Deceitful and fraudulent land dealings in WA and a breach of Trust: more WA Homelands closed down

Demolishing First Nations peoples houses in the Pilbara
SU Media Release

Sovereign Union 18 March 2019

Ghillar, Michael Anderson, convener of Sovereign Union provides an insight into the interplay between the Western Australia Aboriginal Lands Trust and Native Title organisations to deceive and defraud the rightful owners of Country.

Ghillar accuses the members of the Western Australia Aboriginal Lands Trust of treasonous behaviour and actions against their own Peoples. He said this is evidenced by the fact that over the past years the Aboriginal Lands Trust has acted in concert with the interests of mining companies, the Western Australia government and the Federal government to shut down Aboriginal communities under a policy of forced removal and clearing the land. The purpose of ridding the land of its true owners is to permit free and open access to exploration, mining and other development.

Martu Elder, Colin Peterson shares his thoughts as houses were being demolished in Parnpajinya recently.

(Ngaarda Media Facebook)

If anyone and everyone chooses to do their own research on land title in Western Australia they will find that almost the whole of the targeted exploration and mining areas in the Western Desert cultural block, the Pilbara and the Kimberley are lands that are held in trust under freehold title, as reserve lands for Aboriginal people only. Nowadays the Aboriginal Lands Trust has and is continuing to betray its trust obligations and is indeed complicit in facilitating the government in clearing these lands of the Aboriginal Peoples, even to the point where Homeland communities are shut down and the people are forced out of their houses with nowhere else to go, other than on the streets or in fringe camps on the edge of white townships.

These actions are done without any consultation or consideration of the Peoples’ common law rights. Communities such as Silver City aka Three Mile Reserve; Nullagine Reserve; Parnpinjinya aka Newman Reserve of the Martu Nation are at the fore front of the most recent experience. The houses on these three reserves have been boarded up by the Western Australia Aboriginal Lands Trust in order to prevent the people remaining in their houses on their own land. As a result of this, many were forced to leave their Country, while some decided to remain on their Country and are now living in the bush with minimum if any facilities. The People consider this an act of war against First Nations in Western Australia facilitated by the Western Australia Aboriginal Lands Trust.

https://www.dplh.wa.gov.au/alt as at 16 March 2019

It has been recommended that these communities and the Martu Nation consider legal action in respect of their common law rights with the aim of suing the members of the Aboriginal Lands Trust for breach of trust. The Western Australia Aboriginal Lands Trust consists of Dr Robert Isaacs AM (Chair); Roanna Edwards; James (Jamie) Elliott; Patrick Green; Nerida Haynes; Jacqueline Littlejohn; and Preston Thomas.

The legal action will be on the basis that the people of these communities, by virtue of the Aboriginal Lands Trust, are the beneficiaries of the Trust. For the beneficiaries to be evicted from, not just their homes, but their lands is a serious violation and the law of trusts has been breached.

It is extremely disappointing to know that the Western Australia Aboriginal Lands Trust is also working in concert with the federally funded Native Title organisations and they allow a Native Title claim to be placed over land that First Nations already own as freehold, under the western common law and land title system.

Elders Cliffy Brook and Andrew Dunn, residents of Parnpinjinya express their thoughts on the destruction of houses in their community.

(Ngaarda Media Facebook)

Clearly, no one explains to the Lands Trust beneficiaries that the common law freehold title under English law is far superior to Native Title. Native Title is merely a colour of title that has no financial value on the open market, because Native Title lands can only be sold/transferred to the Queen of England, who asserts a sovereign radical title, NOT a beneficial radical title over all our lands. As such, her military and police can enforce her wishes and demands, if we as First Nations Peoples try to sell or negotiate our lands after a Native Title determination has been made and thereby stop us from negotiating and/or selling lands to anyone but her and her agents e.g. Commonwealth, State and Territory governments.

Former Chairpersons of the Western Australia Aboriginal Lands Trust have flouted and taken advantage of their previous position as Chair of the Aboriginal Lands Trust by now establishing themselves as specialist consultants to, not just Native Title organisations, but also as advisors and facilitators for development and/or mining on First Nations Peoples’ lands throughout Western Australia. One such person is Clinton Wolfe, who describes his current role as: ‘I am now a full time business executive who works for and advisers (sic) Aboriginal groups and mining companies.’

