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Gathering of Nations denounce Constitutional Recognition
by Ghillar Michael Anderson 7 December 2015
T
he key focus of the Gathering of Nations was ‘Sovereignty never ceded’, the con in Recognition in Australia’s Constitution, First Nations Law and Culture, Unilateral Declarations of Independence (UDIs), Decolonisation, citizenship and nationality. In the two days of the Gathering of Nations the 150 participants, delegates and observers from all over Australia, were presented with research and information in respect to the key issues facing First Nations Peoples today and the progress to date in the assertion of First Nations sovereignty at a national level. We very clearly articulated the internationally accepted process for assertion of sovereignty by Nations
and Peoples subjugated by a foreign power and expanded on the need for the Australian Commonwealth government to begin the process of decolonisation. Freedom, complete independence and security are the right of all Peoples on the planet. Australia was criticised by 110 UN Member States in the November 2015 Human Rights Committee meeting in Geneva for its treatment of Aboriginal and Torres Strait Islander Peoples and also its treatment of refugees. Australia is also listed on the UN list of countries that need to decolonise. Nations that have made a Unilateral Declaration of Independence (UDI) explained some of the steps they took when making their Unilateral Declaration of Independence (UDI) based on their pre-existing independent and continuing sovereignty, which
has never been ceded to a foreign power. The Sovereign Union of First Nations and Peoples in Australia is founded on the preexisting continental Common Law, the First Nations’ Law of the Land which is the original Law of the Dreaming. This has been partially recognised by the colonial power’s High Court in the Mabo (No. 2) case, when the judges acknowledged the preexisting Aboriginal law and customs. On the topic of Australia’s legal status as a nation state it was concluded that it is well recognised now in the legal system of Australia that there is not one set day that can be regarded as the day Australia became a truly independent Nation State. The High Court of Australia concluded that the only international symbol and action that creates recognition for Australia as a UN Nation State in
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the international community was the actions of Australia when they signed the Treaty of Versailles on 28 June 1919 and the ‘acceptance’ of the United Nations Charter. It must be noted, however, that even the UN Charter was only ‘accepted’ and the Commonwealth government has failed to ratify it and formally bring it into domestic law. [http://nationalunitygovernment. org/content/charter-united-nationsdoes-not-applyaustralia-claims-qldlawyer-euahlayi-rates-case] The Unilateral Declarations of Independence (UDIs) affirm our sovereignty and treaties between Aboriginal Nations also affirm First Nations’ sovereignty as is the case in America and Canada. On the question of Aboriginal citizenship and nationality there is no evidence of Aboriginal people being made ‘denizens’ by any monarch of England in the past 227 years without treaty, accords or naturalisation. Aboriginal people remain citizens of their own Nations in their own right. We commend those First Nation States who have mapped their country, declared their independence (UDIs) and are rebuilding governance. It is now about them going forward socially, culturally, politically and economically. RESOLUTIONS of the GATHERING of NATIONS: 1. This Gathering of Nations assembled of the Sovereign Union of First Nations and Peoples in Australia denounces Australia’s efforts to force upon the First Nations Peoples of Australia a ‘Recognition’ in their constitution and the each Nation will notify the
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Prime Minister of their opposition. Moved: Fred Hooper, Murrawarri. Seconded: Bejam Noonuccal, Noonuccal. Unanimous agreement of delegates. 2. This Gathering of Nations assembled of the Sovereign Union of First Nations and Peoples in Australia denounces the Western Australian government’s forced agreement without the full Peoples’ consent to the Native Title CoAgreement with the SW Aboriginal Land and Sea Council (SWALSC) and the some representatives of the Noongar Nation and we call upon the WA government to stop the process which is not supported by the full Nyoongar Nation, Yamatji Nation, Wudjuk Nation etc and that we condemn them for banning people from gathering at the meetings with police at the time votes were being taken. This Gathering considers the Land and Sea agreement having been forced upon the people to be null and void. We call upon the West Australian government to enter into negotiations with the Djurin Nation Republic. Moved: Wilo Humphries, Djurin Republic. Seconded: Fred Hooper, Murrawarri Republic. Unanimous agreement of delegates. 3. This Gathering of Nations assembled of the Sovereign Union of First Nations and Peoples in Australia gives full and wholehearted support to the native people of Fiji in their fight to retain ownership their Country under their Law and custom and that we will endeavour to put our energies and effort into publicising it and assisting Fiji’s native population whenever and wherever possible in relation to their fight against the tyranny of a dictatorial government.
Resolution adopted by unanimous acclamation. 4. The Sovereign Union of First Nations and Peoples in Australia on behalf of this Gathering of Nations assembled will write to the Commonwealth Governor-General and the Queen ASAP identifying the plight of the people from Fiji and the Pacific region who are here and that we call upon Her Majesty to instruct her officers here in Australia to give sanctuary to the people of Fiji and the Pacific region so that they are free from insecurity and if they don’t the First Nations who have declared their independence will offer sanctuary to the people of Fiji and the Pacific region on and within their lands. A copy of these letters will be sent to the UN Secretary-General Ban Ki-moon and President of General Assembly of UN. Moved: Shirley Humphries, Djurin Republic Seconded: Ghillar Michael Anderson, Euahlayi Peoples Republic. Unanimous agreement of delegates. 5. It was agreed by the Gathering that the administration of the Sovereign Union travel to communities upon invitation to explain UDIs, sovereignty and ‘Vote No to Constitutional Recognition’ commencing at Kempsey with the Dthungutti people. 6. The Gathering also called upon the administration of the Sovereign Union to put a callout for support to conduct the important work of the Sovereign Union. Donations to the Sovereign Union can be made via the website homepage: Video record of proceedings – Day1 at www.sovereignunion.mobi