The Hon Robert McClelland, MP
Attorney-General
Parliament House
Canberra.

13 August 2009

Your Ref 08/23614, MC09/4304

Dear Mr. McClelland,

Racial Discrimination Laws & Anti Terrorism Laws

I refer to your public discussions, including on ABC`s 7.30 Report yesterday on the above two issues. It is interesting that consciously or otherwise you recognize that they Terrorism & Racism - are the `other` side of each other.

In terms of Anti Terrorism measures you stated through ABC`s 7.30 Report that you recognized the need to consider a person innocent until proven guilty. This is not our reality and it would not be until our armed forces are actively trained to consciously use the merit basis at all times with lawful minorities. This failure is recognized through affirmative action questions in relation to Aboriginality. At your level, you have revealed that you did not extend this principle to the attackers of Indian students. Are they also not innocent of racism until proven guilty?

Mr. McClelland, on 29 April 2009, I wrote to you as follows:

`Thank you for your letter dated 20 April in response to my letter requesting reference to be made to the Law Reforms Commission, in regards to Elimination of Racial Discrimination discussed through my submission to the United Nations` Anti Racism conference.

You state `You requested that I refer to the Commission a review into the area of racial discrimination. As noted by Mr. Dobinson in his email reply of 8 March 2009, at this point no such reference has been made.`

Mr. McClelland, I appreciate very much the feelings that prompted you to write to me about this. You did not have to, but you did. The `timing` of your response coincided with the UN`s discussion which also was boycotted by the Rudd Government. Your letter arrived when I was in Melbourne to discuss the racial issue through our current situation in Sri Lanka. (Appendices 1 & 2). In addition, the Australian Racial Discrimination Commissioner Mr. Tom Calma attending the Conference confirmed that the side of the victims of racial discrimination in Australia had stronger feelings than the side that has the responsibility to implement and work legislation to uphold the Truth. Our government was distracted by personalities instead of working the UN to deliver our consolidated value in terms of racism. This takes value away from the sorry` statement by the Rudd government. In other words, we are not yet really sorry are we? Actions spoke louder than words.`

Mr. McClelland, your current actions confirm that I was right about the need for Australia to recognize its weakness in terms of racism. I happened to recognize it before you because of my deeper investment in racial equality/national commonness as well as merit based assessment and judgment.

Similar karma happened in a big way at the University of NSW. I tried my best to get Senior Administrators to use the merit basis through which I was recognized most highly by the Faculty of Medicine. They tried to bully me and eventually I took action through Racial Discrimination law. I was arrested by NSW Police under `instructions` by the Vice Chancellor . There was no application of the principle of `presumption of innocence` until proven guilty. University Administrators abused the armed forces as if the armed forces were a part of themselves. Once we start using subjective powers, the lines of separation of powers start fading. This automatically removes the value of anti discrimination laws which recognize the existence of separation on the basis of physical factors. Through my Australian workplace experiences, I realized that discrimination was equally the problem of minorities who accepted without merit based calculations, the higher status of majority. To the extent this is based on need it is the right kind of acceptance. Beyond that it damages all concerned.

I myself ensured that my children had the professional and social foundations that I felt I was entitled to, before I moved to challenge the system through Due Process. I did not consciously plan this. It happened naturally. That`s karma. Likewise Tamils of my parents` generation accepted the higher subjective status of majority race. If they had drawn the line once their parental responsibilities were settled and shared their status and money with the disadvantaged by challenging the Public Administrators through Due Process not fearing defeat but registering their Truth we would have prevented the ethnic war in Sri Lanka. Likewise if migrants had followed Due Process through racial discrimination laws, we Australians would have prevented Terrorism fears in Australian minds. I warned Mr. Howard about this including by taking him to courts. I was not taken seriously enough by the Howard government or yours. But God takes me seriously because I am genuine.

It was through the Court of Natural Justice that God allowed the racial discrimination damage to `happen` at University of NSW through the Hall matter, and it continues at federal level through Indian students. When you address an issue through a genuine investor you address it at the Natural level. Then the system works naturally with least effort on your part. This is why we need subjective powers except that they ought not to be on the basis of race, disability, age, gender etc. Subjective powers are good and healthy when they are developed through common work to benefit the whole. It is important to preserve this component and not damage it through indiscriminate use of anti discrimination laws.

On the day I left for Sri Lanka this last time, I wrote to your department in relation to this issue. In my Report to the Community, I have written about this as follows:

While I waited at Singapore Airport, I thought of having a go at the internet facility to access my email. To my pleasant surprise, there was mail from Yogaranpan a quiet devotee of Yoga Swami who often showed in his own quiet way appreciation for my work for independence the last one being through my paper to the United Nations (Appendix 1). Yogaranpan was able to see value beyond the merit basis, due to our common faith in Yoga Swami. At our monthly prayer meeting on 02 May, Yogaranpan said that he would like to contribute towards the humanitarian services that I was seeking to provide to relief to the Internally Displaced Persons/IDPs. That was the parallel of our Government sending its contribution through the agencies that it trusted. Our Government`s trusted agencies included UNHCR and Red R Australia but did not include Australian Tamil Management Service or any other group that felt naturally with the IDPs. It was an `external` aid - which required our Government to `calculate` on merit basis as per independently observed `facts`.

Yogaranpan`s offer on the other hand was very internal through our common faith and faith based feelings. There are no calculations involved but mere confirmation of that common faith through which we were parts of One Subject which in this instance was Yoga Swami. One part of Yoga Swami was giving another part which was hurting badly. I was that medium through which that transfer happened. Later when I was distributing the funds I wrote to ask/inform Yogaranpan and he gently responded saying `Dear Gaja, I have no doubt whatsoever in that the fund would be made use of in the best possible manner. Thank you for spending it as Swamy directs you. Regards Yogaranpan`.

I melted at the realization that God`s Grace was helping me appreciate more and more the value of such common faith especially through Divine beings like Yoga Swami. It`s not easy to maintain such faith especially under such difficult circumstances where we tended to battle between our intellect and community influences.

The email from Yogaranpan confirmed his transfer of funds to our Australian Tamil Management Service. To me it was as if Yoga Swami was blessing me and the service I was providing through that trip to Sri Lanka.

Along with Yogaranpan`s email, I received also, an email from my Accountancy friend Pushpa Muthumala who served articles under Mr. Samy Pasupati, senior partner of M/s Satchithananda Schokman Wijeyeratne & Co Chartered Accountants (Now PricewaterhouseCoopers). Pushpa is a Sinhalese and our common faith was largely due to our professional training at our multicultural firm as well as Institute of Chartered Accountants. Pushpa had seen my name in the list sent by Professor Henry Sathananthan of Monash University, who was organizing the Medical Aid to the IDPs in Sri Lanka. Pushpa expressed support for my work and I felt supported by my profession, the way I felt supported by our Australian University system when Professor Sathananthan contacted me after my workshop in Melbourne during Australia Day weekend.

To me, they were forms through which my own investments in these institutions / professions was being returned to support me during my time of need. When it happens without conscious effort on my part, I know that it is due to our common faith which is Divine power and works beyond conscious calculations. Hence, when I went to Sri Lanka, I was taking these institutions/professions with me, to the extent of my ownership investment in them. Ownership investment is the work and sacrifice we make in the belief of common good of the institution/profession/community.

One who contributes most deeply to this common faith has the moral authority to determine the form in which subjective contribution are made and outcome produced through subjective power. In democracy it is the duty of every person to work out for her/himself as to who that subject is including her/himself in that assessment and appointment. This reduces the resources required for objectively verifiable merit based assessments.

Mr. McClelland, your government`s payment to Sr...