ORIGINAL SOVEREIGHN TRIBAL FEDERATION PRESS RELEASE - 21 NOVEMBER 2012 NATIVE TITLE. WHO GETS WHAT AND HOW? - IN SIMPLE TERMS.
EXACTLY What Is Native Title, and what will those signing off on Native
Title Be Getting From The Crown In Return for their signature ? Are the
Tribes being told they will get one standard of rights and ownership of
'Traditional' lands whilst being delivered a completely different
standard ? Is the Crown being open and fair in its' Native title
dealings with the Tribes ? Are the solicitors and others who 'legally'
represent the PBCs aware of what they are doing ? Are the Crowns' courts
that hear these matters even competent to do so - or are they
disqualified due to a blatant conflict of interest because the people
sitting on the benches being paid by one party to the argument ? Does
the Crown own Tribal lands ? Are Tribal lands the Crowns' to 'give' back
to the Tribes or are they the Tribes' to give away under the Crowns'
scam of Native title ?
In order to 'claim' Native Title a 'claimant
group (not a Tribe) must make an application as a 'Traditional' Owner of
the concerned lands. The term 'Traditional' (in a legal context - and
after all we are talking in a legal context when we talk about the legal
process of Native title) comes from the following legal term/s: (from
Black s Law Dictionary - HENRY CAMPBELL BLACK, M.A.ST. PAUL, MINN. WEST
PUBLISHING CO. 1910).
TRADITION: Delivery. (the word is) A
close translation or formation from the Latin "traditio." 2 Bl. Comm.
307. - The tradition or delivery is the transferring of the thing sold
into the power and possession of the buyer. Civ. Code La. art. 2477.
TRADITIO: - (this is the word that the English word Tradition comes
from) it is from the Latin In the civil law. It means the delivery; or
transfer of possession; a derivative mode of acquiring, by which the
owner of a corporeal thing, having the right and the will of aliening
it, transfers it for a lawful consideration to the receiver. Heinecc.
Elem. lib. 2, tit. 1, § 380.
CORPOREAL: A term descriptive of such
things as have an objective, material existence; perceptible by the
senses of sight and touch; possessing a real body. Opposed to
incorporeal and spiritual. Civ. Code La. 1900, a r t 460; Sullivan v.
Richardson, 33 Fla. 1, 14 South. 692.
So...if you are a
'TRADITIO-nal' Owner....you are someone who has traded your land to
someone else. The first part of the con job.
Accordingly, and
logically, if you are asking the Crown for some of that land 'back'
under NATIVE title you are now asking for some of the lands you
apparently 'sold' to the Crown, back from the Crown, under the terms of
the Crowns' registered Native Title.
So; lets have a look at that word 'Native' and its' true LEGAL meaning.
NATIVE: (From the Latin word NATIVUS) A natural-born subject or
citizen; a denizen by birth; one who owes his domicile (right to have a
home) or citizenship to the fact of his birth within the country
referred to. (EG: the Crowns' Corporate State of Australia)
NATIVUS:
Lat In old English law, a native; specifically, one born into a
condition of servitude (a slave); a born serf or villain (a Criminal).
Then, also consider that under the Crowns' Native (Slaves) Title, the
lands DO NOT get returned to the Tribes' people...they are merely
'vested' in a PBC - a Prescribed Body Corporate, which is a corporation
registered to the Crowns Office of the Registrar of Indigenous
Corporations (ORIC) - and when the Crown is ready...its' Registrar will
appoint an administrator who will then sell those lands out from under
the Tribes via the PBC, and, HEY ! PRESTO !, the land laundering is
complete.
Have you ever wondered why the two legal terms that all
the Native Title legislation relies on, 'Traditional' and 'Native', are
not defined in Part 15 of the Native Title Act (where everything else is
'defined') ?
Maybe it is because the Crown is committing extrinsic
fraud and extortion, amongst other crimes, against the Tribes using
these legal terms and don't want us to know about it ?
