26th January – illegal to celebrate genocide in failed state Australia

Ghillar Michael Anderson, London Otober 2016

Native Americans were successful in convincing one of the world's leading powers not to celebrate Columbus Day, the day that Native Americans argued began the changing of their whole world and the theft of their country. The British used the now condemned Doctrine of Discovery in right of the British Crown to seize the land in the first instance. Then the Irish and some other convicts, who made up the American colonial penal colony, rose against the British by declaring that they were no longer going to be dictated to by King George III and thus began a revolution for independence. Because the British were fighting the American war of independence, the planned date for Britain to invade Australia was set back.


Later the New South Wales Rum Corp had a similar opportunity for independence, just as Washington and Franklin had, when the Rum Corp rebelled against Governor Bligh, which resulted in Governor Bligh's return to England, leaving the colony of New South Wales without a Governor for two years, prior to the arrival of Lachlan Macquarie. It was during this time that there were major land grabs, which were never overturned by Lachlan Macquarie or anyone there after, and so began the squatter movement.


It is interesting now to realise that the colony of New South Wales was, in fact, a land truly stolen. One thing that hurts and disappoints First Nations Peoples is the fact that the High Court of Australia in Mabo (No. 2) failed its judicial obligations, when they could not identify any form of legal land tenure that affirmed any type of superior land title authority, yet the judges were prepared to openly commit a fraud by suggesting that the land titles from invasion onwards extinguished native title in the evolutionary process of land theft.


The full bench of the High Court in Mabo (No. 2) committed yet another fraud when it attempted to argue and rule that it is far too late in the day to correct the land tenure system:


It is far too late in the day to contemplate an allodial or other system of land ownership. Land in Australia which has been granted by the Crown is held on a tenure of some kind and the titles acquired under the accepted land law cannot be disturbed. [para 28 ] 


This contradicts the American Supreme Court rulings of the 1980s, which ruled that one hundred years prior the American government military forces through Colonel Custer and the Bureau of Indian affairs had committed offences against the Lakota/Oglaga Sioux in respect of the Treaty of Fort Laramie/Sioux Treaty (1868) and the Bureau of Indian Affairs failed to extend appropriated monies for the right reasons in respect of the Seminole tribe who were relocated from Manhattan Island and surrounds to a reservation in Northern Florida. The court awarded costs and compensation in favour of the Native Americans despite the offences occurring more than one hundred years before.


It is my argument that the Australian High Court in Mabo (No. 2) was wrong to suggest it is too late in the day to correct an internationally recognised wrongful act. This is a case of a thief looking after the thief. It is not natural justice.


For Australian Governments of today to suggest that every form of land title, except Crown land title, extinguishes our Native Title rights is nothing but a lie and a fraud against the public, not to mention Aboriginal Peoples.


There is now a desperate need for all of us to take stock of this lie because former Prime Minister John Howard committed one of the greatest frauds of all time when he amended the Native Title Act in 1998 to illegally grant authority to State governments to enact local Native Title Acts within the States that allege the States had gained a right to a beneficial title to land, despite the High Court ruling otherwise, that is they did not gain beneficial radical title.


But if the land were occupied by the indigenous inhabitants and their rights and interests in the land are recognized by the common law, the radical title which is acquired with the acquisition of sovereignty cannot itself be taken to confer an absolute beneficial title to the occupied land. [para 51]  


In order for PM Howard to allegedly confer beneficial title to the States, he had to suspend the Racial Discrimination Act 1975, in order to legislate the Native Title Amendment Act 1998 and permit the States to violate our land rights and to avoid paying compensation for compulsorily acquiring First Nations’ lands. In 2000 the UN condemned this action in response to the Sovereign Union complaints to UN treaty bodies, along with others. The UN CERD Committee responded by condemning PM John Howard's actions in the Concluding Observations by the Committee on the Elimination of Racial Discrimination: Australia. 19/04/2000.[ CERD/C/304/Add.101 ]


                  C. Concerns and recommendations

The Committee is concerned over the absence from Australian law of any entrenched guarantee against racial discrimination that would override subsequent law of the Commonwealth, states and territories. 


7. The Committee reiterates its recommendation that the Commonwealth Government should undertake appropriate measures to ensure the consistent application of the provisions of the Convention, in accordance with article 27 of the Vienna Convention on the Law of Treaties, at all levels of government, including states and territories, and if necessary by calling on its power to override territory laws and using its external affairs power with regard to state laws.



8. The Committee notes that, after its renewed examination in August 1999 of the provisions of the Native Title Act as amended in 1998, the devolution of power to legislate on the "future acts" regime has resulted in the drafting of state and territory legislation to establish detailed "future acts" regimes which contain provisions further reducing the protection of the rights of native title claimants that is available under Commonwealth legislation.


Previously in 1999 the CERD had concluded:


3. The Committee recognizes that, within the broad range of discriminatory practices that have long been directed against Australia's Aboriginal and Torres Strait Islander peoples, the effects of Australia's racially discriminatory land practices have endured as an acute impairment of the rights of Australia's indigenous communities.

