More independent Aboriginal states in the pipeline

Goodooga, 20 May 2013 - - Aborigines who have just met for two days in Brisbane are looking to launching their own independent states, as the Murrawarri people have just done in northwest NSW and southwest Queensland.
“Clearly the people are now asking the pertinent questions relating to a process of asserting their continuing sovereignty as individual nations,” writes Michael Ghillar Anderson, Convenor of the Sovereign Union of First Nations and Peoples in Australia in a media release.
The last surviving 1972 founder of the Aboriginal Embassy in Canberra says the Brisbane treaty talks were “one of the best meetings that has been held on a single national issue, that I have attended for many years”.
Participants expressed great admiration for the steps taken by the Murrawarri Republic, Mr. Anderson writes, and they are now seeking further advice on processes they adopted for “this revolutionary action”. The participants would now make all efforts to follow the same or similar path.
“The participants of the conference and workshops know in their own hearts that this is what their Elders past have been seeking to achieve. Now the people are saying that now they need to make a greater effort to achieve what the Murrawarri have.”
There is to be another meeting in five weeks to further investigate domestic and legal positions for establishing “our own statehood under international law”. It would be open to all people considering these actions, including non-Aboriginal supporters.
Mr. Anderson points out that one thing holding people back from committing to the sovereignty movement is the question of citizenship rights and possible ramifications that may flow from it.
“One of the working points that was submitted in discussion was that, if post war immigrants are entitled to hold dual citizenship, which permits them to access all social benefits and then in retirement return to their own countries to live, such as Greece and Italy, and there continue to receive their social benefits, then so, too, can First Nations people within Australia have dual citizenship, that is they can be Anangu, Wokka Wokka etc and be Australians at the same time, thereby maintaining the benefits of that dual citizenship status.”
It was pointed out in a workshop that Aboriginal people seeking to declare their independence within their homelands need to return to Country. “Only those who live on Country are in a position make such a Declaration of Independence.”
But it was also important to understand, just as the Murrawarri Republic do, that they must also recognise the rights of their diaspora, that is, people who belong to that nation but choose to live outside of their Country, have the same rights as those living on Country, but are not immune from punishment for any offences committed against the law of the nation whose land they live on.

