Sunday, February 12, 2012

"Australia"

There is no indigenous name for "Australia".
The "land" is given a name through experience of inhabiting it...


Treaty Republic 
[http://treatyrepublic.net/]

Flag of the People

The Government of Australia granted it Flag of Australia status, under the Flags Act 1953, by proclamation on 1995-07-14, but due to an "administrative oversight", the 1995 proclamation was not lodged and was almost identically replaced, on 2008-01-25, with a proclamation which says that the flag "is recognised as the flag of the Aboriginal peoples of Australia and a flag of significance to the Australian nation generally" and appointed "to be the flag of the Aboriginal peoples of Australia and to be known as the Australian Aboriginal Flag".
The flag was used for the motion-picture "Event Horizon" at the request of an actor who had been asked to design a patch for his costume, which is intended to portray the flag of Australia in the year 2047, fifty years after the film was completed:


Information from "Aboriginal Studies across the curriculum" [http://www.teachers.ash.org.au/wattle/abstuds1/flags.html]: The Aboriginal flag is divided  horizontally into equal halves of black (top) and red (bottom), with a yellow circle in the centre.  The black symbolises Aboriginal  people and the yellow represents the  sun, the constant renewer of life. Red depicts the earth and also represents ochre, which is used by Aboriginal  people in ceremonies. The flag - designed by Harold Thomas -- was first flown at Victoria  Square, Adelaide, on National  Aborigines' Day on 12 July 1971. It was used later at the Tent Embassy in  Canberra in 1972. Today the flag has been adopted by all  Aboriginal groups and is flown or displayed permanently at Aboriginal  centres throughout Australia.

Photograph from "Aboriginal and Torres Strait Islander Studies Unit" of the University of Queensland


"Aboriginal Hunting Practice Increases Animal Populations" [link]
2012-09-15 "Assange gets an Aboriginal passport" [link]

2012-02-26 "Aboriginal meetings across Australia to build national unity government"
[http://www.mathaba.net/news/?x=629943]
Michael Anderson has announced a plan to visit Aboriginal people all over the country with the aim of forming a national unity government to be known as the 'Sovereign Union'. He says it's one of the outcomes of its 40th anniversary corroboree from 26 to 28 January.
"My people do not have a standing army, police or courts but these and many other administrative decisions will be discussed. How our people choose to proceed will be a matter for each of them based on a national consensus". he said.
---
Goodooga, northwest NSW, 17 February 2012 -
After having had talks with international and constitutional lawyers, I will now travel and talk with Aboriginal people all over the country. Our objective is to form a National Unity Government to be known as the 'Sovereign Union'.
We will commence formal talks when I meet with delegates of 45 Aboriginal nations from across the Murray Darling Basin at the end of this month in Canberra. I will then travel to Western Australia to meet with representatives of the Nyoongar Nation and others who are in the process of organizing their delegates in Perth.
Other meetings are now being organized all over the country. Given that the National Unity Government is now raising funds, I will be able to have governance meetings with Aboriginal people wherever and whenever they seek to join and become part of this National Unity Government.
I will also be looking at having talks with non-Aboriginal people so as to explain what this new National Unity Government is all about. I hope that the non-Aboriginal people will join in with us to establish this National Unity Government. The national Unity Government will work towards making Australia an independent republic, totally separate from England, as we are now mature enough to stand alone amongst the nations of the world.
Included in these discussions will be the finalization of an independent constitution that will set up the independent republican state.
My people do not have a standing army, police or courts but these and many other administrative decisions will be discussed. How our people choose to proceed will be a matter for each of them based on a national consensus.
Change will happen because it is our time as a People. This is what was talked about and felt at the 40th anniversary of the Aboriginal Embassy.
We have been lied to, cheated, deceived and imprisoned just because we were Aboriginal people, all in the name of 'protection'. We have been kept in a welfare state and refused economic development enabling us to become financially independent.
Many of our people are now asking, 'how do we change our circumstances' and the simple answer to this is England never claimed sovereignty or dominion over us, our lands and/or our natural resources. We will take all action necessary to have our sovereign claims recognized domestically and internationally. This will not be easy but we will take all action necessary to make our objectives a reality.
We will be looking at legal ways forward to stop future mining on or within our lands and if our wishes are not taken into consideration we will take whatever action is most effective to have the multi-nationals stopped. Moreover, we intend to challenge any future considerations by the current Australian governments, be they State, Territory and/or Federal on matters that affect our people.
Aboriginal Nations who become part of the National Unity Government will be encouraged to challenge, within the domestic courts of the invader society to seek a declaration by them confirming that our sovereignty cannot be dealt with within their jurisdiction. This will in turn show to the non-Aboriginal Australians that the Australian governments have for all these years deceived them. England is complicit in this deception and will be held liable by my People for their failure to uphold their own laws that were established in the 1875 amendment to the 1872 Pacific Islanders Protection Act.
One of the National Unity Government's priorities is to enter into a non-aggression 'pact' with all the State and Territory Governments in Australia to prevent use of force against our people by their police authorities, who are terrorizing our youth and communities throughout Australia.
The interim National Unity Government will seek to hold talks with all Australian governments and the English parliament to locate an amicable solution to what is now a stalemate.
At present we have many sovereign societies occupying a single land mass and if solutions are not located then it can only lead to confrontation which will not be good for anyone.
If we are prepared to negotiate in good faith then solutions will be found, but if the governments fail to see merit in this, we will find ourselves in conflict, in which case the National Unity Government will make submissions to the United Nations for assistance.
Contact: Michael Anderson 0427 292 492 - 02 68296355 - ghillar29@gmail.com