[ CERD Decision 2 (54) on Australia : Australia. 18/03/99 ] 

In real terms this meant that Aboriginal Peoples are now owed hundreds of millions of dollars in compensation, which we are yet to claim, as well as the claim of ownership of all our lands. There are no land laws or legitimate processes in this country that legitimately take away our land title under our Law and Culture. This can only be achieved by negotiation with any respective First Nation prepared for forfeit land.


John Howard's Indigenous Land Use Agreements (ILUAs) is another illegal method by which English semantics are used to confuse our Peoples. An ILUA tricks you to 'surrender' all your legitimate claims to land within the claimed areas and First Nations Peoples are asked to legitimise the original land and resources theft without anyone understanding that is what the ILUA process is doing. Additionally, in an ILUA, signatories are authorising future acts thereby forfeiting the right to negotiate and right to compensation. Native Title lawyers and governments are committing a major crime against our Peoples by providing incorrect legal advice and working to mislead you of your true inherent rights.


We know this ILUA process is illegal but lawyers, white or black, in this country are not prepared to tell our Peoples of this illegal and deceitful regime. It is illegal because in all contractual arrangements if a signatory party is not fully informed of the true nature of the terms and outcomes of the contract then the contract is voided, because the people have been misled, misinformed and not made aware of the content in terms of the true intent and purpose of the ILUA.


These ILUAs recognise that you are the 'Traditional Owners' to the country claimed but then you forego all your rights and thus grant a beneficial title to the government and the occupiers of your land, when in fact the High Court ruled in Mabo (No. 2) that the Crown did not gain a beneficial radical title. Thus the process of ILUAs is in fact completely void and totally illegal.


If we are to be successful in our future survival, wellbeing and maintenance of the oldest cultures on earth, then we must act without any hesitation to claim all our sovereign inherent rights which we are entitled to. Some Nations are doing this through UDIs, Unilateral Declarations of Independence.


If, however, you take an assimilated approach then your only chance of limited justice is to lodge a claim like non-Aboriginal property owners would do to seek compensation under their colonial regime, that is, it is a constitutional right to be compensated for any loss of land through section 51 (xxxi):


(xxxi) the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws;  


Whereas under our Law and culture we own the lot and if the government wants to hold a title to it then compensation is a necessary requirement, if a respective Nation seeks to negotiate away any portion of their land.


The fact that Australia continues gross Human Rights violations and continuing genocidal policies and operations against First Nations Peoples, makes it absolutely necessary for us to campaign against Australia in the international community because Australia is indeed a failed State.


The time has come for us as Nations of Peoples to fight against this lie and tyranny. Genocide in any form cannot be tolerated and the perpetrators cannot continue to benefit from the proceeds of crime.


It is our intention to present the declaration Usurpation as Genocide to the Governor-General at Government House, Canberra on 26th January 2017. Usurpation as Genocide sets out the gruesome detail how Britain, the British descendants and Australian immigrants have and are benefitting from the proceeds of crime.


[ http://nationalunitygovernment.org/content/invasion-day-callout-canberra-26-january-2017 ]


[ http://nationalunitygovernment.org/content/su-request-governor-general-accept-declaration-and-proclamation-26-january ]




Michael Anderson 

Convenor of Sovereign Union of First Nations and Peoples in Australia

and Head of State of the Euahlayi Peoples Republic


Mogila Station, Goodooga NSW 2838


ghillar29@gmail.com,  0499 080 660



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Chris Graham, a prominent pro-Aboriginal journalist who has won awards for his work, criticised a TV ad by the meat industry which portrays Australia as a happily multicultural and all-inclusive society.

As a piece of advertising and marketing, it’s clever and well produced. But as a comment on Australian society and values…. well, no matter how much lipstick you put on a pig, it’s still a pig.

In a nutshell, the most exceptional thing about the MLA ad is its determination to avoid the elephant in the room. All it really is an aspirational statement about what our national values should be. Blokey BBQs, everyone being made to feel welcome, embracing all cultures etc etc. But while they might be our stated national values, they’re not our actual national values. Indeed they’re not even close.

Unfortunately, that’s the least of the MLA ad’s problems. It’s wrong and offensive not for what it says, but for what it doesn’t say.

For example, it said nothing about what the date of Australia Day actually represents. That is, the theft, dispossession and slaughter of another people. I’m sorry folks, but in the world of ‘choosing things to gloss over’, Australia’s treatment of its First Peoples really shouldn’t be on the list. It’s basically the Australian equivalent of Holocaust denial.

If you want to get just a tiny sense of how it might feel to an Aboriginal person to have their history ignored, try and imagine the public reaction if MLA made an ad about Anzac Day, and they mentioned everything except the sacrifice Anzacs made (and let’s not forget what happened to Woolworths when they made an ad that did mention the Anzacs).

If we want to heal the gaping wound of this nation, we’re not going to get there with funny ads for meat. And we’re definitely not going to get there by pretending the slaughter never happened, and that the dispossession isn’t ongoing. We won’t heal by merrily skipping past the most significant event in this nation’s history.

The second thing the ad didn’t say was the words ‘Australia Day’. Literally, the phrase wasn’t even uttered.