These actions border on criminal activity through insider trading. People like Clinton Wolf and other like-minded Aboriginal people take advantage of the lack of education and understanding that some First Nations people have in terms of their rights. They exploit the Elders by arguing that you will get something from these deals, but what actually happens from experience and knowledge, is that royalties and or benefits are placed in the hands of trustees consisting of Commonwealth, State, Business and selected First Nations people, who sit and serve as trustees to these vast trusts. But often the common law holders of Country are excluded from being the administers of their own money. Organisations such as the Myer Foundation and their trusts become the trustees of these royalty funds. The likes of the Myer Foundation establish separate trusts, which in most cases are administered by accountants who are then vested with the interest of distributing royalties to the beneficiaries at various intervals in the years. Ong term these administrators of the trust earn more money than the beneficiaries whose Country is being exploited.

I have been informed from the Martu that there is one trust group who charges between $250,000 and $500,000 for a one-day meeting.

‘$500000 squandered by Rep Body on one meeting - Teddy Biljabu’

I have been informed that the costs are defrayed by the chartering of planes; paying for police and security to attend the meetings; covering the costs of the beneficiaries; sandwiches, cakes and tea; administrative costs for non-Aboriginal people, who are the trustees and attend these meetings, as well as the lawyers to the trust.

The Martu have explained that this is a practice that is rife throughout Western Australia. Allegedly the police and security are to prevent educated Martu people from attending the meetings, because they are familiar with the processes and can articulate their inherent rights. The Martu have explained that they have attempted to bring their younger and educated ones to these meetings, but are blocked by the police and security, who are paid out of the Martu’s own money, without their approval.

If a complete dossier on the actions of the authorities, both black and white, against the various First Nations People from controlling and exercising their inherent rights, one could not but conclude that there is a silent war raging against First Nations Peoples in Western Australia, unfortunately, aided and abetted by the Western Australia Aboriginal Lands Trust and the Commonwealth funded Native Title organisations and their subsidiary agents.

I urge all those who believe that they are fighting for the cause of their People to take a hard and fast look at what our First Nations Brothers and Sisters are experiencing in Western Australia. I also ask our educated Brothers and Sisters to find the section in the Native Title Act that says blanket claims can be done, that is placing Native Title claims over lands that belong to different independent First Nations, who have not properly authorised a combined claim.

What should also be highlighted is how, under Native Title claims, private ownership of lands by First Nations under the western legal system can be over ruled by a Native Title claim, because at Section 47A, in particular the Native Title Act states at 47A (1) ‘Prior extinguishment to be disregarded’:

Clearly, this is absolutely racially discriminatory, because if any land grant is made to First Nations Peoples or they have purchased the land themselves, then why are those titles to be disregarded and replaced by the much weaker Native Title controlled by a Prescribed Body Corporate, which by the way, has the power to veto membership? If land titles, as referred to in Section 47A are to be disregarded, then why does this not apply to ALL other land titles and land holders?

We must understand that when you read the Native Title Act the colonialists are making it up as they go. They have no idea. But you can be assured of one thing. They know they have lost the legal fight over land and waters and simply refuse to negotiate over the whole of the Country that they stole, land theft on a continental scale.

Why is this? It is because of three words – reparation, restitution and compensation.

Again, I go back to what the former Premier of Queensland, Bjelke Peterson said as he departed office: If we are not careful the Aborigines and Torres Strait Islanders will become the Arabs of Australia in terms of riches.

Why can’t our mob see this and understand it, or are you avoiding the big fight and burying your heads in the sand and pretending that Recognise and Constitutional inclusion will do it for us? The reality is we are owed bigtime and the likes of Patrick Dodson, Noel Pearson and their likes and supporters for constitutional recognition and reconciliation are creating dust storms and clouding the waters to give their colonial buddies a way out of their obligations under international law, for expedience and denial of the truth. As Patrick Dodson said to me: ‘Continuing Aboriginal Sovereignty is too hard for the authorities and the public to swallow.’ But this is not correct, the Australian public demands an absolute correction of the wrongdoings.

The necessity for justice through reparation for the ‘Native Inhabitants’ was heralded in 1825 by King William IV, as recorded in the introduction to the Official Report of the Select Committee of the British Parliament ‘appointed to consider what Measures ought to be adopted with regard to the Native Inhabitants of the Colonies where British Settlements are made, and to the neighbouring tribes, in order to secure to them the due observance of Justice, and the protection of their Rights’:

‘The case of these people has not been wholly overlooked at home. In 1825 His Majesty issued instructions to the Governor to the effect that they should be protected in the enjoyment of their possessions, preserved from violence and injustice, … we must still express our conviction that if we are ever able to make atonement to the remnant of this people, it will require no slight attention, and no ordinary sacrifices on our part to compensate the evil association which we have inflicted; but even hopelessness of making reparation for what is past would not in any way lessen our obligation to stop, as far as in us lies, the continuance of iniquity.’

