Posted on August 18, 2010 by Coober Pedy Regional Times
Elders and Lawmen and Women of the Original Sovereign Tribal Federation challenge the Prime Minister
To the Editor,
In order for the various Australian governments to complete the fraud of unlawfully usurping the Sovereign status and authority of the Original Tribes of this island continent it requires the icing on the cake of a constitutional inclusion which it will be claimed has the effect of skull-dragging the Tribes under the jurisdiction of the parliaments of the Commonwealth and the various states and territories.
Dissimulatione tollitur injuria – is a term not many would be aware of – it is a legal maxim which when translated says that Injury is wiped out by reconciliation.
It is easy therefore to comprehend the true meaning behind John Howard’s smug quip that he supports ‘practical reconciliation’.
In a press release dated `9th August 2010, ANTaR’s president, Janet Hunt states that:
“Australia’s Constitution includes no reference to the unique place, history and rights of Indigenous peoples in our nation”.
The reason the Constitution does not include a reference to Our ‘unique place, history and rights’ is because the Constitution does not and was never meant to have any authority in respect of the Original Tribes.
Ms hunt continues,
“It (the Constitution) also offers no protection against racial discrimination, and it has been interpreted as enabling governments to legislate to the detriment of Indigenous peoples”.
For once someone has stated the truth (although possibly unintentionally) about the misinterpretation of the Constitution and its’ relevance to the Original Tribes, as when first created, the ‘Constitution’ held at Section 51.26 that the Commonwealth could make laws for anyone other than for people of the ‘Aboriginal race’. This being due to the fact that the Sovereign status of the Original Sovereign Tribes had been ensured 25 years previously in the Pacific Islander Protection Act Amendment of ~2nd August 1875 Sections 6 and 7.
Further, the Sovereignty of the parliament of the Original Tribes could not be usurped by the Sovereignty of the Parliament of the UK. This rule applies equally for Aotearoa (New Zealand) and other Pacific jurisdictions, (Halsbury 3rd Edition, volume 36-statutes paragraph 559 at page 337 of that volume).
The Constitution has indeed been INTERPRETED as enabling governments to legislate to the detriment of indigenous peoples. However this misinterpreted claim of right has been erroneously and apparently intentionally assumed by various governments for the criminal benefit of corporate greed.
The Original Sovereign Tribal Federation is the voice of many Tribes across this continent, with Our membership growing daily, and we put the Commonwealth, states and territories on Notice that We intend to be taken seriously in Our stand on Our status as the True blood-line connected, Lodial title holding Sovereigns on this content.
The Original Sovereign Tribal Federation challenges the Prime Minister (an office not found ANYWHERE in the boundary of the Constitution by the way) to come and sit in circle with Our Elders and Lawmen and Women to negotiate to create a better way forward. We know we can do it – Where is the Crowns representative?
Gunham Badi Jagamarra (Mark McMurtrie)
Co-Convenors and Secretariat
Original Sovereign Tribal Federation (OSTF)