Not mentioning the words ‘Australia Day’ doesn’t make it not an ad about Australia Day. And Australia Day is the problem.

It’s a bit like doing an advertisement about rape, theft, dispossession and slaughter – all of the things that happened to Aboriginal people at the hands of invaders (and settlers, and more) – but neglecting to mention… the rape, theft, dispossession and slaughter. So instead, you just have a cast of happy, multicultural people essentially selling the message ‘it’s all okay now’. Oh, and ‘buy our meat’.

But it’s not all okay. Here are the facts.

We still jail Aboriginal people at – literally – world record rates. Western Australia has the highest Indigenous jailing rate on earth and it’s more than eight times greater than the jailing rate of black men during Apartheid South Africa.

In the Northern Territory, 96 per cent of children (and almost 90 per cent of adults) locked up are Aboriginal. They make up less than one third of the population.

Of the eight states and territories, only two – NSW and the Northern Territory – have anything remotely resembling fair and just land rights.

Poverty in regional and remote Aboriginal communities is endemic. Many resemble the third world.

Aboriginal people in some parts of Australia have the highest recorded rates of rheumatic heart disease on earth. This is a disease of poverty, borne of terrible living conditions. In many communities, it’s common to find dozens of people living in a single, run-down house.

And that’s just the blackfellas. Our national values, obviously, extend further than First Nations issues.

We still jail men, women and children on island hell-holes for the crime of seeking asylum. We make it intentionally torturous as a deterrence, in flagrant breach of international law.

An image from the early 1900s, in Western Australia. Aboriginal ‘chain gangs’ were common in the remoter parts of Australia, and used to transport prisoners between towns.

Men still kill one woman on average every week. At least one in five Australian women have been raped, but the true number is likely much higher. Many, many more have been sexually assaulted. Indeed, I could count on one hand the number of women I know personally who claim never to have been sexually assaulted. And I would have fingers left over.

In South Australia, men can still murder other men and claim the ‘gay panic defence’ – that they were terrified of a homosexual advance, and snapped. If they can convince a court of this, their crime is reduced to manslaughter.

Our military has participated in foreign slaughters (Syria, Iraq, Afghanistan) and we’ve turned a blind eye to others (Palestine).

We’re destroying our landscape, in particular the Great Barrier Reef, yet despite this we’re the third largest exporter of coal in the world. We have the fifth highest extinction rate on earth, and we’re in the top 10 for the highest number of mammals facing the threat of extinction.

And yet, if you drank from the MLA Cool-Aid and got your entire ‘national story’ from the lamb ad then you could be forgiven for thinking Australia is a tolerant, happy, well-adjusted nation. We are not, and never have been (and I’m not suggesting you would get your national story from an ad, but the MLA ad has become an important annual comment on Australian values, by design, thus it should be open to greater scrutiny).

The fact is, the nation I know bears no resemblance whatsoever to the nation being depicted in the lamb ads. It is entirely aspirational, and frankly, ‘aspirational’ is worth a pinch of shit when you’re still doing and denying much of what we did and denied almost 230 years ago.

On the upside, when an organisation like Meat and Livestock Australia – a body synonymous with ‘Aussie Aussie Aussie oi oi oi’ fudges on the words ‘Australia Day’ in the biggest advertising campaign of its calendar year, then you know the issue is now officially ‘on the nose’. Another welcome development, because Australia Day is to sensitivity and truthfulness as Donald Trump is to nuance and stability.

And again, on the upside, the fact that MLA can acknowledge Australia Day is poison should help open a national conversation about what January 26 really represents, and whether or not it should be retained.

On that front, it’s a pretty complicated issue, and it’s understandable that many Australians find it deeply confusing. So here’s a very quick, somewhat over-simplified guide to help you get your head around it.


Change the date

Aboriginal people have been protesting Australia Day since 1934. January 26 was officially proclaimed ‘A Day Of Mourning’ in 1938, and it’s also variously been called Survival Day and/or Invasion Day ever since.

By contrast, and contrary to popular belief, Australia Day has only been a national holiday since 1994.

There has long been a push within Aboriginal communities to ‘change the date’ to a day that is more inclusive… any date but January 26. In more recent years, however, some Aboriginal people – particularly younger Aboriginal people – aren’t even interested in that.

Long story short, Aboriginal views on ‘change the date’ are very mixed. But there is one issue on which a substantial number of Aboriginal people agree: no matter what the date is changed to, Aboriginal people will never celebrate Australia Day, because it doesn’t matter what day you move it to, it still represents theft and slaughter.. 

Australia Day - Invasion Day

'Most Australians celebrate Australia Day as the day Australia was founded. In contrast, Aboriginal people mourn their history and call it ‘Invasion Day’.'


10 things you should know about January 26

Much more has happened on this date beyond Arthur Phillip claiming Aboriginal land under the British Empire. As January 26 encroaches, we reflect some of the important historical moments.

And here's a bonus bit of info - You should know that...
It wasn't until 2013 that the Aboriginal flag and the Australian flag were raised together on Sydney Harbour Bridge for Australia Day ... "

Aus Day lamb ad draws criticism from Indigenous groups