By a practitioner in Australia
The Victorian Civil and Administrative Tribunal (VCAT)
ordered the Melbourne City Council (MCC) to publish an open apology within 14
days in three Chinese newspapers – the Chinese Melbourne Daily, SingTao Daily
and The Australian Chinese Daily – and to pay the Falun Dafa Association’s legal
costs. This ruling marked the end of a year long legal case.
Last year, the Falun Dafa Association had been given permission to
participate in the annual Moomba Parade and was the first group to pass the
committee’s artistic evaluation. One month before the parade, however, the
Melbourne City Council, led by Mayor John So (who is of Chinese descent)
suddenly overturned their original decision based on Falun Gong’s alleged
“strong political associations.” As the local media commented,
“The long arms of Beijing have extended into Melbourne.”
On December 23 the Victorian Civil and Administrative Tribunal announced that
the Falun Dafa Association had won its legal case against the MCC’s refusal to
permit Falun Dafa’s participation in the March Moomba Waterfest Parade in
Victoria. The court ruled that the MCC had breached the Equal Opportunity Act of
1995 and ordered the MCC to issue a formal apology to the Falun Dafa
Association. The parties had not agreed, however, on how to proceed. Today’s
ruling agreed with Falun Dafa Association’s demand for an apology.
According to an April 7 document posted on the Victorian Civil and
Administrative Tribunal website www.vcat.vic.gov.au, the court ordered the MCC to make the following statement of apology:
“In February 2003 the Council excluded the Falun Dafa Association of
Victoria from participating in the 2003 Moomba Parade on the basis of its
political associations. The Council now acknowledges that the exclusion was in
contravention of the Equal Opportunity Act 1995 and it apologizes for this to
the Falun Dafa Association. The Council also expresses its regret as to any
trouble, inconvenience or damage to reputation that was caused to the
Association as a result of the exclusion and looks forward to a more positive
relationship with the Association in the future.”
Judge Bowman stated in the verdict, “The court has ruled that the MCC
had breached the Equal Opportunity Act 1995. The court has reached a decision
that the MCC treated Falun Dafa harshly, handled the situation poorly, and
caused Falun Dafa considerable inconvenience. Discriminatory behavior such as
this is even worse when it is so done by an arm of Government.”
Falun Dafa Association spokeswoman Ana Caterina Vereshaka said, “We are
pleased with the court’s ruling. However, why the MCC rejected our participation
in the parade is still a mystery to us. We are not a political organization, yet
the MCC accused us of being a political organization. They have not been able to
give a clear explanation on this issue.”
When asked if the discrimination against Falun Gong by the MCC was caused by
the Chinese Consulate’s propaganda, Ms. Vereshaka said, “Many of the facts
of the persecution against Falun Gong have been covered up. A lot of the cases
spread by the Chinese Government that slandered and defamed Falun Gong were
fabricated. The Chinese diplomats and embassies in overseas countries have
actively taken part in spreading these kinds of lies. Our federal and state
governments, local councils, and Chinese organizations have all received a lot
of this kind of anti-Falun-Gong propaganda.
Ms. Vereshaka thought that using various channels to rescue Falun Gong
practitioners’ family members, friends and fellow practitioners from cruel
torture and death has nothing to do with politics. It is simply to protect human
rights. Many governments and organizations have therefore offered their strong
support.
Many kind and honest people have assisted the Falun Dafa Association of
Victoria in this legal case. Senior Council Mr. Herman Borenstein, Attorney Mr.
Luke Brown from Holding Redlich Law Firm, and attorney Mr. Craig Dowing all
provided their services to the Falun Dafa Association free of charge.
Posting date: 16/April/2004
Original article date: 15/April/2004
Category: Australian News