2011-12-15 "Who deleted the phrase 'her heirs and successors'?" by Michael Anderson
[http://treatyrepublic.net/content/who-deleted-phrase-her-heirs-and-successors]
From Japan - en route from London to Sydney -
Having attended the Office of Parliamentary Counsel in Whitehall, I am shocked after locating the official record of the original Pacific Islanders Protection Act 1875, the one that was actually passed in the UK Parliament at that time.
The Pacific Islander Protection Act 1875 that has been bandied around on the internet and other places has been doctored by a person or persons unknown. It is clear that someone did not want the real Act circulating.
The Pacific Islander Protection Act 1875 that has been circulating in Australia is without a vitally important key phrase of the Order in Council. The archived Pacific Islander Protection Act 1875 in London at Whitehall states at section 7:
7. Nothing herein or in any such Order in Council contained shall extend or be construed to extend to invest Her Majesty, her heirs and successors, with any claim or title whatsoever to dominion or sovereignty over any such islands or places as aforesaid, or to derogate from the rights of the tribes, or people inhabiting such islands or places, or of chiefs or rulers thereof, to such sovereignty or dominion, and a copy of every such Order in Council shall be laid before each House of Parliament within thirty days after the issue thereof, unless Parliament shall not be in session, in which case a copy shall be laid before each House of Parliament within thirty days after the commencement of the next ensuing session. [emphasis added]
I now have a photocopy from the archival records of the original Act as passed by the UK Parliament. It is clear that the deliberate exclusion of 'her heirs and successors' from that which has been circulating in Australia is tantamount to an Act of Treason, interfering with an act of the ruling State, that being at the time the UK Parliament.
Our advice in London is clear. The intentions of the UK Parliament and the Order in Council is beyond doubt in its intent and purpose to commit the heirs and successors to uphold this law as part of the Australian colonial law.
What is left for us, as Aboriginal Peoples, to do is to now is to challenge the right of the State and Federal Parliaments to usurp the land that had not been occupied by 1875, as this law recognized our title and dominion to those lands, waters and natural resources therein. It is not possible at all, based on this law that became part of the common law of England, for any Parliament in Australia, from 1875 onwards, to claim any title to land without receiving free prior and informed consent and to compensate, if the people agreed to give up their land. Knowing this was never done, creates a legal battle ground for all Governments within Australia.
This and many other topics will be the centrepieces for discussion at the 40th anniversary of the Aboriginal Embassy in Canberra on 26 January 2012. It is important for every Aboriginal person, who wishes to have a say in our future as sovereign Peoples, to make every effort to attend the Embassy for the three days from 26-28 January 2012.
I know that there will be those amongst our people who may find these recent revelations hard to believe. The trip to London was for one purpose only and that was to have talks with politicians and to locate the original documents that came from the UK Parliament. I have found them and the discussions with the Parliamentarians confirm that as law-makers themselves, now presiding in the UK Parliament, an Order in Council supported by an Act is law and given that all the colonial laws of Australia came from England, so too did the intention of the Pacific Islanders Protection Act become law within the Australasian colonies, which were identified in the principal Act, that being the 1872 Pacific Islanders Protection Act.
As far as the English are concerned this remains law within Australia. This is confirmed from the Statute Law (Repeals) Act 1986 where there was a saving clause in the entitlements to the Act at Chapter 12:
2. (4) Subject to subsection (3) above [ i.e. the Dentists Act 1878 and the Medical Act 1886] this Act does not repeal any enactment so far as the enactment forms part of the law of a country outside the British Isles; but Her Majesty may by Order in Council provide that the repeal of this Act of any enactment specified in the Order shall on a date so specified extend to any colony.
In pursuing this whilst in London, it does become clear that no such Order in Council has been given by the ruling Monarch, Elizabeth II, in which case the law of our dominion and sovereignty is affirmed to this day.
The Australia Act of 1986 entrenches, by the Colonial Law Validity Act, the recognition and acceptance of Aboriginal sovereignty and dominion over our Peoples and places.
Finally, Australia must now accept that this will be the case well into the future if they refuse to negotiate with us in a Peace Accord or Treaty under international supervision, after which time Australia can become a true union of diverse sovereign nations through a peaceful process of transformative justice.
Contact: Michael Anderson ghillar29@gmail.com
 Michael will be back in Australia 8.30am Friday 16 December on 0427 292 492




