An international and decolonisation perspective on the Treaty of Union of Sovereign First Nations of the Northern Murray Darling Basin.
Ghillar, Michael Anderson 17 May 2017
Having now returned to Country, Ghillar, Michael Anderson met with senior members of Euahlayi and Western Gomeroi and has discussed in detail the signing of the Treaty of Union of Sovereign First Nations of the Northern Murray Darling Basin. www.nban.org.au/treaty
"It is important to understand that the signing of the Treaty of Union of Sovereign First Nations of the Northern Murray Darling Basin creates a new pathway in Aboriginal politics, which establishes the future foundation that will see us as Sovereign Independent Nations. The Assembly of Sovereign First Nations of the Northern Murray Darling Basin is a first step. It will not just see us achieve self-determination and independence, but will implant within the political system of the Nation, that is now called Australia, a new way for First Nations to achieve political and legal equity with our invader and occupying state, known as the Federation of colonies of Australia, which, under international law, has itself not fully achieved true political and legal independence from its mother state, Britain.
Whilst we may acknowledge that Australia has been listed on the revised decolonisation agenda of the United Nations, it does not necessarily mean that Australia is to be decolonised from within, that is, it is not necessarily referring to the liberation of First Nations/Aboriginal and Torres Strait Islander Nations, but rather the United Nations seeks to have Australia decolonised from Britain, so as to become a republic in its own right, with its own Head of State and not a foreign Head of State as is the current situation.
The level of politics that we are now to compete with is beyond the scope and understanding of many. The reality is that Australia is moving in the direction to decolonise itself from Britain without the public being truly aware of this agenda. The complication that prevents this ambition being realised is the fact that the colonialists got it wrong right from the outset and it has now taken 229 years for that realisation to become known. Australia cannot truly achieve independence from Britain without acknowledging and including First Nations Peoples into their mainstream political structure. Without including First Nation Peoples, the original inhabitants, Australia cannot become a legitimate independent republic, because they do not have the attachment to the land, nor have they engaged in the continental common Law that belongs to the First Nations Peoples, not have thay engaged in setting a relationship.
The complexities of this are beyond the understanding of many, often because the clear information is not available. Having said this, there are those who have natural intuitions that alert them to the fact that there is a major political shift that is emerging, but do not fully understand what it is and the power behind it. This level of sensitivity is correct, but can be misguided and mistaken if not fully aware of the processes and procedures that must be adopted.
Unfortunately it is a political cat and mouse game, but what is challenging is to understand how this system works and the nature of the politics that must be observed and pursued.
Non-Aboriginal Australia is not aware, and has never been made aware, of the true nature of politics being played out in Australia at present. Prime Minister Turnbull is truly misrepresenting the nature of his Prime Ministership, when he admits to the fact that his government would not make any moves for Australia to become a republic, while HRH Elizabeth II remains in her position as the British monarch and 'Queen of Australia'. He has not made it public of what his intentions will be when HRH Elizabeth II abdicates her position and thus transfers power to her heir.
In the meantime it is very clear that he does have ambitions to make Australia a Republic, as evidenced by his past track record and the fact that he has been engaging in a process with people such as James Packer, who has committed himself to working towards achieving independence as a republic.
For the UN Member State known as Australia to truly achieve self-determination and total independence from the motherland, Britain, Prime Minister Turnbull and his advisors know full well that they cannot be truly independent under international law, if they fail to respect First Nations' sovereignty, the sovereignty of the first inhabitants. To fail in this Australia can never have a legitimacy in the family of Nations, thus the absolute imperative for the Referendum Council to manipulate consent and coerce First Nations Peoples to agree to be included in the existing Australian constitution.
For us, pre-existing and continuing sovereign First Nations, to avoid acquiescence, we have to assert our sovereignty as First Nations.
Our aspiration and pathway is that we are not absorbed into the illegally occupying colonial power, but that it must be enshrined that there are multiple sovereignties that can peacefully co-exist on this island continent.
The Aboriginal people who are currently actively engaged in this process are either ignorant of the true nature of the political and legal agenda being played out, or are complicit in an act that will completely destroy First Nations' sovereignty.
We cannot in any way consent to the proposed agendas currently being played out by the Referendum Council and the Recognise campaign.
