Documents and Papers

Historical Background to the NAIDOC 2019 Theme: ‘Voice, Treaty, Truth’

Historical Background to the NAIDOC 2019 Theme: ‘Voice, Treaty, Truth’

Our greatest fear is not whether we negotiate a Treaty, but the forcing through of the Recognition campaign for inclusion in the colonial Constitution. Ghillar, Michael Anderson, provides an historical insight into the NAIDOC 2019 theme ‘Voice, Treaty, Truth’, which reveals that each time First Nations Sovereignty rises up too powerfully it is suppressed in favour of the ‘trip wire to assimilation’. The ‘Voice’, of the NAC was shafted in 1984; the NAC ‘Treaty’ framework was dismantled and ‘Truth’ has barely been heard yet. Read more about Historical Background to the NAIDOC 2019 Theme: ‘Voice, Treaty, Truth’

No treaty or contract is valid if the parties are at war

Rules of Treaty and War

Under international law and domestic contractual law - no treaty or contract can be classified as legal if we are under the 'rules and disciplines of war'. If our First Nations Peoples are not fully aware of these facts, then any contract entered into, treaty or otherwise, can be argued to be invalid. It is imperative that we as First Nations People know all the wrongdoings, so as to ensure that we have a clear understanding of our legal rights now and going forward. We will be making the call, not the colonists. Our rights, our future - never forget it. Read more about No treaty or contract is valid if the parties are at war

Academic Paper argues that First Nations communal allodial land title cannot be extinguished by fraud

Academic Paper argues that First Nations laws of the land still exist

Australian governments want courts, constituted overwhelmingly by non-indigenous lawyers, to decide land disputes as for feudal socage.

This article puts up an argument that Australian indigenous land title is communal allodial title, as a bundle of subsisting rights by operation of Australian Continental Common Law, which therefore cannot be extinguished by the fraud inherent in frame transformation. Read more about Academic Paper argues that First Nations communal allodial land title cannot be extinguished by fraud

Federated Colonies of Australia – A Failed State

Cook - terra nullius

'Australia is not a nation formed under the customary international law. The Aboriginal Nations, however, were formed properly under that ancient system. Australia is an administratively formed country by the United Nations, designed to give Britain more votes in the General Assembly. In the light of Australia’s non-conformance with UN Human Rights Treaties and Conventions, it is reasonable to hold that this administrative creation of the Nation of Australia is a failure, and Australia is a true failed state'. Read more about Federated Colonies of Australia – A Failed State

Complexity of Treaty and Treaties

Understanding the difference between sovereign treaties under international law, which affirm sovereignty of First Nations, and domestic treaties within the colonial system, which automatically mean First Nations cede sovereignty.

Ghillar, Michael Anderson presents a set of 4 videos to explain the complexities and traps when entering into a Treaty with the Australian government and/or the British Crown. Read more about Complexity of Treaty and Treaties

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