You are on page 1of 101

Yidindji

Dominion and Sovereignty

What these meetings are all about?


To give people the ability to make an informed choice which system they want to be in Dominion and Sovereignty Or The State

It is all about words


Dominion- Control; possession Sovereign- Characteristic of or endowed with independent and supreme authority

Dominion and Sovereignty


1. About getting people back on land. 2. Re-establishing tribal law on land. 3. Not about one man taking everyone else's land. 4. Preventing the State from taking possession of the sovereigns land.

The State
1. 2. What to expect when interacting with Sovereign Tribal people. How to interact with Sovereign Tribal people.

3.

What standing a citizen of the State has.


To understand

What the State is

Examples of the State in Action


Native Title

Combined Dulabed Malanbarra Yidinji People v State of Queensland [2009] FCA 1498 Ngadjon-Jii People v State of Queensland [2007] FCA 1937 Mundraby v State of Queensland [2006] FCA 436

How did Native Title affect the tribes


Not allowed to erect permanent structures. Only allowed to camp. Must acknowledge that the Crown owns all the minerals, petroleum, gas. Cannot use the Native Title areas for commercial purposes. Must recognise and come under the laws of the Commonwealth, State and local Governments

As a general rule, once they are extinguished, native title rights can never be recognised again under Australian law.
Page 49

Published by the National Native Title Tribunal. Commonwealth of Australia April 2004

Definition of words in the Native Title


Nativus- A person who is born a villain or serf
Legal Title- A title that evidences apparent ownership but does not necessarily signify full and complete title or a beneficial interest

Legal- That which according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. The equitable owner, is he who has not the legal estate, but is entitled to the beneficial interest. The person who holds the legal estate for the benefit of another, is called the trustee; he who has the beneficiary interest and does not hold legal title, is called the beneficiary. (Bouviers)

Traditional Owners
Traditio- The simple delivery of a piece of property by one person to another with the intention of transferring ownership Owner- One who has the right to possess, use, convey something

Native Title
Those people that are holding legal title to the area are trustees Trustees are not the beneficiaries, they are serfs. Native Title gives legal title of the land to traditional owners (trustee) and makes the State the beneficiary Why do tribal inhabitants have to ask for titles to their lands from an inferior law originating out of Washington DC?

Did Yidindji sell or give the land away?


If tribal inhabitants sold the land there would be some form of record, a bill of sale etc showing the signature of a Yidindji tribal man.

If the tribal inhabitants gave the land away there would be some form of record, lease or treaty etc showing the signature of a Yidindji tribal man. Should the State have to prove lawful possession of the land?

Who owns the Earth


Authorised King James version 1611

Genesis 1:1 In the beginning GOD (Goopy Gimpy) created the heaven and the earth. Genesis 1:26 And GOD said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.

GOD (Goopy Gimpy) must own the Earth


If GOD created the earth then GOD must be the owner (Copyright laws) How can we be owners of a piece of land (Land Title)? Would us claiming ownership be contempt of the Bible? Tribal people are custodians or keepers of the land having dominion
(Pacific Islander Protection Act 1875) (Authorised King James Bible 1611)

Man to enjoy GODs creation


Authorised King James version 1611

Genesis 1:28 And God blessed them, and God said unto them, Be fruitful, and multiply, and replenish the earth, and subdue it: and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth.

Tribal Law/ Bible


Does tribal law not sound like the rules in the Bible? The tribal people are the custodians of the land. It was theirs to use. It was theirs to protect. Cause no harm or injury to other men. Be honourable in all dealings. Is the Bible the written laws of the European tribal people?

Tribal Laws
Was tribal law the first law on this land? Was tribal law a fair law? Does Yidindji still have its tribal laws? Is State law superior to Yidindji law?

The Queens Coronation Oath 1953


Archbishop. Will you to the utmost of your power maintain the Laws of God and the true profession of the Gospel? Queen. All this I promise to do. Did the Archbishop of Canterbury at the Queens Coronation not state We present you with this Book, the most valuable thing this world affords. Here is wisdom. This is the Royal Law. These are the lively oracles of God. Is she telling us that this is the rule book that the sovereigns of Europe are following, remembering she made a promise in front of GOD?

Which Bible is the most valuable thing the worlds affords?


Which bible did she promise to uphold?

The Authorized Version, commonly known as the King James Version, King James Bible, AV, KJB, or KJV, is an English translation of the Christian Bible by the Church of England begun in 1604 and completed in 1611. First printed by the King's Printer Robert Barker, this was the third official translation into English.