2011-11-03 "Asserting Aboriginal Sovereignty into Governance"
[http://treatyrepublic.net/content/asserting-aboriginal-sovereignty-governance]
Message to our Aboriginal Leaders and authorized 'Lore' people of our Aboriginal Nations.
Aboriginal Sovereignty is official recognition of already existing first Nations Peoples (Aboriginal People) cultural and land connection. The recognition recognizes the right for Governance of one's own affairs.
"It is important to understand how in Aboriginal society one nation cannot speak for another" (Anderson, Michael. 2011)
Aboriginal Nations Govern their own affairs and land management for their Nation.
An Aboriginal Sovereign Governance would be the amalgamation of all Nations being a Unified stance and therefore a 'Union'. Title for the amalgamation of Nations Union could be 'Aboriginal Sovereign Union', 'Australian Sovereign Union' (since Australia is our's legally) or other name offered. SUANPA (Sovereign Union Aboriginal Nations and Peoples in Australia) was used to represent our issues in the United Nations.
An Aboriginal Sovereign Governance would be all Nations joining as one with designated official and authorised 'lore' people from each nation holding a seat or position.
An Aboriginal Sovereignty Governance would be representatives from the 46 identified linguistic groups covering 500 nations amalgamating a voice for communication from one sovereign nation to another. This model was created by elders across Australia from various nations after extensive research for a governance body (N.A.C.C.) in the 1970's. vote
An Aboriginal Sovereign Governance could be a voice to communicate with Sovereign Nations overseas or the other existing Sovereign Nation in Australia, The Australian Government in which we understand with proof to be an Illegal Sovereign stance. Illegal or not it is still another Nation of Citizens living in Australia claiming their own Sovereign Stance for 223 years.
With Aboriginal Sovereignty Asserted Australia would have 2 known Sovereign stances needing a 'Treaty' in modern terms or 'Peace Accord' (agreement). The Torres Strait Islander Community a likely candidate for a 3rd Sovereign Stance under Australian Borders. Making Australia 'Multi Sovereign Nations' rather than 'Plural Sovereign Nations'. In the case where individual nations assert their Independent Sovereign stance also makes Australia 'Multi Sovereign Nations'.
 Uniting as one gives Aboriginal people the first Nations people a position of power never asserted before.
Other Countries across the world have 'Multi Sovereign Nations' co existing together in a functional manner.
A call out to all Nations 'Lore' representatives to assert your own Nations Governance and amalgamate with other Nations to form a representatives Governance for Aboriginal People in Australia.
A swifter move for a 'Aboriginal Sovereign Stance' by uniting and supporting those Nations who may be needing support due to assimilation and genocidal practice's in their homelands.
If we don't take our Sovereign Stance now we could lose our rights forever on landrights and our rights to protect our children and future generations.
 We don't have a voice at the moment and we need unity and a unified stance. We need to have quality of life not just life where Suicide has reached highest proportions.
This is not a National Indigenous Congress NIC (government controlled) movement but an independent Aboriginal Grassroots Sovereignty movement without a budget.
 We need our communities to 'self finance' at least one representative for their nation to attend the Aboriginal Tent Embassy on the 26th January 2012 due to our people having no finance for this.
It is a human right to have our Sovereign stance recognised.
Aboriginal Sovereignty is a legal Right under International Law.
A picture diagram is an example of how the Nations Governance can work. Please spread the word to all communities and all representative 'Lore' people. Thank you.

