.1r*#*,*
Ban Ki-moon, Secretary-General, United Nation, 405 East 42nd Street, New York, United States.
Ms. Victoria Tauli Special Rapporteur on the Rights of Indigenous Peoples, United Nation, 405 East 42nd Street, New York, United States. H.E. Mr. Durga Prasad Bhattarai Chairperson Special Political and Decolonization (Fourth Committee) United Nation, 405 East 42nd Street, New York, United States. The Hon. Tony Abbott MP, Prime Minister, Parliament House, Canberra, Australian Capital Territory, Australia. The Hon. George Brandis QC,
Commonwealth Attorney-General and Minister for Arts, Attorney-General' s Department, 3-5 National Circuit" Barton, Australian Capital Territory. Annastacia Palaszczuk MP, Premier of Queensland, PO Box 15185, City East, Queensland.
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Memorandum of Understanding for Treaty Negotiations between the Commonwealth of Australia and Sovereign Yidindji Government
The Sovereign Yidindji Government, extending the hand of friendship, now invite the Commonwealth of Australia to participate in this 'memorandum of understanding', to enter
into negotiations between representatives of the Commonwealth of Australia and Sovereign Yidindji Government, culminating in atreaty between the Commonwealth of Australia and the Sovereign Yidindji Government.
The intent of concluding a treaty is to correct the standing and validity of law of the Commonwealth of Australia, thus ensuring the survival of the Commonwealth of Australia. The Yidindji Nation, as so acknowledged, has survived from before the effects olthe 1788 colonisation. The Yidindji Nation has survived the effects of the de-colonisation. The
YidindjiNation
has survived the effects of the establishment of the Commonwealth
of
Australia.
Can the Commonwealth of Australia surr,'ive?
The facts as they stand as of Saturday the22"d day of August 2015. Commonwealth of Australia does not have:
l.
the consent of the Yidindji Nation to be upon Yidindji Territory
2. a formal agreement with the Yidindji Nation. 3. the authority vested in its Parliament by the Commonwealth
of Australia Constitution Act l90l to make laws tbr the peace, order and good government olthe Yidindji
Nation.
4. 5. 6.
the ability, other than fbrced assimilation, to enforce laws in the Executive and or Judiciary, created subject to the authority of the Commonwealth of Australian
Constitution Act 1901. the superior norm (Grundnorm) of law creation. a defined
territory, and more specifically with regards to the lands and territories of
the Yidindji Nation.
The State of Queensland does not have:
7. the consent of the Yidindji Nation to be upon Yidindji Territory. 8. a formal agreement with the Yidindji Nation. Page 2 of 6
9.
the authority vested in its Parliament by the Constitution of Queensland Act 2001 to make laws for the peace, order and good government of the Yidindji Nation.
ability, otherthan forced assimilation, to enforce laws in the Executive and or Judiciary, created subject to the authority of the Constitution of Queensland Act 2001 I 1 . the superior r"rorm (Grundnorm) of law creation. 12. a defined territory, and more specifically with regards to the lands and territories of 10. the
the Yidindji Nation.
The Yidindji Nation has: 13. the superior norm
(Grundnorm) of law creation.
authority to make laws for the peace, order and good government within Yidindji Territories through the interim Sovereign Yidindji Government vested in it with the
14. the
Yidindji Tribal Council of Elders. 15. a defined territory, and more specifically with regards to the lands and territories of the Yidindji Nation. consent of the
The benefit of this Memorandum
of Understanding:
16. To produce a clear and defined roadmap culminating in a treaty.
I7. Both parties will have given free, prior and informed consent in a manner that is comprehended by both parties. 18 Both parties will have fuI1 comprehension in unambiguous terms, the conditions of
a
long lasting and binding treaty. 19. Both parties
will
be able to convey all their aspirations in good faith whilst
maintaining confi dential ity. 20. Both parties will be able to maintain the peace until the conclusion of a successful treaty.
The benefits of a Treaty are: 21. Ensure the Commonwealth of Australia inflict no further harm or injury upon the
YidindjiNation. 22. Ensure no further harm, injury, or disaffection of the Australian Constitution takes place.
23
The Commonwealth of Australia
will
be granted connectivity to the superior norm
(Grundnorm) possessed by the Aboriginal Nations and in this instance the Yidindji Nation.
