Noel Pearson's latest attempt to direct Aboriginal Affairs according to Noel Pearson and the conservative right

I have said it once, I have said it many times and I will say it again: The Commonwealth government of Australia does not have the constitutional right to pass laws for the Aboriginal Peoples and Torres Strait Islanders of this country, as though we are citizens.

Noel Pearson, uses his influence with the thieving conservatives

15 April 2015
[re article in The Australian 14 April 2015]

Ghillar, Michael Anderson, Convenor of the Sovereign Union, Head of State of the Euahlayi Republic and co-founder of the 1972 Aboriginal Embassy said from Uluru today:

The 'Recognise' proposal that is being floated now re constitutional recognition is an attempt to outrightly steal the Aboriginal Peoples and Torres Strait Islanders' sovereignty and patrimony without the truth being told.

I have said it once, I have said it many times and I will say it again: The Commonwealth government of Australia does not have the constitutional right to pass laws for the Aboriginal Peoples and Torres Strait Islanders of this country, as though we are citizens.

The referendum of 1967 merely deleted Section 127 of the Commonwealth of Australia constitution so that Aboriginal Peoples and Torres Strait Islanders could be included in the national census database, in order to determine Australia's population, and it removed the bar placed on the Commonwealth government to pass laws for Aboriginal Peoples in the colonial States. The nett result was that it took 'Aboriginal' out of the constitution altogether, so that nowhere in the constitution is there any authority for the Commonwealth government to pass laws for Aboriginal Peoples and Torres Strait Islanders.

Sir Robert Menzies was correct when he warned the parliament in 1965 that removing the word 'Aboriginal' would take Aboriginal people out of the Commonwealth legal system. He further advised the parliament that in the future the Commonwealth government would have to use the 'Race power' of section 51(xxvi) in order to pass laws specifically for Aboriginal Peoples and Torres Strait Islanders.

Noel Pearson launched some new 'reform' proposals concocted by two Jewish lawyers in 'The Australian' in May 2015. The authors were Julian Leeser from Melbourne and Damien Freeman from Sydney. The two lawyers got together and came up with a bunch of 'constitution reforms' and have founded an organisation called 'Uphold and Recognise', which Pearson has been promoting. No Aboriginal people apart from Noel Pearson was privy to this exercise that was designed to define the future of all First Nations and People on the continent. - Read More The Australian - Jewish News

From left: Julian Leeser, Noel Pearson and Damien Freeman. (The Australian)

SEE RELATED ARTICLE: Reparation needed before First Nations peoples can 'move on'

By looking at all Commonwealth laws made in relation to us since 1967, it will be seen that in the definition of the Act it specifies that the legislation relates to the Aboriginal and Torres Strait Islander 'race' of Australia.

The 'Recognise' proposal that is being floated now re constitutional recognition is an attempt to outrightly steal the Aboriginal Peoples and Torres Strait Islanders' sovereignty and patrimony without the truth being told.

The spin doctors are very clever at deceiving, not only Aboriginal Peoples and Torres Strait Islanders, but also the public at large. The grassroots Aboriginal and Torres Strait Islander Peoples throughout Australia have now made significant use of the modern communication tools and it will be through this that we will fight every step of the way against having our sovereignty and patrimony usurped. The public needs to support us to make sure that the rightwing colonialists do not create another lie that will take 200 hundred years for our grandchildren to unravel.

I am at a total loss at trying to understand where Noel Pearson is coming from with his ideas, which are all focused at assimilating our mob. When we look back at Noel's actions he did at least admit to a 'strategic blunder' by him and the Magnificent Seven in respect of leasehold land tenures extinguishing Aboriginal legal interests in land through out Australia. It was the Wik case that showed their ineptness in understanding the land law systems in Australia and their relationship to Aboriginal Law and custom.

Now Noel is singlehandedly trying to set the political and legal agenda for solving a dispute over 200 hundred years old. Noel appears to be confusing himself. On the one hand he wants to appease his rightwing counterparts by suggesting that a declaration be made separate from the constitution in order to gain bipartisan support, while failing to give us an idea of the possible wording for a declaration. The stupidity of this goes even deeper when we see the Labor opposition leader, Bill Shorten, he would always listen carefully to Noel Pearson – but what is he listening to?

Noel Pearson with Media Magnate Rupert Murdoch and Prime Minister Tony Abbott

At the same time Warren Mundine commented that Pearson's proposal was confusing and considered that a successful referendum thereafter could be kissed goodbye. Mark Leibler, co-chair of the expert panel, appears to have expressed concern and surprise at Noel Pearson's shift on constitutional recognition. Can we assume from Mark Leibler's statement that he, like Warren Mundine, can see a major division developing between the hardcore right of politics on this issue?

No matter which way the promoters of this Recognise campaign try to spin a falsehood they will fail because our grassroots Peoples are waking up to the extent of the deceit perpetrated against us and our communities. The true nature of the racism that exists in this country is so deep that every step that has been taken in the past to establish processes of sustainable economic, social and cultural practices, that would lead to total self-determination, were undermined by not just the Hawke Labor government. The Hawke leadership's shut down of Aboriginal and Torres Strait Islander self-determination was replicated by the Howard government, which, in the first six months, shut down 440 Aboriginal organisations across Australia through the fascist Commonwealth organisation called ORIC- Office of the Registry of Indigenous Corporations.

Noel Pearson and his cohorts, including his apparent opposite Warren Mundine, are trying to convince our people that their advice is for the betterment of our Peoples. Why then, we should ask, can they not convince the government to end the racist Northern Territory Intervention and stop the tyrannical government of Barnett in Western Australia from closing Aboriginal homeland communities?

Now they try and tell us that they are doing the right thing with this Recognise campaign. They can't even agree, it appears. They are troubled with what form it should take. Should it be only a symbolic preambular statement? Should there be a Charter of Aboriginal and Torres Strait Islander rights included? Should the omission from the constitution of the Race Power be included? Should a Bill of Rights be proposed as part of the constitutional reform? And no-one has been brave enough to even decide what possible wording the proposals will take, let alone dare mention the pre-existing and continuing sovereignty of Aboriginal Peoples and Torres Strait Islanders.

At least the High Court went part of the way to conclude that our Peoples' proprietary interest in land, under our Law and custom, survived the imposed British sovereignty. We have Australia's leading constitutional expert in George Williams saying on national television that Aboriginal Peoples have the right to 'just assert' their sovereignty. With this being the fact, there truly is a complicated truth that has to be dealt with beforehand.

Noel Pearson, Marcia Langton and Pat Dodson at their final constitutional meeting in 2011 - Three of the 'Magnificent Seven'. the government pets and self-acclaimed Aboriginal 'Leaders' who choose to serve the interests of the Crown and 'Big Business' over the aspirations and rightful place of First Nations people.

Noel Pearson at least acknowledges that the Recognise campaign is being successfully challenged and shadowed by the Aboriginal grassroots 'No' campaign, which promotes that sovereignty is the fundamental issue to be dealt with. It is truly the largest elephant in the room!