LAW
All Laws in Australia, Queensland or Local Councils are for Persons
All acts, statutes, regulation, by-laws codes etc all refer to persons.
(Example) Aboriginal person means a person of

the Aboriginal race of Australia.


Crimes Act 1914

The Person
What is a person? Person- So far as legal theory is concerned; a person is any being whom the law regards as capable of rights and duties. Do we need a person? If so what is our person?

What the Bible says about persons


Authorised King James version 1611

Job 32:21 Let me not, I pray you, accept any mans person, neither let me give flattering titles unto man. Romans 2:11 For there is no respect of persons with God. James 2:9 But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors.

GOD has no respect for persons and states that we should not have any respect for persons either The Queen at her coronation stated that she would uphold the laws of the Bible, therefore she cannot have respect for persons Person and man are 2 different things

What is the State


What is the Commonwealth of Australia?

What is Queensland?

Commonwealth of Australia 0000805157

Symbols of Commonwealth of Australia

Trademark- A word, logo, phrase or other graphic symbol. The main purpose of a trademark is to designate the source of goods or services. In effect, the trademark is the commercial substitute for ones signature

State of Queensland Australia 0001244818

What is the Crown/ State?


The Crown is Commonwealth, state or territory governments.
Published by the National Native Title Tribunal. Commonwealth of Australia April 2004

Government- The structure of principles and rules determining how a state or organisation is regulated, an organisation through which a body of people exercises political authority; the machinery by which a sovereign power is expressed. De facto Government- A government that has taken over the regular government and exercises sovereignty over a nation.

Democracy- Form of government in which the sovereign power is exercised by the people in a body Society- A community of people/ an association or company of persons united by mutual consent Nation- A large group of people having a common origin, language and tradition and usually constituting a political entity

Australian Citizenship Act 2007


An Act relating to Australian citizenship Preamble The Parliament recognises that Australian citizenship represents full and formal membership of the community of the Commonwealth of Australia, and Australian citizenship is a common bond, involving reciprocal rights and obligations, uniting all Australians, while respecting their diversity. The Parliament recognises that persons conferred Australian citizenship enjoy these rights and undertake to accept these obligations: (a) by pledging loyalty to Australia and its people; and (b) by sharing their democratic beliefs; and (c) by respecting their rights and liberties; and (d) by upholding and obeying the laws of Australia.

Who can apply for native title?


Can a tribal man apply for a Native Title Consent Determination? Or is it a citizen of Australia or Queensland. Does a citizen of Australia have any standing in Yidindji tribal law? Can you be a tribal man as well as being a citizen?

Citizens and Persons Definitions


Citizen- A person who is a member of a political community Person- So far as legal theory is concerned; a person is any being whom the law regards as capable of rights and duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are attributes. It is only this respect that persons possess juridical significance, and this exclusive point of view from which personality receives legal recognition.

Artificial person- An entity, such as a corporation, created by law and given certain legal rights and duties of a human being; a being, real or imaginary, who for the purpose of legal reasoning is treated more or less as a human being Corporation- An entity having authority under law to act as a single person distinct from the shareholders who own it. A corporation is an artificial being, invisible, intangible and existing only in contemplation of law

The State created and owned Person


The Birth Certificate is created by the State, hence the State owns that certificate or persona. The registration of the birth of a child creates an identity in the State (Commencement of the identity in Australia)

Your identity in Australia starts here

Using that Identity


You show the State that you are happy with that identity by using it. Think about the first time you used the birth certificate.

It is the foundation document to construct the rest of the documents that follow.

How the Man walks off the Land

How the Man walks off the Land

Is this a Sovereign or a Citizen

Registering a birth in Queensland

Birth registration application guidelines


By law, you are required to register the birth of your baby. If it is compulsory then why do we have to apply? Is the State forcing us under duress to apply? You only apply for something that is voluntary? Or is there something else?

Registering a birth in Queensland


If your child was born in Queensland, whether born alive or stillborn, you must register the birth. What Queensland are they referring to?

It is compulsory for citizens of Queensland if you choose to be one.

