Law

The story of Lieutenant James Cook and British Sovereignty over Australia has been overcooked. At no time on any of Cook's three voyages to the Pacific was he intending to go anywhere near New Holland. He did chart the east coast of New Holland in 1770, but that was not part of his Instructions. The whole story about Cook and his association with the claim of British Sovereignty over the lands now known as Australia is retrospective, rather than consistent with the events of the time. Cook's initial "mission" was to get to Tahiti to study the Transit of Venus, and to then look for the fabled Great Southern Land, Terra Australis. [node:read-more:link]

Colonial law is a law that cheats all our Peoples out of our ownership of all our lands, water and natural resources and ownership of all of our native flora and fauna, which are our families through our Totemic Law rules.
Native Title laws keep us outside in the drought without shade and we are burning up, just like our native bush. The 'two bob black trackers' control all negotiations and dictate what they say our people should get and agree to. [node:read-more:link]

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. [node:read-more:link]

Ghillar, Michael Anderson, Head of State of the Euahlayi Peoples Republic and convenor of Sovereign Union is proposing a number of options that First Nations might consider when seeking redress following the High Court’s decision in the Timber Creek case. The High Court recognised that Native Title claimants should be eligible for compensation for the ‘loss of rights to gain spiritual sustenance from the land’ among loss of other rights and interests’. [node:read-more:link]

We now come in all sizes and colours, but you cannot take away the spirit of our forefathers and foremothers and our absolute connection to Mother Earth. The divide and rule by colour distinction will no longer work. We are who we are, always was and always will be. However, once you welcome non-Indigenous people to Country, in their world you are opening the door and letting them in and what is your's becomes their's. Right now their only legitimacy on Country is when they are welcomed in ... One way to deflect Welcome to Country is to Acknowledge Country! [node:read-more:link]

One of the slogan chants of the Invasion/Sovereignty Day March in Sydney was "No accident, it was murder!", referring to the continuing and spiralling number of deaths in custody. International lawyers are now referring to First Nations Peoples’ Deaths in Custody as being attributed to State-sanctioned death squads. ... The question of our continuing sovereignty governed by our ancient Law and customs is traced by our Songlines, dances and songs across this continent. ...... the Mabo judges committed treason and demonstrated their refusal to make an unbiased decision. [node:read-more:link]

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. [node:read-more:link]

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. [node:read-more:link]