24.The Commonwealth of Australia and Australian citizens having validity at law to be present upon Yidindji Territory. Page 3
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25. The settling of the issues of past Australian Governments perpetrated against the Yidindji people by agents and or offrcers of the Commonwealth of Australia. 26. The settling of the issues of past Queensland Governments perpetrated against the Yidindji people by agents and or officers olthe State of eueensland. 27 . The securing of the future tbr the Commonwealth of Australia to be present upon
Yidindji Territory. 28. The securing of the future for the State of Queensland to be present upon Yidindji Territory. 29. The Commonwealth of Australia will be able to call itself a true nation with a defined territory. 30. The Yidindji Nation will be able to take part in the life of the Commonwealth of Australia if we so choose, in keeping with the United Nations Declaration on the Rights of Indigenous Peoples, ar-ticle 5. 31. Maintenance of peace over Yidindji Territory indefinitely.
Defining a clear roadmap leading to a formal agreement is essential for the successful conclusion of a formal agreement initiated by the entering into this Memorandum of Understanding. Both parties, the Commonwealth of Australia and the YidindjiNation must enter into these negotiations in good faith Should the Commonwealth of Australia decline to enter into this initial step, this Memorandum of Understanding, by the l" day of October 2015. it will be taken as a statement of fact that the Commonwealth of Australia refuses to have consent of the Yidindji
Nation to be present upon Yidindji Territory. It further displays the unw.illingness of the Commonwealth of Australia to enter into any formal agreements with the Yidindji Nation to settle the past and secure the future for all peoples involved. We, the Sovereign Yidindji Government now make this request of the Commonwealth of Australia to make a fonnal reply as to the willingness of the Commonwealth of Australia to enter into the process of negotiating a formal agreement to accept this first step offered by the
Sovereign Yidindji Government, by having a representative of the Commonwealth of Australia make formal acceptance of this Memorandum of Understanding for Treaty Negotiations between the Commonwealth of Australia and the Sovereign Yidindji government.
The offer now made: o'We the Sovereign
Yidindji Government offer and invite the Commonwealth of
Australia to enter negotiations for the successful conclusion of a treaty between the Commonwealth of Australia and the Sovereign Yidindji Government." The offer now made; does the Commonwealth of Australia accept? Page 4
of6
Please address all wriuen replies and or correspondence to the
following address and
as an
act of 'Good Faith' exactly as written below to ensure that the response is directed to the
Sovereign Yidindji Government. Any other address on the response will be taken to be addressed to an Australian citizen and or person and
will
be unclaimed, returned and an act
of
'Bad Faith'.
To: Gunily Gudju-Gudju Gimuybara, Gama Jimurru, Sovereign Yidindj i Govemment, Gimuy. [Care of Post Office Box 1298, Mareeba, Queensland,
Australia.l
Any other style of format will be deemed as an act of bad faith and insulting to the Original Tribal Laws of Yidindji.
For and on behalf of the Sovereign Yidindji Government
Gudju-Gudju Gimuybara Saturday, the22"d day of August 2015.
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Definition of Certain Words Used: Good Faith- a state of mind consisting in honesty, faithfulness, observance of reasonable standards offair dealing, and absence ofintent to defraud or to seek unconscionable conduct.
(Yidindji Legal Dictionary l't edition) Norm- In the context of Han Kelsen's legal positivisms, a legal rule. According to Kelsen, within every legal system there is a hierarchy of norms. A norm can be created by statute, judicial decision and interpretation, or the terms of private contracts (LexisNexis Concise Australian Legal Dictionary) Sovereign Yidindji Government- The legal entity having the attributes of a person as a holder of certain rights and obligations and so authorised as the legislator to make constitutional norms for the peace, order and good government within the territory of the
Yidindji Nation. (Yidindji Legal Dictionary 1't edition) Treaty- An agreement formally signed, ratified, or adhered to between two nations or sovereigns; an international agreement concluded between two or more states (Yidindji Legal Dictionary 1't edition)
Yidindji Territory- An identified
segment of land, sea, airspace, or resources under the
jurisdiction of a Yidindji, over which Yidindji has power being separate and distinct from the territorial jurisdiction of another state. (Yidindji Legal Dictionary 1't edition)
yidindji Tribal Council of Elders-
The body of senior lawmen, appointed by the ancient
Yidindji Society, who can speak for and on behalf of country that come together for proposes of law creation and or dispute resolution within the ancient Yidindji Society. (Yidindji Legal Dictionary 1'1 edition) system of law and custom observed by the
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