<STRONG>Mr. Anderson’s release in full:</STRONG>

Having attended a two-day Brisbane Treaty Talks conference and workshops on the continuing sovereignty of Aboriginal and Torres Strait Islander peoples, I can say that the meeting is one of the best meetings that has been held on a single national issue, that I have attended for many years.
Clearly the people are now asking the pertinent questions relating to a process of asserting their continuing sovereignty as individual nations.
They expressed their great admiration for the steps taken by the Murrawarri Republic and are now seeking further advice in relation to the processes that were adopted by the Murrawarri People to have taken this revolutionary action. The participants have consented unanimously to investigating the processes adopted by the Murrawarri Republic and will now make all efforts to follow the same or similar path.
The participants of the conference and workshops know in their own hearts that this is what their Elders past have been seeking to achieve. Now the people are saying that now they need to make a greater effort to achieve what the Murrawarri have.
A number of considerations were made and there will be a further meeting in five weeks time where we will further investigate domestic and legal positions that establish the legal foundation to establish our own statehood under international law.
Again this meeting will be open to all people considering these actions including non-Aboriginal supporters. The suggested date and venue is:
22 – 23 June 2013
Murri School,
1277 Beaudesert Road,
Acacia Ridge, Brisbane
It must be pointed out, however, that one factor that does, in fact, hold the people back from committing to the sovereignty movement is the question of citizenship rights and the possible ramifications that may flow from it.
One of the working points that was submitted in discussion was that, if post war immigrants are entitled to hold dual citizenship, which permits them to access all social benefits and then in retirement return to their own countries to live, such as Greece and Italy, and there continue to receive their social benefits, then so, too, can First Nations people within Australia have dual citizenship, that is they can be Anangu, Wokka Wokka etc and be Australians at the same time, thereby maintaining the benefits of that dual citizenship status.
It was pointed out in the workshop that if Aboriginal people seek to declare their independence within their homelands, they need to return to Country. Only those who live on Country are in a position make such a Declaration of Independence.
It is also important to understand, just as the Murrawarri Republic do, they also recognise the rights of their diaspora, that is, people who belong to that nation, but who choose to live outside of their Country, have the same rights as those living on Country, but are not immune from punishment for any offences committed against the Nation’s Law whose land they live on.
An example of this is: if you are a Wokka Wokka citizen and you choose to live within the land of Jageara then you are subject to the Jagaera law if they have declared independence. If you are on land whose owners have not declared independence, then you are subject to the laws originating from Britain.
The next meeting agreed to by the participants will address three main topics:
<UL>
<LI>The declarations of independence themselves, models and processes</LI>
<LI>Governance</LI>
<LI>Transition times.</LI></UL>
The fundamental social factors, legal jurisdictions and methodologies for implementation each fit within the transitional process. The duration of the transitional process is not set, as there is a realisation that people are at different stages in their own understanding. But it was agreed at these treaty talks that information kits on sovereignty and independence be developed for circulation. It was requested that within this information kit a manifesto be created, pointing out all recent and past judgements in the law courts of the former British empire that go to recognising Aboriginal rights.
It was pointed out that we must be cautious about espousing the UN Declaration on the Rights of Indigenous Peoples, as this Declaration requires First Nations Peoples to recognise the territorial integrity of the invader state. Alternatively, the majority of the rights defined in that UN Declaration are already included in UN Covenants and are recognised in international law. This includes the right of self-determination, without having to recognise the territorial integrity of the dominant state.
Another relevant international law, by way of a resolution from the UN General Assembly, is the 1970 Declaration on Friendly Relations that established the principles of equal rights and self-determination of peoples:
Every State has the duty to refrain from forcible action which deprives peoples…of their right to self-determination and freedom and independence. In their actions against, and resistance to, such forcible action in pursuit of the exercise of their right to self-determination, such peoples are entitled to seek and receive support in accordance with the purposes and principles of the Charter.
[Detailed in Principles VII-IX of United Nations General Assembly Resolution 1541]
We look forward to the next meeting and hope we can see a greater number attend as this is a sovereignty movement that will not be stopped. (For those who were unable to attend, the treaty talks were webcast live.)
On the question of treaties, the participants agreed that the first step should be that those Aboriginal nations, who declare independence, should treaty with each other on each other’s recognition and commit to each to give support, if and when necessary in the formation of their state. No doubt future gatherings will locate other matters we each will treaty on.
In relation to treatying with the Commonwealth Government of Australia, it is not in our interest to treaty with Australia at this point as our people first need to be fully informed about <EM>all</EM> their rights as sovereign and independent peoples.
Michael Ghillar Anderson
Convenor,
Sovereign Union of First Nations and Peoples in Australia
0427 292 492 <A href="mailto:ghillar29@gmail.com">ghillar29@gmail.com</A>
<A href="http://www.sovereignunion.mobi/">www.sovereignunion.mobi</A> (or nationalunitygovernment.org)

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Interviews with Mr Anderson at http://nationalunitygovernment.org/declarations-independence-advanced-br...

http://www.989fm.com.au/category/podcasts/lets-talk/

http://audioboo.fm/boos/1405112-audio-1-aboriginal-sovereignty-campaigne...

Italian Media: Birth of the Republic of Aboriginal Murrawarri
http://nationalunitygovernment.org/content/italian-media-birth-republic-...
"It is a territory of 200 kilometres from East to West and 250 kilometres from North to South, approximately the same distance as between the regions of Basilicata and Sicily. The desert-like area is some 600 kilometres from the Pacific Ocean, and holds few inhabitants. Yet from this small piece of land comes a new challenge and re-emerges a new aspect of an old problem: the Indigenous People's right of self-determination. It does not matter that the Main Stream Media have ignored the event: the fact is that the new Republic of Murrawarri, straddling the border between the States of New South Wales and Queensland is born."
"E' un territorio grande quanto la distanza dalla Basilicata alla Sicilia, con pochi abitanti, situato nel deserto e senza sbocchi sul mare, eppure da questo piccolo lembo di terra australiano arriva una notizia che, essendo stata del tutto snobbata dai media occidentali, allora vuol dire che sta creando diverse spine nel fianco e che rilancia il tema dell'autodeterminazione dei popoli. Andiamo con ordine: stiamo parlando della neonata Repubblica di Murrawarri, comprendente i territori a cavallo degli Stati australiani del Nuovo Galles del Sud e del Queensland."

the declaration of independence by the murrawarri republic (http://nationalunitygovernment.org/content/murrawarri-republic-declaration) shows the way forward for our aboriginal nations to claim sovereignty over their traditional lands.

michael anderson explains above that this action by uncle fred hooper is not just a flash in the pan. i fully endorse the current push for the sovereignty of our nations.

ray jackson
president
indigenous social justice association

isja01@internode.on.net
(m) 0450 651 063
(p) 02 9318 0947
address 1303/200 pitt street waterloo 2017

By Michael Ghillar Anderson

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. Prof Williams was responding to statements by Fred Hooper on the recent Declaration of Independence by the Murrawarri Nation.

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.