TIMBER CREEK COMPENSATION CASE

 
The reality of the King’s decree is now becoming a reality. The recent decision by the full bench of the High Court in the Timber Creek Case, confirms the necessity of compensation and vindicates what King William IV said in 1825. The appeal was heard by the Full Bench of the High Court in Darwin in September 2018 and the decision came down on 13 March 2019 Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples .[2019] HCA 7 (13 March 2019)
  

Chris Griffiths and Lorraine JonesChris Griffiths and Lorraine Jones
Timber Creek compensation case. Traditional owner and plaintiff Lorraine Jones said that regardless of the outcome, she was happy the Timber Creek case had "opened a can of worms"

This recent ruling affirms and vindicates what I have argued over and over, that our religious practices and the protection of our sacred Creation sites, Stories and Songlines that give us our spiritual essence, are even protected under the existing Australian Constitution, Section 116 – religious freedom. But almost all non-Aboriginal lawyers in this country, other than those who took on the Timber Creek Case, do not have the courage to argue this matter. Native Title lawyers are protecting their own interests and don’t want to rock the boat and or be seen to be running key test cases. The government pays them to shut up and to avoid issues of compensation, as is written in the Native Title Act. The time is right to stop putting Native Title claims in and to argue your common law rights, which will give you a stronger outcome.

We need all our proper leaders and fighters out there to stand up, be counted and begin to take on the real obstacles to the assertion of our inherent Sovereign rights.

Ghillar, Michael AndersonContact: Ghillar Michael Anderson
Convenor of the Sovereign Union,
Head of State of the Euahlayi Peoples Republic
Contact Details here

BACKGROUND

Members of Aboriginal Lands Trust
Source: https://www.dplh.wa.gov.au/alt as at 16 March 2019
 
Dr Robert Isaacs AM (Chair)
Term of appointment - July 2016 - June 2020

Robert is from the Bibbulmun, Whadjuk, Wardandi, Noongar Language Group. He is the Executive Manager of Social Lending Keystart Shared Equity Home Loans for the Department of Housing. He has been awarded the Order of the Australian Medal (OAM) and is widely respected and recognised for his contributions to Aboriginal housing, Local Government, Aboriginal health, Aboriginal affairs, employment, education and the community. He was named the Western Australian of the Year 2015.


Roanna Edwards
Term of appointment – July 2018 – June 2022

Roanna is currently working for Horizon Power, and has a sound knowledge of housing service provision in regional/remote communities across WA. Roanna has worked for the Northern Land Council, leading the Council’s communications around native title, pastoral leases, mining leases and gazetted townships. She also has a strong media background as previous board member on the Australian Broadcasting Corporation Indigenous Advisory Panel.


James (Jamie) Elliott
Term of appointment – July 2018 – June 2022

Jamie is currently working for the Water Corporation based in Kununurra and working with WA remote Town Base Reserve communities. Jamie has extensive experience in the development and management of programs and services focused on Aboriginal engagement. He has also worked for the Department of Housing, and is a current board member of the Wunan Foundation. Jamie has been reappointed by Minister Wyatt for a further 4-year term.


Patrick Green
Term of appointment - July 2016 - June 2020

Patrick is a Bunuba man from the Fitzroy Valley region of Western Australia. He lives in Junjuwa and is currently the Chairperson of his community. Patrick is the Chairperson of LEEDAL Pty Ltd a local Aboriginal owned business cooperative and the current Chairperson of Marra Worra Worra Aboriginal Corporation in Fitzroy Crossing.


Nerida Haynes
Term of appointment – July 2018 – June 2022

Nerida is currently working for Terra Rosa Consulting working with Aboriginal communities to utilise/develop land tenure to provide long-term economic return as well as achieve environmental, cultural heritage and social targets. Nerida has extensive knowledge in relevant legislation and government policies for Aboriginal heritage/land management processes. She is also undertaking part-time study for a Graduate Diploma in Archaeology and Cultural Heritage Management.


Jacqueline Littlejohn
Term of appointment - July 2016 - June 2020

Jacqueline is a Yamatji Malgama woman from Shark Bay in the North West of WA. With over twenty years' experience in the rapidly evolving area of diversity, inclusion and Aboriginal affairs, Jacqueline has pioneered new ways to address prejudice, racism and discrimination. She is committed to advancing health, education and economic development opportunities for Aboriginal people.


Preston Thomas
Term of appointment - July 2016 - June 2020

Preston "Mr T" Thomas is a former Deputy Chairperson of the ALT and is the current Chairperson of Kanpa Community Council. He is also the Chair of the Ngaanyatjarra Council (Aboriginal Corporation). He is committed to increasing economic development opportunities for Aboriginal Western Australians.