Becoming an Australian Citizen


There are a range of ways you can become an Australian citizen.
(Birth Certificate) Generally, you become an Australian citizen automatically if you are born in Australia and one or both of your parents are Australian citizens or permanent residents when you are born. Acquiring citizenship by application: 1. The first is citizenship by descent 2. The second is citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption 3. The third is citizenship by conferral (Pledgeing) 4. The fourth is resuming citizenship

Australian Citizenship Act 2007

The State supplied Birth Certificate

Definition of words used in the Birth Certificate


Birth- To become a holder of property Registered- To check in with the clerk of court before a judicial proceeding Child- A person under the age of majority When and Where- These words are used in a plea when full defence is made the form is, "when and where it shall behove him." This acknowledges the jurisdiction of the court

Born- A showing that an infant, at the time of birth, was capable of living a separate and independent existence Name- A word or phrase identifying or designating a person or thing Parents- An individual or agency whose status as guardian has been established by judicial decree Guardian- One who has the legal authority and duty of care for anothers person or property because of the others infancy, incapacity or disability.

Surname- 2. They are called surnames, because originally they were written over the name in judicial writings and contracts. (Bouviers) Issue- A class or series of securities that are simultaneously offered for sale Informant- One who informs against another about a crime

Residence- The place where a corporation or other enterprise does business or is registered to do business Witness- One who gives evidence in a cause before a court

Why is the Birth Registration submitted to a court? Was there a crime committed?

Is this what happened?


At the time of birth the mother informed (informant) in the court of a crime that took place surrounding the birth by checking (registering) in with the clerk of the court. She acknowledged or was behove to the jurisdiction of the court (when and where) and that the infant was capable of a separate existence (born). The parents gave a surname further showing that they were seeking a judicial writing or contract. She informed that she was in business (selling babies) at her residence and from this the judge made a judicial decree that the mother and father are now parents and as such are the guardians of anothers person (the property of the State). There was witnesses to such crime and testified with evidence. The State having to look after all these infants had to sell (issue) the infant (security) to raise the money to support the infant. The State is the holder of the property (birth).

Who bought the infant?

Application for Citizenship


As mentioned in the Australian Citizenship Act 2007 there are 4 ways of applying for citizenship.

Do we not apply to get a Birth Certificate?

Citizenship in Australia
Citizen- A person who is a member of a political community In- Under or based on the laws of Member- One of the individuals of whom an organisation or a deliberative assembly consists, and enjoys the full rights of participating in the organisation Contract- The legal relations resulting from the operative acts, consisting of a right or rights in personam and their corresponding duties, accompanied by certain powers, privileges and immunities.

Obligation- A legal or moral duty to do or not do something. Duty- A legal obligation that is owed or due to another and needs to be satisfied; an obligation for which somebody else has a corresponding right. Right- A legally enforceable claim that another will do or not do a given act. Apply- To make a formal request or motion Pledge- He who becomes security for another Belief- A state of mind that regards the existence of something as likely or relatively certain

What are the Rights given to Australian Citizens


Privileges what Australia will give you

As an Australian citizen you have the right to: Vote in federal and state or territory elections, and in a referendum (If it is a privilege then why is it a duty) Apply for work in the Australian Public Service or in the Australian Defence Force Seek election to parliament Apply for an Australian passport and re-enter Australia freely Receive help from an Australian official while overseas Register children born overseas as Australian citizens by descent.

Australian Citizenship: Our Common Bond

What are the Responsibilities of Australian Citizens


Responsibilities what you will give Australia

As an Australian citizen you must: Obey the law (All Laws) Vote in federal and state or territory elections, and in a referendum Defend Australia should the need arise Serve on a jury if called to do so.
Australian Citizenship: Our Common Bond

Which Australia?
Which Australia are you applying for citizenship in? Is it this Australia as shown by this flag and symbol?

Follow the Flags


To make it easier to follow the trail of dots we can just follow the flags of the nations to the top. This will show who is who and where the ultimate authority is for these corporations

Flags and Flag Laws


Flag- Something symbolised by the display of a flag, such as when a ship or nationality Law of the Flag- The law of a nation whose flag is flown by a particular vessel where it is registered The nations laws govern the ships internal affairs
Could the above ship include CITIZENSHIP?

Australian and State Flags


Australia has three official flags: the Australian National Flag, the Australian Aboriginal Flag and the Torres Strait Islander Flag.

Australia the International Citizen


Australia is proud of its role as a good international citizen. Australian Citizenship: Our Common Bond How can the land be a citizen? What would Australia be a citizen of?

United Nations
Organization membership

Australia joined United Nations in 1 November 1945.

