Yes, TRO you must fight as an independent organisation. The contribution below might help you in this process:
GAJA LAKSHMI PARAMASIVAM
AUSTRALIAN RESOURCE MANAGEMENT CONSULTANT
906/ 56, Carr Street; Coogee N.S.W. 2034; Australia ;
Email gajalakshmi_param@bigpond.com ; Phone 61 2 9315 7417
The Hon John von Doussa, QC
President
Human Rights & Equal Opportunity Commission
Level 8, 133 Castlereagh St
Sydney 2000
Your Ref : 2016558FC
10 September 2006
Dear John von Doussa,
The Commission?s Need to Better Assess Racial Discrimination
I write to share with you my assessment of the needs of the Human Rights & Equal Opportunity Commission to protect itself from becoming a victim of Racial Discrimination / Terrorism.
As per my observations, the Commission is largely limiting itself to assessing whether or not Race was a CONSCIOUS and EXPRESS factor in a matter. As has now been established through my complaint against the NSW Police, it is quite common for Australians to refer to each other through their ethnic origins. This does promote diversity which promotes specialization ? but when it is used in general area for material purposes it leads to divisions which is an important base for specialization.
Last night we enjoyed a Tamil play about Tamils struggling between maintaining their own special identity and integration with wider society. When integration takes place at the higher level through higher common activities, we get to retain our identities at the lower levels. But once we bring in the lower level identification to assess each other, we risk losing those special features through competition and conflict. As per the producers of the above play, Tamils in Australia are losing their identity due to desire for material progress. But ask them individually in a public forum, and it is highly likely that not one would admit that s/he has lost her / his identity.
I believe that it is a migrant?s duty to bring into Australia, the Truth a migrant has discovered through her / his ethnic culture. The paths may look different. But once we discover Truth our work becomes Universal. ? beyond Time and Space limitations. Such Truth is the richest asset we could bring with us to Australia. It goes naturally with us ? wherever we go ? physically, mentally and / or through our Common Values. Common Values are Values through which others in that group can identify their own work without needing our certification. When Administrators practice Common Principles, they convert them into Common Values for their particular environment. The more powerful Common Values are born out of pain ? common pain suffered due to absence of and/ or lack of practice of Common Principles.
Those of us who directly or through our loved one experienced Racism pain in our countries of origin, must bring that into Australia ? not in material terms ? but as our consciousness. That gives us a distinct identity as Asian Migrant Australians. When we highlight that distinct identify, we send out a message to all those outside that circle ?Make sure you use Universal measures? when you interact with us or else that Truth will come to you in the form of your own weaknesses through independent migrants who are no longer dependent on the people of their ethnic origins. Those who are dependent must limit themselves to the circle of other dependents and / or submit themselves to majority rules and opinions here in Australia and in any country they go to. In other words, they have to be Roman in Rome.
I do believe that your predecessor lost her identity by becoming like majority Australians of her time ? which was White Australians carrying the Racial Prejudice label. This happens when we do not go beyond material benefits at our workplaces. It is far better for the Commission to have as its CEO, a White Australian who is ?seen? to be racially prejudiced due to ?tradition? than a migrant who has lost her Migrant Identity. Losing that identity is like losing our ancestry. We go through funeral ceremonies to lift our investment in our loved ones, so they would become our ancestors and protect us in spirit. This is why we celebrate the dead. When we take up citizenship in another country we die for our birth country. If we forget those values we forget our ancestors and therefore lose their protection and guidance. But like with the dead, we must recognize them only in spirit / principles / common values.
Mr. Howard was in Washington when Muslims attacked America. I was brought out of Sri Lanka just before the latest war broke out. I see that as a protection from my Universal ancestors including some of Australian origin, to whom I regularly pay tribute at least in my mind. I live in the consciousness of my Spiritual Guru Sri Sathya Sai Baba and He being an Indian would have brought me out of an ethnic conflict between two local groups. This is why our Gurus are very important. We feel connected to their whole group through the Common Leader / Guru.
