Law

Tony Abbott, self-styled 'Prime Minister for Indigenous Australia' demonstrate the voice and opinion of a tyrant. The racist comments by him in response to First Nations opposition to being forcibly removed form their lands resonates in the most negative of ways. We all know that the WA government and Tony Abbott seek to clear the interior land mass of any and every resisting Aboriginal person, so they don't have to deal with Land Rights issues, water rights issues and environmental issues.

The State governments' legislation comes from a parliament that cannot establish its bone fide at English law, nor at international law, on how they acquired legal and political rights over Aboriginal Peoples' lands, waters, airspace and natural resources.

The Mabo High Court recognised Aboriginal proprietary and usufructuary rights and that Aboriginal title survived British sovereignty. Consequently, the High Court accepts in law that Aboriginal title burdens Crown title. Clearly the law in Australia, by this decision, gives us and recognises our title to lands, waters, airspace and natural resources, not as an idealistic notion, but rather a fact in law.

The recent cuts by the Commonwealth government to the Aboriginal Legal Aid budget demonstrate the need for Aboriginal people to change the way they do business with governments.

These cuts to legal aid will also deny people of their natural legal right to appeal severity of sentencing and to appeal the facts presented by police, etc. There will be others who will no longer have access to the Court of Criminal Appeal from within prison. The underfunded pilot diversionary programs being introduced are no substitute for natural justice.

Lawman Murray George (APY)
Pitjantjatara/Yankunytjatjara

The Sovereign Union Gathering of Nations in Canberra on 23-24 November 2013 raised the bar higher for the political agenda, than at any other time in the Aboriginal struggle.

This was confirmed when senior Lawman Harry Nelson presented the Gathering of Nations with his most sacred Law symbol that he had brought from his Country, where it was united with the sacred Law symbol of the Euahlayi Nation.

As Murray George said at the beginning, Aboriginal Law must sit on top of whiteman's law, because our Law is the Law of this land.

Michael Anderson, Convenor of the Sovereign Union of First Nations and Peoples in Australia said today: "A recent comment made by one of Australia's leading constitutional lawyers, Prof George Williams, demonstrates the incapacities on non-Aboriginal legal experts to see beyond the legal system that they are sworn to serve and uphold.

"Clearly Prof Williams lacks objectivity in his radio interview with The Wire, because his teachings and his practice focus primarily on the system that affords him his status in his society, which is the same society that seeks to steal our patrimony, citizenship and usurp our sovereignty without any legal foundation.

Michael Anderson, spokeperson for Sovereign Union warns Aboriginal and Torres Strait people against signing Indigenous Land Use Agreements (ILUA), saying they cede their sovereignty for a few crumbs if they do.

"In Australia we have reached a very important time in our history. We must come together as distinct sovereign nations to jointly locate a national perspective on our sovereign rights," he writes.

Both the Euahlayi and the Murrawarri Nations have joined in a combined effort to fight against paying rates on their ancient homelands.

This is an issue that has arisen as a consequence of the Brewarrina Shire Council seeking payment of rates for services on their ancient homelands.

The matter is beyond the scope and jurisdiction of the State courts so the Federal Attorney-General will now consult with the State and Territory Attorneys-General.

Sovereignty is the ultimate power, authority and/or jurisdiction over a people and a territory. No other person, group, tribe or state can tell a sovereign entity what to do with its land and/or people.

A sovereign entity can decide and administer its own laws, can determine the use of its land and can do pretty much as it pleases, free of external influence (within the limitations of international law).
By Dr Alessandro Pelizzon

Graham Merritt

Aboriginal Sovereign Union diplomat Graham Merritt, speaking today from Parliament House Canberra said:

"Today is an historic moment, when on behalf of the Sovereign Union I am serving the Crown via the Governor General Quentin Bryce and the Commonwealth Government of Australia with our formal objection to the Act of Recognition.

"This Act of Recognition is a sleight of hand, as the Crown and Government continue to bypass proper recognition of our continuing Sovereignty. The Commonwealth Government is using the reform process to attempt to bring Sovereign Aboriginal Nations and Peoples into the Constitution of a foreign illegal occupying force."

Figures show that the number of First Nations children being jailed is rising enormously, as the tide of social dysfunction in urban and regional centres has never been properly addressed.

More than 250 indigenous youth in northwestern New South Wales have been sentenced to juvenile prison terms during the past five years compared with only 12 non-Aboriginal children, The Australian newspaper reported.

Figures from the Australian Institute of Health and Welfare show the national rate of Aboriginal juvenile incarceration has risen to 31 times the non-indigenous rate and rising.

See also:   Call for review of juvenile sentencing