Australia and the United Nations


Australia is a founding member of the UN, an active participant in UN institutions for over 65 years and the 12th largest contributor to the UN regular and peacekeeping budgets. Australia held the first Presidency of the Security Council in 1946. Australia is one of the top ten contributors to the World Health Organization; World Food Programme; UN Children's Fund; UN Central Emergency Response Fund: UN High Commissioner for Refugees; and UN Trust Fund for Indigenous Populations.
Department of Foreign Affairs and Trade http://www.dfat.gov.au/un/index.html

The United Nations


Could the United Nations be a corporation? Could a sovereign or group of sovereigns own the United Nations. If they own the United Nations would they not own all that is associated with it? (Could that include Australia and Citizens)

Organisation Membership
Organisation- A body of persons formed for a common purpose

Member- One of the individuals of whom an organisation or a deliberative assembly consists, and enjoys the full rights of participating in the organisation

Citizenship- The quality of a persons conduct as a member of a community Community- A society or group of people with similar rights or interests. So- if Australia was a good citizen of the United Nations then Australia would have to obey all the rules, regulations and laws of that organisation?

How about Membership of IMF


Australia joined August 5, 1947 The IMF currently has a near-global membership of 188 countries. To become a member, a country must apply and then be accepted by a majority of the existing members. A member country's quota defines its financial and organizational relationship with the IMF, including: Subscriptions A member country's quota subscription determines the maximum amount of financial resources the country is obliged to provide to the IMF. A country must pay its subscription in full upon joining the IMF: up to 25 percent must be paid in the IMF's own currency, called Special Drawing Rights (SDRs) or widely accepted currencies (such as the dollar, the euro, the yen, or pound sterling), while the rest is paid in the member's own currency.

Australia is a corporate citizen of the IMF

How about other Memberships? What else is Australia a Member of?


IAEA UNESCO

UNICEF

WHO

By Association
If you are a citizen of Australia then by association you must be a citizen of the United Nations.
You would then have to obey all laws and rules from Australia and the United Nations. What about other organisations that Australia is a member of?

Is this the Australia you thought you were from?

What are the laws of this Great Land


If the original constitution was a British law having jurisdiction over British subjects then that law originated from Britain. If the corporate constitution belongs to a company registered in Washington DC then that law originated from Washington DC.

Yidindji tribal laws belong to the Yidindji tribal people then that is the only law that is from and on Yidindji tribal lands. What other laws are left?

Was the land empty before Captain Cook?


The High Court has:(a) rejected the doctrine that Australia was terra nullius (land belonging to noone) at the time of European settlement
Native Title Act 1993

Fatal impact The early governors were told not to harm the Aboriginal people, but the British settlers moved onto Aboriginal land and many Aboriginal people were killed. Settlers were usually not punished for committing these crimes.
Australian Citizenship: Our Common Bond

Captain Cook
Captain Cook was instructed: You are likewise to observe the Genius, Temper, Disposition and Number of the Natives, if there be any and endeavour by all proper means to cultivate a Friendship and Alliance with them, making them presents of such Trifles as they may Value inviting them to Traffick, and Shewing them every kind of Civility and Regard; taking Care however not to suffer yourself to be surprized by them, but to be always upon your guard against any Accidents.
Secret Instructions to Captain Cook, 30 June 1768

Did Captain Cook get consent?


You are also with the Consent of the Natives to take Possession of Convenient Situations in the Country in the Name of the King of Great Britain: Or: if you find the Country uninhabited take Possession for his Majesty by setting up Proper Marks and Inscriptions, as first discoverers and possessors.
Secret Instructions to Captain Cook, 30 June 1768

The first Inhabitants


The Indigenous cultures of Australia are the oldest continuing cultures in the world. Australias Indigenous people have lived here for between 40000 and 60000 years.
Australian Citizenship: Our Common Bond

British Settlement
When they first settled in Australia, the British Government did not make a treaty with the Aboriginal people. The Indigenous people had their own economies and an ancient connection to the land. The Government could not recognise this because there were no such systems or beliefs in Europe. Aboriginal people did not grow crops or set up homes to stay in one place as the British did, so the Government thought they had no sense of ownership. The Government FELT FREE TO TAKE over the land.
Australian Citizenship: Our Common Bond

The Government felt free to take over the land.


What would happen if you simply felt free to take a police car for example?

That would be classed as stealing, robbery or theft by the police, you could go to jail? What is the difference here?