The angst and bitter tirades of false and misleading accusations currently being circulated widely in the social media link directly to fear, however, it also represents another ugly face of colonialism, which seeks to create destruction and to maintain division and dysfunction.
To argue that First Nations should treaty amongst themselves and acknowledge their continuing sovereign independence under their Law, Culture and custom creates a fear of enormous proportions within the establishment of the occupying power.
What has been achieved by the recent Treaty of Union of Sovereign First Nations of the Northern Murray Darling Basin goes beyond the political understanding of many. It is a process of decolonisation and establishes acknowledgement of a Union of First Nations Peoples in accordance with their Law, culture and custom under their own Law, culture and custom. This Treaty is not what the occupying power wants and at the same time knows that they cannot stop it. For those who are not familiar with this type of politics it must be understood that through this Treaty of Union the sovereign First Nations of the Murray Darling have by way of this Treaty wiped out the border of New South Wales and Queensland.
This Treaty of Union of Sovereign First Nations of the Northern Murray Darling Basin creates for the First Nations a new Federation and a new governing authority in accordance with First Nations Law, culture and customs, through which they now seek to increase their capacity to govern. This governance will take the form of First Nations States establishing new rules of governance, that is to say that if the occupying powers fail to seek agreement on any matters that will impact upon our rights in respect of the lands, waters and natural resources they will be in complete violation of our rights as has been affirmed in the Mabo High Court judgement. Under the Treaty of Union Native Title is of no consequence and anything that impacts on our Law, culture and customs will be challenged.
The fact that our Law and culture survived British sovereignty denies any and all colonial governments from making laws that may impact upon our rights under our continental common law, in accordance with our Law.
If the Referendum Council is not ignorant of this and they are proceeding with full knowledge of what they are doing, then it is totally incumbent upon us First Nations Peoples to establish a process under our Law and culture to have these people tried for collusion and collaborating with the enemy to destroy our Law and culture and spiritual obligations to the Dreaming. Their betrayal is more than sedition. It is a treasonous act. The Treaty of Union of Sovereign First Nations of the Northern Murray Darling Basin that was signed by the Nations' delegates on 10 May 2017 can in no way be interpreted as treasonous, nor acquiescing to the colonial power that occupies our lands. For people to say otherwise demonstrates a lack of knowledge and understanding of the need to locate peaceful solutions to a warmongering society who has committed genocide against our Peoples.
The Sovereign Union established a process many years ago to create an understanding of the need to find lasting solutions. No doubt others are arguing that there are other means, but until they can find a new way and prove it, then what has been achieved to this day will cause us to maintain our own pathway. Myself and many others, who support our Sovereignty Movement, do not in any way shape or form object to others going out there to find their own solutions and we encourage them to do so.
This is not about a measuring competition. This is about finding peaceful solutions. To attack each other is time wasting and energy draining and just what our opposition likes to see.
Understand who the real enemy is and understand that there are moments when battling for freedom, one sometimes needs to use the tools of the enemy. One such tool is the need to incorporate an arm within the colonial system to establish a mechanism by which we can raise funds from 'fees for service' for advice and from those who support us and believe in what we do. For these reasons the Assembly of Sovereign Nations of the Northern Murray Darling Basin incorporated a company, Northern Basin Aboriginal Nations Ltd., with ASIC, the Australian Securities and Investment Commission. This merely establishes an obligation to abide by ASIC's rules, which may change from time to time. In no way does the use of this tool cede any First Nation's sovereignty.
It should be noted that the Northern Basin Aboriginal Nations Ltd. constitution, which has been registered with ASIC, clearly stipulates that Northern Basin Aboriginal Nations Ltd.'...will not be seen to relinquish the sovereign rights and interests over land, sea, air and water by the Members or Directors of the Company who are members of the Northern Basin Aboriginal Nations. It must not be construed in any way, shape, or form that, having registered with ASIC, the Northern Basin Aboriginal Nations have ceded sovereignty in any way, shape, or form. If we do not do this then the occupying power will use its numbers, power and authority to shut down all that we do and make us criminals and enemies of the States. To use their tools is by no means a betrayal of what we stand for. The British are the best at colonising and disempowering those who they seek to destroy. Divide and conquer is a classic method.
We are proud People who have never engaged in mass warfare.
We have always found peaceful solutions, or solutions that do not cost thousands of lives and we will continue to pursue these processes for peaceful co-existence."