Time for First Nations and Peoples to pick up the pace for 'Decolonisation'

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Paul Foelsche, Dr Stirling, alligator shooting, Daly River, 1891

Ghillar Michael Anderson (London) 4 October 2016

It is time to pick up the pace for decolonisation for First Nations Peoples in Australia. We need to break away from Australia's constant lies and deceit in respect to their illegitimacy in this country. ... Our London preparatory meeting is to establish an international framework that will be spread far and wide for those First Nations Peoples who have been impacted upon by the British imperialist expansion from 14th century onwards.

It is our time to liberate ourselves and it is our right to be free and independent in our own land.

"It is time to pick up the pace for decolonisation for First Nations Peoples in Australia. We need to break away from Australia's constant lies and deceit in respect to their illegitimacy in this country.

The peddling of the Recognise campaign is not an Australian government initiative. It is in fact a demand from the United Nations dating back to 2011, when Australia was criticised by the Human Rights Commission for their lack of progression in respect of addressing the 'Aboriginal problem' as perceived by the Australian government.

The United Nations Human Rights Commission's response to Australia's periodic review in 2011 brought up a number of issues that Australia needs to address. The most significant issues were:

1. Recognition relationship
2. Same sex marriages
3. Completely independent reviews of complaints by Aboriginal people against police and other law enforcement agencies e.g. prisons
4. Refugees
5. Children and domestic violence
6. Other matters

Photo: NT - Paul Foelsche c1890's (1831 - 1914) Born in Moorburg, Hanover, Germany About Foelsche Wikipedia

The matter that I wish to focus on in this statement is the "Recognition relationship". Clearly, the Sovereign Union's numerous reports that have been forwarded to the UN in the last three years (and before that) have had a significant impact, in terms of announcing Australia"s wrong doings, both past and present. The Recognition relationship is indeed an interesting one. It is very clear that the United Nations study of Australia's relationship with First Nations and Peoples demonstrates two key factors.

Frances Forbes (1784 – 8 November 1841), a Chief Justice of the Supreme Court of Newfoundland, and the first Chief Justice of the Supreme Court of New South Wales.

(Artist Unknown State Library of NSW)

First, the First Nations and Peoples in Australia are not, and have never been, British subjects nor Australian citizens. Any review of Australia's citizenship and the status of British subjects will show that First Nations and Peoples in Australia have at no time been made subjects of the kings or queen of England by way of Letters Patent or Orders in-Council, stating that the kings or queens of Britain recognise us as part of the monarch's realm and/or dominions. Early records show by way of legislation that First Nations Peoples within Australia have always been classified as 'aliens' under State protection laws.

This mistake was realised very early when Chief Justice Forbes of the NSW Supreme Court was unable to locate any legal precedents and concluded that, if the 'natives' of were to be offered the protection of English law, surely they must be subject to the English law, but this decision is without any sound legal basis.
Reference: [ http://nationalunitygovernment.org/content/anderson-unite-common-cause-d... ]
Reference: [ http://nationalunitygovernment.org/content/anzac-legend-reality-non-abor... ]

In this regard the United Nations clearly understands the concerns of Kim Beasley Snr MP and Sir Robert Menzies, former conservative PM of Australia, when Beasley said:

... For heaven's sake, if we in this Australian Parliament cannot guarantee citizenship, let us accept the fact that our Constitution acknowledges only the status of subjects of the Queen and that, no matter how many acts of Parliament we pass, we cannot reach into the States and create any form of meaningful citizenship. Until placitum (xxvi.) of section 51 of the Constitution is amended, Aborigines can have no effective Australian citizenship.

Reference: [ http://nationalunitygovernment.org/content/governments-attempting-counte... ]

In actual fact it addresses Sir Robert Menzies' concern when he debated in the 1965 Parliament that if you take the word 'Aboriginal' out of the constitution the Aboriginal people will be outside of the Australian legal and political system. He then went on to suggest with words to the effect: This parliament, when making laws for Aboriginal and Torres Strait Islander people will have to use the Race Power section 51(26) to legislate for them, as they are independent Peoples who are foreign to our legal and political system. This can be confirmed by looking at all the early legislation soon after Federation that determined that Aboriginal and Torres Strait Islander Peoples were indeed aliens and not citizens.
Reference: [ http://nationalunitygovernment.org/content/governments-attempting-counte... ]

Photo: NT - Paul Foelsche c1890's (1831 - 1914) Born in Moorburg, Hanover, Germany About Foelsche Wikipedia

The United Nations is only too familiar with the practices of colonial regimes that continue to hide behind their colonial history, when they falsely pretend that their actions are legitimate.