My complaints also reflect the inner conflict that I have gone through as a migrant from Asia. When I said that the Sri Lankan Chartered Accountancy is my highest qualification, it was to show that special identity as Sri Lankan. But when it comes to Hindu religion, I would say that I am a Tamil. The collection of this self-assessment gives us our national identity. If majority Australians have no room for this, they must actively and expressly reject the Racial Discrimination Act and the higher benefits that come with it.
The existence of the Racial Discrimination Act and the confirmation from the Australian Attorney General that we continue to need this Legislation, indicate that the government believes that majority Australians naturally discriminate on the basis of Race. My experience has also confirmed this. That then is the base on which the Commission must start its work ? that the complainant / customer is right. If & when there is evidence to prove otherwise, including evidence that there was no pain or loss and / or that the complainants and the respondents are not legally bound ? the Commission has the responsibility to not override that initial basis ? that the reason for the discrimination was race but do so through the facts substantiated through evidence ? Objective as well as Subjective.
In my complaint against Ms Milena Juraszek of Health Services Australia Ltd., the Commission ruled that my complaint was lacking in substance. The Commission did this despite having received statements from Health Services Australia Ltd that they had terminated my services because I had written to the Board of Directors about my observations of the Management of the company. Like at the University of New South Wales, my accounting work was considered to be outstanding by those who recruited me on the basis of their assessment of the need of the company. But Central Administrators who had custody of money and status, failed to take my suggestions on the basis of the credibility that that performance indicated. They were instead fearful of losing their positions of authority through what I was revealing. This is a common trend with most White Australians as it is with most men in family environments. In Australia, Gender is a lower level classification to Race. Hence we do not feel it as much at the workplace. I feel it is also myself. I come from a country that produced the first woman Prime Minister and the first woman President in the world. Hence I am likely to feel confident that others would not discriminate on the basis of Race. Australia is yet to produce a woman Prime Minister or a Black Prime Minister ? leave alone a Black, Woman Prime Minister.
Subsection (e) of Section 46PH of the HR&EOCA says that the President is entitled to terminate a complaint when ?the President is satisfied that some other more appropriate remedy in relation to the subject matter of the complaint is reasonably available toe ach affected person.?
This is the Commission?s translation of the opinions by some White Australians that they also go through the pain that I go through due to the arrogance and ignorance of Administrators in high positions. In other words, they do not want me to get greater remedy than themselves in similar circumstances and yes, I don?t if I had lost my identity ? like your predecessor did.
I thought about it when it came from someone who is honest with me. Truth is my most powerful force. If we are One through Truth ? we do not need any proof nor any material benefits for our Common Happiness. Truth has no right or wrong. The closest description for material purpose is that Truth is a Universal Right.
Whilst it is difficult for me to find someone of my make up from a White Australian background, I am able to come down to the level of someone parallel to what I ?look like?, from a White Australian background. Often others take me to be that person they ?see? and no more. On that basis all those above me in position tend to ?instruct? me rather than use me as a facility. They are entitled to do this in the issues through which they have position power above me. For example, Mr. Chris Lidbury, the then director of Business and Finance of the University of New South Wales, had the authority to instruct me in matters of Business and Finance but not in Management Accounting where I had the authority to use the law independently. Management Accounting is driven by Human Resource Management especially in a non-profit organization. In addition to this, once I had done the Grant Reporting work which is a primary Financial work, there was Objective evidence that professionally I was superior to Mr. Lidbury. This was confirmed by the experts appointed by the UNSW Chancellry - Arthur Andersens - when they interacted with me. I complained against Mr. Lidbury because he did not show signs of having overridden his natural assessment of me. The natural assessment was tainted by Australia?s natural weakness ? Racism.
Justice Giles asked me in the case against Ms Milena Juraszek, at the end of the hearing (after Milena confessed during cross examination that she did not find any mistakes with my work but that she wanted me to ?obey? her orders on how to behave ) ? whether I considered the racial discrimination to be conscious or subconscious. I said subconscious. Justice Gyles found the Truth through the process chosen by the respondent ? which was to prove that I was dismissed because I was incompetent. In other words if the Commission ruled on the basis of the evidence from the respondent, and that evidence had established that I was incompetent, it would have used subsection (a) of Section 46PH of HR&EOCA which facilitates the President to terminate a complaint on the grounds ? the President is satisfied that the alleged unlawful discrimination is not unlawful discrimination.? The Courts and the Commission went through the process to test my complaint under subsection (a). But did not have the decency to declare that the charge was proven when I won through subsection (a). Instead, when the Commission and the Court did not like the outcome of that probe ? they changed the path / subsection that expressed their ?personal? assessment of me ? that I, an Asian Migrant could not be superior to someone endorsed by White Australians.
