
#ankan soldiers is the ethni+ element5 Soldiers on both sides o2 the Sri #ankan +ivil
&ar 4 &ere s"bje+tive at the lo&er level5 0his &o"ld mean that those &ho do not &ork
2or their position bene2its &o"ld "se the <"i+k and easy method o2 s"bje+tive path
&hi+h &o"ld o2ten dama*e others &ho have invested in the iss"e b"t are not physi+ally
present to prote+t their investments5 .o& does one e6plain thro"*h +ommon
prin+iples and la&s 4 the ri*hts and &ron*s o2 another,s a+tion &hen their orders o2
tho"*ht are already proven and a++epted to be di22erentB Sri #ankan soldiers &ere
driven by o"t+omes more than the +ommitment to 2ollo&in* +ommon order o2 tho"*ht
&ith the +omm"nity that stood to lose5 .en+e the only &ay to brin* abo"t +ommon
order is 2or the hi*her +ontrib"tor to *o do&n to the level o2 the needy and mer*e &ith
their minds and <"ietly trans2orm "ntil there is +ommon order o2 tho"*ht5 0o a+hieve
this one &o"ld o2ten need to 2ore*o earned bene2its 4 as Gandhi did5
Posted by 0havam