GAYA FERNANDO

Rizana Nafeek left the country forging her age on a passport and found herself in hot water with the laws of the foreign host nation. She was denied her life in the discretion given to the tribal family negotiation process in Saudi Arabia and was sentenced to a terrible death. Ranjini left the country as a refugee post-war and found herself in a legal ‘black hole’ in Australia regarding ‘significant and continuing security threats to Australia. She failed the security test of which no details are released and was thrown into indefinite detention with no reasons given and no appeal according to the processes of national security in Australia. She may not lose her life immediately though there is a significant and continuing risk that she will lose her mind as others have done and are receiving psychiatric treatment as the length of indefinite detention takes its toll on the human mind.

Both the girl Rizani and the young woman Ranjini did not make this journey alone nor are they very cognisant of the procedures to which they were submitted. They left the country assisted by a network of agents who profit from assisting those who wish to leave the country to do that for a hefty fee.

Admittedly one young woman accidentally may have caused the death of a child and the other may have been employed by a terrorist organisation during a war in the country she left. What matters now is how Host State processes mete out justice on their terms to people who are in the grey area of the law and to whom a discretion may apply given the individual circumstances of both women.  Yet what is seen is that the only criteria applied is how these actions affect the host nation. Both Rizana and Ranjini are just migrants/refugee applicants who do not belong there.

On January 9th we lost Rizana and on January 15th was born a son, Paartheepan, to Ranjini, who is still in indefinite detention. This is what may change the tide in the case of the second young woman.

Paartheepan means light to the world. Paartheepan’s father is a Permanent Resident of Australia, Ganesh and so, ‘Paari’ is an Australian citizen and will be able to leave the detention centre without his mother. However, for the present, strategically as well as naturally it will be best to leave the little baby with his mother for his well-being and hers as well as to attract more outrage and attention to her plight which is hardly in line with 2012 human rights norms relating to limits in detention, the right to appeal and the right to know the charges against you. Paari has two brothers at the Villawood detention centre who go to school but come back to the centre and are not free to leave.

I have followed to some extent the campaigns for Rizana and Ranjini from the social media callouts and other newspaper reports. It has been alleged that the delegations to plead on behalf of Rizana may have worked against her interest with their premature indications of a settlement, possibly hardening the resolve of the tribal family negotiators to withhold the pardon in this case. I have no informed opinion on this. However, if this were the case, there is a lesson to be learnt; many may be. It is therefore with a certain anxiety that I view the vociferous, emotional twittering of campaigners who call on even Barack Obama to press for the release of Ranjini. Paartheepan, bless him has his own hashtag #paari, another called #bornfree and the campaign grows in animosity towards ASIO, Chris Bowen and others involved as State Officials in this case.

While it is very commendable and humanly moving to see the campaign for Ranjini, it is not uncommon for State Authorities to tighten their resolve to continue their process despite the clamour of activists and to be seen as not giving into pressure from rights groups. This is evident in many such situations in Europe, USA, UK and well, pretty much anywhere including Sri Lanka.

Therefore it is hoped that little Paari and his mum will not be hindered by this social clamour and that the authorities determining their case will be given that prudent window in which to reach a dignified verdict on their own. Sometimes activism is its own enemy and the campaigners get carried away by tweet overload. Congratulating their efforts, it is hoped that political realism will allow this life-changing decision to be carried out by the powers that be as soon as possible.

This is the announcement on the website Letters for Ranjini on his birthday Jan 15th.

We are blessed with a boy, Paartheepan (Paari).

4.075kg on 15-01-2013 Tuesday at 8:23PM.

Mum and baby are fine.

Regards, Ranjini and family.

One little note of relief is that little Paari weighed over 4kgs at birth and he is in good health. Pardons and amnesties are in place for a reason as is the review of judicial process over other state institutions. Let us hope that Paari will hasten the processes that will determine if Ranjani is or is not a continuing security threat and will signal a new life for the family in Australia if all goes well.

Paartheepan, Ayubowan !!