Suggestion only ... Governance Model: The 4 outer circles represents the 4 winds north south east and west. Each circle has 11 language groups and all up 44 language groups. There are 46 language groups representing 500 nations but could have 2 small groups join neighbouring language group? the 4 lines are 4 reps coming in to make executive governance being 12 all up: 11 active and one chair or spokes person or facilitator etc.


FYI:
"1975, the international Court of Justice confirmed in the Western Sahara Case that, where an indigenous people exercise a traditional use of passage and/or, a usufructuary right, that land cannot be regarded as Terra Nullius, - land belonging to no-one." (Gilbert. K . 1987 p 28)
 " ... the ancestral tie between the land, or 'mother nature', and the man who was born therefrom, remains attached thereto, and must one day return thither to be united with his ancestors. This link is the basis of the ownership of the soil, or better, of sovereignty ... " (Western Sahara Advisory Opinion. 1975)

For Leaders needing further info:
Michael Anderson
0427 292 492
ngurampaa@bigpond.com
Aboriginal Sovereignty Governance Specialist Adviser


[http://www.creativespirits.info/aboriginalculture/land/native-title.html]
Indigenous Land Use Agreements (ILUAs) -
Map of Indigenous Land Use Agreements in Australia in 2010 [19]. Both titleholders and pastoral station owners jointly manage these areas. The number of ILUAs has increased over the years. Note though the absence of any major areas in NSW.

Indigenous Land Use Agreements deal with practical issues of co-existence between native titleholders and pastoral stations. Introduced in 1998, they reflect the parties' aspirations for a positive future as co-users of areas of land or waters.
ILUAs do not require parties to litigate in court and can be made before or after determinations of native title.
The first ILUA was registered in 1999 between Adelong Consolidated Gold Mines NL, the NSW Aboriginal Land Council and representatives of the Walgalu and Wiradjuri people in the Tumut and Adelong area of NSW [49]. Just 6 ILUAs were registered by April 2000, 364 ILUAs had been made by mid-2009, and 421 by April 2010. They cover over 14% of Australia's land mass and parts of the sea below the high water mark.
In South Australia, ILUAs are sometimes negotiated and finalised before native title is determined, making the claim process "the beginning of a new and productive relationship" between the parties and the land [23].
Joint management of land covered by an ILUA is about traditional owners and other stakeholders, such as pastoral station owners or the Parks and Wildlife Service, working together to achieve their shared goals and aspirations, exchanging their knowledge and expertise, solving problems and sharing decisions. In doing so they create jobs and training for Aboriginal people, empowering them to more financial independence while they live and work on their country.
ILUAs have been made about such things as exploration and mining, land access, the management of national parks and reserves and infrastructure development [46].
"[Joint management is] about caring for our land and preserving the sacred sites and stories for generations to come.  —Wali Wunungmurra, Chairman, Northern Land Council [17]

Indigenous Protected Areas (IPAs) -
An Indigenous Protected Area is an area of Aboriginal-owned land or sea where traditional owners have entered into an agreement with the Australian government to promote cultural resource conservation and biodiversity.
IPAs provide Aboriginal people with the opportunity to look after their country in their own way, while creating jobs and economic benefits for their communities and protect the environment.
“Before native title we knew that we owned the country, but nobody else recognised that. As part of the native title process we have developed a good relationship with the pastoralists so that in the future we can both look after the country together." —Janet Stewart, Nyangumarta Elder, Western Australia [24]

Native Title Representative Bodies (NTRBs) -
* conduct native title cases (case studies),
* negotiate commercial agreements and
* try to identify traditional owning groups.
Usually this research is conducted before any native title applications are made.
With the Native Title Act Indigenous people won the right to negotiate, but not veto, developments on native title lands. When native title is granted, claimants are required by law to set up a Prescribed Bodies Corporate (PBC) to manage their native title interests. They receive no direct government funding and many lack the resources to work properly [48].
The Mabo decision and the Native Title Act left unresolved the issues of native title on pastoral leases and native title to the seas.


Runoko Rashidi  BLACK POWER SALUTES WITH THE ABORIGINAL MAYOR OF YARRABAH, QUEENSLAND, AUSTRALIA AND MY SISTER GRACELYN SMALLWOOD--QUEEN OF ABORIGINAL AUSTRALIA. WE ARE IN THE ABORIGINAL COMMUNITY OF YARRABAH IN OCTOBER 2008.


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