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Law

Reparation: the colonisers’ fear of admitting the truth of invasion

Reparation: the colonisers’ fear of admitting the truth of invasion

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]

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. [node:read-more:link]

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. [node:read-more:link]

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. [node:read-more:link]

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. [node:read-more:link]

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