Now it is interesting to see Australia's incompetency and their resolve to conceal the illegalities that now exist, knowing full well that all that has been done in Australia is without solid legal foundation and/or precedent. The Mabo (No. 2) judgment showed Australia what was wrong but governments still refused to address the issues one by one, such is their lack of confidence in being able to hold onto power without First Nations' engagement in the decision-making in this country.

The High Court of Australia recognises that First Nations' Law and customs establish a continental common law for this country, the common Law that underpins the British assertion of sovereignty. In the political and legal world Australia, by definition, is regarded as a foreign power in occupation of other Nations' and Peoples' Lands, waters, natural resources and airspace; position they hold on to by superior force and the laws of tyranny and act against First Nations with impunity. It is an insufficient solution for the Australian political parties to now argue that they have 'Aborigines' as members, who now represent that political party in parliamentary offices and positions.

These people do NOT have an Aboriginal/First Nations mandate. They were elected to serve the mandate of the political party of which they are a member, and to serve the interests of that political party's policies. They are NOT representatives of their own First Nations and are MPs in the broadest sense and are elected by the mainstream mainly non-Aboriginal vote.

Their presence in the colonial parliament does NOT erode the rights and status of First Nations' pre-existing and continuing inherent sovereign rights. It does not matter how many First Nations people become MPs in the Westminster parliamentary system in Australia, because they will not and cannot undermine the Continental Common Law held by First Nations under our Law and culture across this continent.

This Continental Common Law of Australia, known in some parts of Australia as the Law of the Dreaming, can only be taken or given away by defeat in war, in which case a peace treaty/pact will have to be signed with each Nation and until that peace treaty /pact is put in place ' the laws of the ancient kingdom remain'. The other way is by the First Nations ceding all that they have and own under their Law and custom to the new invader or occupier State on conditions agreed upon by the parties concerned. If neither of these two methods is used then our First Nations remain independent of the colonial occupier State and its Laws, which is our position today and has resulted in increasing numbers of Unilateral Declarations of Independence (UDIs) by First Nations.

The tyrannical acts that we are subjected to in the present day are indeed equivalent to acts of war, without any declaration of war, and are classified as internationally recognised wrongful acts. The brutality and excessive over policing and continued subjugation by the Australian States are gross acts of aggression against our Peoples. Our Peoples' inability to defend themselves is due to the fact that our Peoples have never been made fully familiar with a) their rights and b) the definition of tyranny and subjugation, oppression and occupation by a superior force. Our Peoples are ruled by a policy of 'better to have them fear you than to love you.'

Photo: NT - Paul Foelsche c1890's (1831 - 1914) Born in Moorburg, Hanover, Germany About Foelsche Wikipedia

My trip to London is a step towards defining an international pathway to decolonisation, reparations, self-determination and governance.

The international alliances that are now being forged by the Sovereign Union will bring meaningful recovery frameworks for the purpose of establishing First Nations' independence, cultural cohesion, governance and economic independence.

On 20 September 2016 we heard Andrew Bolt express on ABC TV Recognition: Yes or No?
what the conservatives in Australia fear most is the assertion of First Nations' sovereignty and their right to be independent and free from this colonial tyranny we now call Australia.

Our London preparatory meeting is to establish an international framework that will be spread far and wide for those First Nations Peoples who have been impacted upon by the British imperialist expansion from 14th century onwards. It is our time to liberate ourselves. This is not a time to be led by promises of money, status or position in the dominant society's regime. This is about us, our Peoples and our right to be free and independent in our own land."

Photo: NT - Paul Foelsche c1890's (1831 - 1914) Born in Moorburg, Hanover, Germany About Foelsche Wikipedia

'Dare to be wise' - Decolonisation  Go to page |  PDF Download (5.36 MB)

Decolonisation underpins the Sovereign Treaties processes in contrast to 'Recognise' which fosters assimilation. An Essay by Ghillar Michael Anderson, personally handed to the UN