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Law

No treaty or contract is valid if the parties are at war

Rules of Treaty and War

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. Read more about No treaty or contract is valid if the parties are at war

Academic Paper argues that First Nations communal allodial land title cannot be extinguished by fraud

Academic Paper argues that First Nations laws of the land still exist

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. Read more about Academic Paper argues that First Nations communal allodial land title cannot be extinguished by fraud

Complexity of Treaty and Treaties

Understanding the difference between sovereign treaties under international law, which affirm sovereignty of First Nations, and domestic treaties within the colonial system, which automatically mean First Nations cede sovereignty.

Ghillar, Michael Anderson presents a set of 4 videos to explain the complexities and traps when entering into a Treaty with the Australian government and/or the British Crown. Read more about Complexity of Treaty and Treaties

NSW Bar Association calls for a new approach to Aboriginal imprisonment

ABORIGINAL INCARCERATION

The Bar Association of NSW's submission to a Law Reform Commission inquiry into First Nations incarceration calls for a new approach to sentencing which takes into account the deprivation and disadvantage inherent in an individual's Aboriginal background. The association also calls for an end to mandatory sentences, which make it impossible for courts to make any allowance for such disadvantage in their decisions. The rate at which Aboriginal people end up in jail is appalling and in NSW last year Aboriginal people were 3 per cent of the population, but 24 per cent of the prison population. Read more about NSW Bar Association calls for a new approach to Aboriginal imprisonment

A Statement from the Bush: 'Songlines can bring us Home'

A Statement from the Bush 'Songlines can bring us Home'

Ghillar, Michael Anderson provides an insight into a viable pathway going forward:
At the Referendum Council's National Convention, the line was drawn in the sand. There are no objections to those who want to be absorbed into our oppressor's society. For us who seek to stand and fight, then we must set our sights on looking at the details of how we develop ourselves as self-determining Nations and Peoples, being guided by international legal norms, whilst living next door to our oppressor. Read more about A Statement from the Bush: 'Songlines can bring us Home'

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