Sovereign Union's brief submission to the 'Senate Legal and Constitutional Affairs Committee', which was written in much haste, as the notice impending was extremely limited and many First Nations groups would have not have been aware of the proposed changes to the Native Title Act (Indigenous Land Use Agreements - ILUAs) amendment. The amendment was rushed into the Senate by Attorney-general Brandis on behalf of the extractive industries, which are panicking because many of the ILUAs have been ruled invalid because not all the Native Title applicants had signed them [see McGlade v Native Title Registrar 2017] .
Many of those groups who were possibly informed would not have had the resources to provide a written presentation, whilst others who use oral communication in their own language as their principal communication method completely obliterated from any form of action on something highly significant on matters relating to their country and culture.
Federal Court full bench decision on WA Indigenous Land Use Agreement has nationwide ramifications ABC News
Brandis moves to give Adani mine certainty after federal court ruling on native title Green Left Weekly
Block Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 Sovereign Union Media Release
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 [Provisions] Parliament of Australia
Asserting Australia's First Nations Sovereignty into Governance
Senate Legal and Constitutional Affairs Committee
PO Box 6100
Canberra ACT 2600
Phone: +61 2 6277 3560
Fax: +61 2 6277 5794
3 March 2017
In short, the opposing position of the Sovereign Union with respect to the recently proposed amendments to the Native Title Act (Indigenous Land Use Agreements) is one based on the Federal Government’s attempt to create a dictatorial approach to decision-making with respect to Aboriginal Peoples.
There is more than sufficient evidence in the written works of the ethnographers and anthropologists, along with submissions from Native Title claimants, that indicates that under Aboriginal Law and culture one clan/tribe/People cannot speak for another People’s/clan’s/tribe’s lands and waters.
The conflict, division and dysfunction that exist in Aboriginal communities today have their foundations in the so-called Westminster system of government. Unlike England and Europe, our Peoples did not fight for supremacy over others and thereby establish kingdoms by way of force as has been in the case in Europe and England during the medieval periods. Past government policies of forcibly removing Aboriginal Peoples from their Homelands to government controlled detention centres, in the guise of government and church mission stations, has caused all the dysfunction that we are now dealing with.
These proposed amendments to the Native Title Act will only serve to create greater marginalisation and increased conflict between the clans and Peoples of many First Nations.
In this respect these proposed amendments are a direct violation of our Human Right, our right to be self-determining and is in direct violation of our own First Nations Law and decision-making. These proposed amendments clearly demonstrate the government’s total disregard for Aboriginal Law and culture, which are themselves part of the common law of Australia and which cannot be legislated away or against.
It is our wish to facilitate oral submissions by Elders and Senior Lawmen and Law women from different parts of this island continent to give evidence in respect to (customary) Law decision-making.
Many of these Elders and Senior Lawmen and Law women do not have the educational prowess to articulate their opposition to these proposals by way of written submissions, thus our request for oral submissions.
There will be twelve interveners from different parts of the continent, who seek to be heard.
We look forward to your reply,
Ghillar, Michael Anderson
Convenor of Sovereign Union of First Nations and Peoples in Australia
and Head of State of the Euahlayi Peoples Republic
Mogila Station, Goodooga NSW 2838
firstname.lastname@example.org 0499 080 660, www.sovereignunion.mobi