06/11/2014 08:48
We The People Oppose Constitutional Recognition Amendment
We the people of our ancestral homelands currently known collectively as Australia oppose the Australian Government's attempt to contractually bind us in social contract within its constitution by way of recognising (Recognisance-blacks law) us as its colony's first people in its upcoming referendum. The Government has promised to put forward a draft amendment by September 2014 but has not yet set a timeframe for when the referendum will be held, however the sunset clause passed through parliament last year commits the government to holding the referendum on the issue within the next two years.
We oppose the government's proposed amendment to their constitution under Powers of Parliament, Section 51(26): 'Special laws' for people of any race', to add a clause that will enable the government to make laws on behalf of the original peoples of the land. Our sovereignty has never been ceded therefore still remains with us and we do not consent to being recognised in the colony's constitution and rendered as its first peoples who will be situated under their constitutions Powers of Parliament section 51 as a people who the government is entitled to make law on behalf of and for.
We declare our continuing sovereignty that has never been ceded by the British crown and its colony of Australia.
We declare an unlawful occupation of our ancestral homelands whom has never sought informed consent in its attempts to usurp our sovereignty and mine our lands for resources through its Native Title Act 1993, thus rendering all existing contracts null and void.
We declare an unlawful occupation of our lands that has waged a covert war of attrition against us since it's invasion and declaration of 'terra nullius' in 1788. As evidenced through the stolen children, the stolen wages, the deaths in custody, world’s highest incarceration rates and the lowest life expectancy rates of any of the Commonwealth colonised country.
The British colony of Australia is the only Commonwealth country that has yet to sign a treaty with the continents original peoples and instead opted to claim no human beings occupied the lands with declaring 'Terra Nullius'. This untruth of 'Terra Nullius' was disposed of within the colony's domestic law with Mabo's case in 1992 thus rendering the sovereign jurisdiction over the land and waters to the original peoples within domestic law.
The government quickly sought to tire up this loose end by passing the Native Title Act 1993 which sought to sign up the original peoples to their 'Native Title' contracts which transferred their sovereign authority over their lands and waters to government registered Prescribed Body Corporates (registered land councils) in their respective homeland areas. Prescribed being the legal qualifying word of the land councils which seeks to tranfer sovereignty over the land to the occupying government under its Native Title legislation. Here is the meaning of Prescribed/Prescription:
In law, prescription is the method of sovereignty transfer of a territory through international law analogous to the common law doctrine of adverse possession for private real-estate. Prescription involves the open encroachment by the new sovereign upon the territory in question for a prolonged period of time, acting as the sovereign, without protest or other contest by the original sovereign. This doctrine legalizes de jure the de facto transfer of sovereignty caused in part by the original sovereign's extended negligence and/or neglect of the area in question.
Acquiring a piece of movable or immovable property by prescription is known as "acquisitive prescription" while losing property or a right is known as "extinctive prescription".
The other major loophole the government tired up with Native Title was to get the original peoples to agree to the contractual terms of Native Title which is to label themselves as "Aboriginals" and "Natives" which diminishes their sovereign title to land as a lessor title to land which lays under the superior jurisdiction of the crown. Refer to "Aboriginal Title" for further explanation.
We declare the same human rights afforded to all human beings on the planet and that is to be treated as humans with the right to self-determination and the right to determine our futures over ourselves and our ancestral homelands.
We are entitled to a sovereign treaty as are all humans on their lands and we demand to have our human rights respected and acted upon. We demand international scrutiny over the terms of a sovereign treaty between the original peoples and the Australian peoples of the colony directly and not its current corporate governance system.
Where will the Declarations and Pledges of Support be sent?
All collected and submitted pledges of support and declarations of people who stand opposed to the constitutional recognition will be forwarded on to various government heads and committees, and International bodies, will be forwarded on Monday 15th September 2014. Recipients such as:
- The Queen of Australia, and the current Australian Head of State Queen Elizabeth Windsor.
- Her representative for Australia, Governor-General Sir Peter Cosgrove.
The current Australian Government's representatives; Prime Minister Tony Abbott, Opposition Leader Bill Shorten, Greens Leader Christine Milne, and Palmer United Party Leader Clive Palmer.
The United Nations Secretary General Ban Ki-moon and International Courts of Justice President Peter Tomka.
Submit your support here: Original First Nations Peoples here & non-original peoples here.