The State and their own Rules


Chapter 38 Stealing with violenceextortion by threats 409 Definition of robbery Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to its being stolen, is said to be guilty of robbery.
Criminal Code 1899

Schedule 1 The Criminal Code 1899 Part 6 Offences relating to property and contracts Chapter 41 Receiving property stolen or fraudulently obtained and like offences (a) a thing that has been obtained by way of an act constituting an indictable offence 433 Receiving tainted property (1) A person who receives tainted property, and has reason to believe it is tainted property, commits a crime. Maximum penalty (a) if the property was obtained by way of an act constituting a crime14 years imprisonment
Criminal Code 1899

Where did the State get lawful possession of the land? They did not get lawful possession They just felt free to take over the land This is a tort and there is no time limitation on torts. Stolen property (tainted property) always remains the property of the one having lawful possession

The Land
What was this land called 500 years ago? Is Australia a colonial name? In 1817 Governor Macquarie of New South Wales received a copy of Flinders' book, and started to use 'Australia' in his official correspondence and by the end of the 1820s 'Australia' was commonly used as the continent's name. Is Queensland a colonial name? Queen Victoria granted approval and signed Letters Patent on 6 June 1859 to establish the new colony of Queensland. On the same day, an Order-in-Council gave Queensland its own constitution. What was New Holland?

What was Yidindji land called 500 years ago?

Yidindji

Pacific Islander Protection Act 1875


7. Saving of rights of tribes.-Nothing herein or in any such Order in Council contained shall extend or be construed to extend to invest Her Majesty, with any claim or title whatsoever to dominion or sovereignty over any such islands or places as aforesaid, or to derogate from the rights of the tribes or people inhabiting such islands or places, or of chiefs or rulers thereof, to such sovereignty or dominion

Pacific Islander Protection Act 1875

6. Power for Her Majesty to exercise Jurisdiction


over British subjects in islands of the Pacific Ocean. Office of High Commissioner.- It shall be lawful for Her Majesty to exercise power and jurisdiction over Her subjects within any islands and places in the Pacific Ocean.

Pacific Islander Protection Act 1875


Pacific Islander Protection Act 1875 is an Order in Council and have never been repealed or overturned by another Order in Council.

It is current today

Who are Yidindji people?


1. Are Yidindji tribal people Australians? 2. Are they British subjects? 3. Can Australia make laws for Yidindji?

Commonwealth of Australia [63 & 64 VICT.] Constitution Act.


51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:(xxvi) The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws 127. In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted.

Gillard speech to miners 31-5-2012


She told some of the industry's major players that Australians did not begrudge them their success. "But I know this too: they work pretty hard in car factories and panel beaters and in police stations and hospitals. "And here's the rub: you don't own the minerals; they own it and they deserve their share," she added. "Governments only sell you the right to mine the resource - a resource we hold in trust for a sovereign people." But the mining industry warned the Prime Minister her plan to spread the benefits of the boom may not be sustainable.

What would happen if the SOVEREIGN PEOPLE come back and ask for their stuff (that the government is holding in trust) to be handed back?

If Yidindji are not Australian then who are they?


The first inhabitants of this land. The first custodians of this land. The first law on this land. A superior law (with the force of law) to all other statutes, acts, regulations, codes or constitutions.

A sovereign nation with dominion of their lands.

Real people on real land with all unalienable rights

Now the Choice to make


Mathew 22:21 They say unto him, Csars. Then saith he unto them, Render therefore unto Csar the things which are Csars; and unto God the things that are Gods.

Is the Queen telling us to give everything back to the State (Caesar) and travel along side with GOD (GOOPY GIMPY)

Is this the Path?


PSALM 16:11 Thou wilt shew me the path of life: in thy presence is fulness of joy; at thy right hand there are pleasures for evermore. ISAIAH 42:16 And I will bring the blind by a way that they knew not; I will lead them in paths that they have not known: I will make darkness light before them, and crooked things straight. These things will I do unto them, and not forsake them.

The Royal Law


Mathew 22:36 Master, which is the great commandment in the law? Mathew 22:37 Jesus said unto him, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind. Mathew 22:38 This is the first and great commandment. Mathew 22:39 And the second is like unto it, Thou shalt love thy neighbour as thyself. Mathew 22:40 On these two commandments hang all the law and the prophets.

It sounds like Tribal Lore


This all sounds very much like tribal lore and custom to me. We must be honourable in all our dealings. Look after our neighbours (but have no respect for persons)

Believe in GOD (GOOPY GIMPY)

Another point of interest, which Queen?

Her Majesty Elizabeth the Second, by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas Queen, Defender of the faith. In London, she was proclaimed as Queen Elizabeth the Second, by the Grace of God Queen of this Realm and of Her other Realms and Territories, Head of the Commonwealth, Defender of the Faith.

Further research
What is known as the International Bill of Human Rights is made up of: Universal Declaration of Human Rights (1948) International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966) Optional Protocol to the International Covenant on Civil and Political Rights Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

United Nations Declaration on the Rights of Indigenous Peoples

Slavery Convention

You might also like