Many established lawyers fail to come to terms with other aspects of the Mabo decision. As a constitutional expert, surely Prof Williams understands, when the High Court held in Mabo that competing sovereignties between Aboriginal nations and the colonial Australian state come face to face, no domestic municipal courts within Australia have the capacity to rule over issues of competing sovereignties.

The High Court also held that these questions can only be resolved by a higher jurisdiction, in which case these questions should be referred to the United Nations for independent mediation. Should this process fail to reach amicable arrangements, then the United Nations are legally bound to refer the matter to the International Court of Justice for an opinion.

The Murrawarri decided, within the nation, to free themselves from the tyrannical oppression that they are currently confronted with. The Murrawarri have adopted an internationally accepted legal norm and practice and have take the logical next step by declaring their independence as a pre-existing and continuing sovereign state.

It is concerning when we have a lawyer of Prof George Williams’ stature publicly espousing the notion that Aboriginal people are assimilated.

On the contrary, Aboriginal nations are re-organising themselves by defining the boundaries of their territories over which they have dominion under our law and custom, while at the same time organising their population through families according to their law and custom, defining their language and re-establishing their ancient customs of governance in a modern sense, which in many cases will have evolved to meet the current circumstances. Then through sheer necessity for survival, they are establishing a distinct and identifiable political unit.

Prof Williams’ comments are also at odds with the Samuel Griffiths Society of Lawyers who advise on the constitutional matters. In 1998 Dr Stephen Davis provided PM Howard with advice on the ramifications of the Ten Point Plan to provide ‘bucket loads’ of extinguishment of Native Title and that, when making amendments to the Native Title Act 1993, to be cognisant of the contested sovereignty.

The recent Mitchell Decision [Mohawk Council of Akwesasne v Canada (Minister of National Revenue-MHR, [197] F.C.J. No. 882 (QL)] of the Canadian Federal Court has recognized the international nature of Aboriginal rights and ensured that Aboriginal customary rights will be preserved across international borders. Aboriginal rights are clearly being distinguished and recognized as distinct from Aboriginal title. The distinction warrants ongoing attention.

The issue of domestic sovereignty is set to dominate future international discussion of indigenous rights, and discussions made by the United Nations, together with precedents in other countries, could potentially change the map of this country. Land rights and native title in Australia are examples of a very dynamic debate which is open ended, and which can be simply linked to international conventions and trends to develop a credible basis for a range of outcomes with far reaching irreversible consequences.

Australians tend to take their sovereignty for granted. That sovereignty is now being contested. We must become more aware of the issues, the players and be prepared to defend our sovereignty if we are to maintain it.

[Davis, Stephen 1998, Native Title; A Path to Sovereignty, http://samuelgriffith.org.au/docs/vol9/v9chap11.pdf]

When Prof George Williams fails to consider recent Canadian Supreme Court cases in relation to Aboriginal Rights, which are part of the English common law and establish new common law rights. It is an established legal norm that what is held in the superior courts of Canada does not necessarily establish new law in relation to Aboriginal Rights just for Canada, but for the common law of other counties, such as Australia. In addition, the legal opinion of the International Court of Justice in the 1975 Western Sahara Case, clearly acknowledges in law that sovereignty remains with the People and is not usurped by the invader state, unless the Aboriginal population is conquered or they ceded their rights and sovereignty to the new colonizing state through a treaty. The superior courts of Canada have remained connected to this advice when their courts hold that Aboriginal Rights have, and do, survive an imposed British sovereignty.

In conclusion, it is time for people like Prof George Williams to use their influence and invite the Commonwealth and States’ attorney-generals to a public debate between Fred Hooper of the Murrawarri Republic, and a couple of international lawyers such as Maivan Clech Lam, Professor Emeritus of the City University of New York Graduate Center, and myself. I believe this debate should take place at the Sydney Opera House as it is a vital public interest issue.

Michael Ghillar Anderson

Convenor, Sovereign Union of First Nations and Peoples in Australia

www.sovereignunion.mobi and www.nationalunitygovernment.org

0427 292 492    ghillar29@gmail.com

 

 

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Australia's Aborigines Launch a Bold Legal Push for Independence
TIME
The Aboriginal Tent Embassy galvanized support for indigenous land rights and thrust its ambassador Michael Anderson into the international spotlight.

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The site has 30 million readers, according to the author.

The article contains some mistakes.

The four activists stuck a beach umbrella into the lawn of the Old Parliament House, they did not plant a tent. The tent was donated later by supporters.

Mr Anderson was a cotton chipper along with the rest of his family when he was home with them at cotton chipping time. He led a successful strike for substantially higher pay for cotton workers.

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The Republic in on facebook: https://www.facebook.com/MurrawarriRepublic?hc_location=timeline