So, the Commission ruled under 46PH ( c ) that my complaint was lacking in substance. When Judge Gyles found himself threatened by a barrister and I looked insignificant ? he decided to use the wording given by the Commission instead of upholding his own Truth. Perhaps the next generation would bring these out ? the way intimacyual harassment and abuse by Church leaders is being brought out by our generation. The Courts are abusing ?Lacking in Substance? provisions to discredit and degrade complainants who seem to be less powerful than themselves.
Like with road injuries, racism also could be subconscious accidents or conscious attacks. I believe that the Commission tests only for conscious and willful attacks when I complain. I believe this is because the Commission considers me to be ?lacking in substance?. That is the label I have overwhelmingly received from the Commission.
Since we get punished for accidents which happen due to lack of commitment to common rules and principles through which others expect us to ?behave?, it is important to punish for racial accidents also. Otherwise our nation would continue to suffer from dangerous administrators even at the highest levels of Public Administration. The Commission is the parallel of RTA. What rules do you have to find someone guilty of racial accidents from which I have suffered again and again, whilst the Commission keeps going back to the ?lacking in substance? escape route with little regard for the work I have done and the pain I have suffered to bring the Commission out of that easy distraction which has been very damaging to my reputation.
The work I do goes automatically to Common Values. It?s an accumulation of Truth which I have been able to do more quickly than others in power because of my Asian Migrant Identity which I do not flaunt nor suppress. It just exists and I act in that consciousness. I am therefore more of an Australian than those who cover up their attachments to the material benefits (including status and votes that give status ) that racial divisions bring.
When we interact with an institution / nation, we interact through people. If we are more conscious of the person than the position that that person holds, we are likely to limit ourselves to the person and this would be less than the position returns if that person is not operating at the maximum level of that position. On the other hand, if the person is operating beyond the maximum requirements of a position ? which was mostly the case with me here in Australia, then that position must be overridden to suit that person so that the future generation would have a more progressive position through which to invest in people and principles. The test is whether you are serving the individual, the position or the nation. When you are serving a person who has contributed to National policy, you are serving the Nation ? even though that person might come without any official portfolio. God comes without any official portfolio. We give Him the portfolio we like ourselves to have ? some day somewhere.
Our laws helps us build up this portfolio independent of the persons who have custody over Administrative and Legal outcomes. The Commission has thus far not recognized my right to build up that portfolio without the aid of any particular person. I travel the path of independents ? but do so only after I give maximum partnership to genuine participants. The way I combine with Ms Akers is different to the way I combine with Mr. Le which is different to the way I combine with Domenic which is different to the way I combine with you which is different to the way I combined with your predecessor who was very remote from the racism reality.
I believe that the pain I go through will and does protect Australia from Terrorism attacks. That is the value of Truth. Likewise the work I do to help Tamils will protect Sri Lankans from pain in the ethnic war. When I go through war zones / check points ? I become an administrator and I respect and value others on that basis. But I have watched those supporting either side being fearful when passing through check points and / or guarding in occupied territories. White Australians who have not learnt the Truth about Stolen Generation, would continue to feel fear of their own Racism being manifested through Muslims and worse through Tamil Tigers whose fight has been against the Sri Lankan government representing Sinhalese majority. If the government is protecting majority rule ? then it must ban as Terrorists all groups rebelling against majority governments ? starting with White Australian groups. Otherwise the government must ban those groups as Racists and not as Terrorists. But then that would make a waste of our investments in expensive weapons of mass destruction. Our imaginary fear driven weapons become real to others when we cross our borders without feeling we are one with those living beyond those borders. That is how Australians are hurting Tamils in Sri Lanka through the governments which have become war machines so they can cover up their own failure in Racial Issues.