The reason
the Crown insists upon the Tribes negotiating via its' Native Title scam
is clear. Without the Tribes signing an Indigenous Land Use Agreement
(think about the name for a second) there is no agreement between the
tribe/s and the Crown as to ownership and occupation rights/costs of the
Tribes lands. The Crown needs its' fraudulent Native Title process to
coerce Tribes into giving rights over a Tribes' lands to the Crown for
the consideration of 'Native' or 'Slaves' Title over a small portion of
that Tribes' lands.
Why do the tribes need to give consent via the
'Native Title' process to the 'Indigenous Land Use' Agreement (ILUA) if
the Tribe isn't the owner of the concerned lands to be 'used' ?
The
Crown knows this. According to advice given by Dr Stephen Davis (Samuel
Griffith Society Volume 9 Chapter Eleven), the issue of Sovereignty over
this continent is open for contention and it the Crowns' domestic
courts do not have a right to determine the arguement. The issue of
'Royalties' or, to put it simply - 'payment', for minerals etc removed
from our lands, both in the past AND in the future, is one thing that
needs addressing.
Have you ever wondered why one of the first things
that 'Native' Title applicants are required to do, is sign off, at
Point 'Q' of the 'Native' Title Application Form, and grant ownership of
OUR mineral and other resources to the Crown ?
There is no part of the Native Title process which provides an advantage to the Tribes in any form.
The whole Native Title process has been designed to 'legally thieve'
ownership of Tribal lands from the Tribes and hand it to the Crown. What
is meant by 'legally thieve' is that this is done according to the
Crowns' corporate legislation/statutes which have only ever applied to
Her Majesties subjects - something the Tribes have never been.
The
only claim ever put forward by the Crown in respect of Tribal lands was
founded in the ancient Roman concept called 'Terra Nullius'. This
particular rort was debunked as a myth by the Crowns' own High Court in
Mabo (2). The Crown had to accept that its' assertion of Sovereignty,
based upon a fraudulent claim that this land was unoccupied and or
waste, was baseless in fact and just plain incorrect at law.
Now,
let's open the legal position of the Crown up to analogy. Just imagine
you get pinched for driving without a licence. You go to court and tell
the court you didn't think you needed a licence because of your
Sovereignty. The magistrate then decides that you are wrong and finds
you guilty.
Wouldn't it be amazing if you were allowed to just walk
from that court and continue to do as you did before the hearing without
ANY need for restitution for your illegal actions to date AND the
self-proclaimed right to bash anyone who properly questioned your right
to continue in your criminal ways.
Well, that's EXACTLY what the Crown did after Mabo !!!
It just ignored the umpires' decision (even though the Crown owned the
umpire that found against the Crown) and continued to 'drive without a
licence', so to speak, in respect of Sovereignty on this continent.
In 1970, the UN passed Resolution 2625 (XXV), that requires:
Every [UN Member] State (eg: Australia) has the duty to promote,
through joint and separate action, realization of the principle of Equal
Rights and Self-Determination (ER&SD) of [Tribal] peoples, in
accord with the provisions of the [UN] charter, and to render assistance
to the United Nations in carrying out the responsibilities entrusted to
it by the Charter regarding the implementation of the Principle, in
order:
(a) To promote friendly relations and co-operation among States; and
(b) To bring a speedy end to colonialism, having due regard to the freely expressed will of the peoples [Tribe] concerned.
and bearing in mind that subjection of peoples [Tribes] to alien
[Crown] subjugation, domination and exploitation constitutes a violation
of the principle [of ER&SD], as well as a denial of fundamental
human rights, and is contrary to the [UN] Charter.........
........The establishment of a sovereign and independent State, [or] the
free association or integration with an independent State or the
emergence into any other political status freely determined by a people
[Tribe] constitute modes of implementing the right to self-determination
by that people [Tribe].
The reason the Crown forces us to go down
the road of Native Title is because THAT is the option which leads the
Tribes to the point of '... free association or integration with an
independent State' : in this case 'Australia'.
We also have the
right to establish our own independent SOVEREIGN State. But the Crown
hasn't told Us that - has it ? Those who the Crown has selected to talk
for us at the UN won't say much about it either. No need to wonder why.
Gunham Badi Jakamarra
Convenor
Original Sovereign Tribal Federation (OSTF)
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