The President of the Commission has been facilitated to terminate through discretionary powers. Where there is Objective and / or Subjective evidence ? we are able to rule ourselves and all other interested parties would also be able to independently relate to the outcomes and know how to place us vis-à-vis themselves. But where an organization has failed to invest in Objective and / or Subjective evidence being produced, discretionary powers need to be used ? so there would be closure / completion.
These discretionary powers allow you to take sides with the person you better identify with. It is like the casting vote of a chairperson so a firm outcome could be delivered through majority vote . If you identify with the person, then you would vote for the benefits that that person would bring. Then the value of your vote goes with the person. If you identify with the position, then you would vote for the benefits that that position would bring. If you identify with the principles and / or common values that that matter brings the issue of Racism, you would vote with the person who better upholds those principles and reflects those common values. When I worked at the University of New South Wales, I picked the persons through whom I could best combine myself. They were mostly from the Medical Faculty led by Professor Bruce Dowton, the Dean of Medicine. Had I combined with Mr. Lidbury, the Director of Business & Finance and others below or above him who were dependent on his position, I would not have brought out the results I did. I believe, likewise the Medical Faculty staff who worked with me. I do believe that had I stayed on at the Medical Faculty, the UNSW would have been protected from the Racism scandal of the Hall issue. Instead, it was hijacked by the media ? to make it look ?general? and millions of dollars were spent to hurt and damage genuine workers. All because the complainants did not come to the Commission but took it to the Western media under the guise of Scientific fraud so that Westerners could show off their amateur work through the academic forum which they occupied cheaply. If I leave Australia, Australian governments would suffer similar image pain. In fact they are already suffering Terrorism pain which is the parallel of the Scientific fraud that the media painted that racism issue to be. The pain must be expressed in the language of the victims and not in the language of the perpetrator or the judge. That is a dignity that every independent citizen of a democracy has earned.
Today, I learnt (through Channel 9 TV) that Australians are taking advice on Anti Terrorism from Mr. Mendis who appears now to be an American citizen. But Mr. Mendis is of Sinhalese origins who seemed to me to be still not independent of his ethnic origins and without that background his scientific knowledge is only as good as Principles against Common Terrorists. Australians are seeking advice from Mr. Mendis and Professor Rohan Gumaratne ? who are both Sinhalese whose country is divided due to Racial pain. Their contribution comes with the blood of Tamils who did not deserve to die but did because they were neglected by their governments. Australians who receive that advice would be limited to the outcomes that the Sinhalese have limited themselves to unless, these gentlemen have proven that they are Universal ? and that they would give Tamil Nadu in India the same advice they give Australia or for that matter any genuine Tamil soldier who seeks that advice from them. That is the basis on which I advice on Resource Management. Otherwise I would be taking sides so there would be a firm outcome through majority power. I sometimes do this when the person I am engaged with has little respect for Public Administration, but is strongly driven by politics which is racially tainted in Sri Lanka as well as in Australia.
The President of the Commission may in his wisdom decide to continue to favour the respondents and hence his discretionary powers / casting vote would go in favour of the respondents. To the extent the President does this at the point where all available evidence could not lead to a conclusion, I accept that as the right decision for Australia right now. But this also means that when it is against me ? I have the responsibility to work against the Australian government and retain my Ethnic Migrant Identity given to me by the Australian authorities ? now officially endorsed by the State and the Commonwealth. If I leave Australia and take up citizenship elsewhere, it is my duty to fight against Australia if that country fights against Australia.
The label you give must reflect your assessment of the work I have done for Equal Opportunity Issues and for Human Rights. If I have not done any work to improve race relations in Australia, then indeed I am a racist for complaining through that Legislation and you have the responsibility to apply to keep me off the Racial tracks in Australia. Otherwise Australia is likely to keep earning more and more negative karma which would result in Acts of God against Australians.
Yours sincerely,
Gaja Lakshmi Paramasivam
CC: All Concerned, including:
The Hon Kofi Annan ? Secretary General of the United Nations
The Hon Philip Ruddock, MP ? Attorney General.
Edited By - Gaja - 11 Sep 2006 00:07:21 GMT |
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