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Ban Ki-moon, Secretary-General, United Nation, 405 East 42nd Street, New York, United States.
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Ms. Victoria Tauli Special Rapporteur on the Rights of Indigenous Peoples, United Nation, 405 East 42nd Street, New York, United States.
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H.E. Mr. Durga Prasad Bhattarai Chairperson Special Political and Decolonization (Fourth Committee) United Nation, 405 East 42nd Street, New York, United States.
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The Hon. Tony Abbott MP, Prime Minister, Parliament House, Canberra, Australian Capital Territory, Australia.
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The Hon. George Brandis QC, Commonwealth Attorney-General and Minister for Arts, Attorney-General’s Department, 3-5 National Circuit, Barton, Australian Capital Territory.
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Annastacia Palaszczuk MP, Premier of Queensland,
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PO Box 15185, City East, Queensland.
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The Hon. Yvette D’Ath, The Attorney-General and Minister for Justice, Level 18, State Law Building, 50 Ann Street, Brisbane, Queensland.
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Ian Stewart, Commissioner, Queensland Police Service, GPO Box 1440, Brisbane, Queensland.
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Queensland Police Service, Cairns Police Station, Officer in Charge Cairns Police Station, 5 Sheridan Street, Cairns, Queensland.
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Registrar, Cairns Court House, Sheridan Street, Cairns, Queensland.
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Notice of Further and Better Particulars The intent of this Notice is to seek further and better particulars regarding the arrest, detention and forced assimilation of one of the Yidindji Tribal Peoples, namely Murrumu Walubara Yidindji. The arrest and detention occurred within the Yidindji territory Facts as they appear. 1. The man known as Murrumu Walubara rescinded all his contracts with the Commonwealth of Australia in 2014, to revert back to his participation in the Yidindji Tribal Laws.
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2. The man known as Murrumu Walubara informed the Commonwealth of Australia by way of written notice delivered by registered mail that he rescinded surety-ship for the State created and or owned name Jeremy David Joseph GEIA on the 29th day of March 2014. 3. The man known as Murrumu Walubara is a member of the Gimuy Clan of, the northern rainforest based Aboriginal society, the Yidindji Tribal People. 4. The Yidindji Tribal People were excluded from the Federation of the six colonies to form the Commonwealth of Australia. 5. The people of the Commonwealth of Australia have not taken a referendum to change and or amend the Australian Constitution to allow the entry of the Yidindji Tribal Society to participate in the political, economic, social and cultural life of the State known as the Commonwealth of Australia. 6. The Yidindji Tribal People notified the whole world of the intent to autonomy and self-government on the 7th day of January 2013 by way of written notice delivered by registered mail. (Attachment 1) 7. The Yidindji Tribal People have developed the Sovereign Yidindji Government using as a guide, the International Covenants of Economic, Social and Political Rights, and Economic, Social and Cultural Rights, and the Optional Protocols to these two Covenants. 8. The Sovereign Yidindji Government was developed pursuant to the authority and decision-making systems of the ancient traditional laws of the Yidindji Tribal Peoples 9. The Sovereign Yidindji Government is developing the Sovereign Yidindji Government using as a guide, the United Nations Declaration on the Rights of Indigenous Peoples. 10. The Sovereign Yidindji Government is the central governing body for and on behalf of Yidindji Tribal Peoples, and to enter into foreign negotiations with the Commonwealth of Australia to correct the lack of treaty and or consent as so acknowledged by the Prime Minister John Howard. 11. The man known as Murrumu Walubara was appointed, on the 4th day of January 2015, as the Minister for Foreign Affairs of the Sovereign Yidindji Government 12. The man known as Murrumu Walubara was driving a Yidindji registered vehicle within the territory of the Yidindji Tribal Nation at the time of interception by officers of Queensland Police Service. (Yidindji Boundary Survey Attachment 2) 13. The man known as Murrumu Walubara was driving a vehicle that is registered to the Sovereign Yidindji Government. 14. The number plate YID 001 is for one black Ford Ka sedan VIN WF0BXXWPRB2U06653.
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15. The vehicle a black Ford Ka sedan VIN WF0BXXWPRB2U06653 bearing the Registration plate YID 001 is the property of the Sovereign Yidindji Government. 16. All vehicles that are the property of the Sovereign Yidindji Government require all drivers to be licensed pursuant to laws of the Sovereign Yidindji Government. 17. All vehicles registered with the Sovereign Yidindji Government are fully insured by the Sovereign Yidindji Government. 18. The man known as Murrumu Walubara was driving a vehicle with a licence issued by the Sovereign Yidindji Government pursuant to the laws of the Sovereign Yidindji Government. 19. The number of the drivers licence issued to the man known as Murrumu Walubara is 152609 20. The man known as Murrumu Walubara informed the arresting officer Constable Damien WEST that he was driving the vehicle registered to the Sovereign Yidindji Government, with a licence issued pursuant to the laws of the Sovereign Yidindji Government. 21. Constable Damien Nickolas WEST arrested and detained the Yidindji man Murrumu Walubara, who was subsequently taken to the Cairns Watchhouse. 22. The man known as Murrumu Walubara was informed by the officer in charge of the Cairns Watchhouse, that he (Murrumu) would be detained for up to two years if he would not take and accept the name Jeremy David Joseph GEIA. 23. The man known as Murrumu Walubara marked the ‘Undertaking as Bail’ form as ‘Ngaarka Mayaar’1 meaning ‘no jurisdiction’ 24. The man known as Murrumu Walubara was handed a Queensland Police Service Charge List for the surname GEIA, given name JEREMY DAVID JOSEPH for six offences allegedly committed by Jeremy David Joseph GEIA. 25. The use of force and or the threat of imprisonment for up to two years for the nonacceptance of the name Jeremy David Joseph GEIA and or JEREMY DAVID JOSEPH GEIA has created serious mental harm with Murrumu Walubara Yidindji. 26. Constable DAMIEN NICKOLAS WEST, service number 4028414, of the CAIRNS ROAD POLICING UNIT, admitted to the seizing of property, namely the vehicle identification device (number plate YID 001) and a Yidindji drivers licence (number 152609) issued on 16 January 2015 to MURRUMU WALUBARA, both items belonging to the Sovereign Yidindji Government. 27. The items are listed on a QUEENSLAND POLICE SERVICE PROPERTY SHEET. The facts supporting the position of the Yidindji Tribal People as a separate and distinct society of people
1
Yidindji Legal Dictionary 1st edition
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28. The six colonies held referendums in the late 1890’s for the Federation of the six colonies to establish the Commonwealth of Australia. 29. “Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established.”2, clearly stipulates to who the peoples were for the establishment of the Commonwealth of Australia. 30. “While the preamble to the Constitution suggests that ‘the people ... have agreed to unite’, it makes no mention of the Aboriginal people or their prior occupation of the lands on which the new nation was formed.”3 31. The Yidindji Tribal People having been excluded from the referendums of the Federation process were not asked if they agreed to unite in one indissoluble Commonwealth, and to date they never agreed nor been asked to do so. 32. The Aboriginal peoples in Queensland and Western Australia were excluded from the process of the referendums to establish the Commonwealth of Australia. “Indigenous Australians, Asians, Africans and Pacific Islanders were not allowed to vote in Queensland and Western Australia...”4 33. There has been considerable discussions by Australian Constitutional Lawyers,” In Queensland at the time of Federation in 1901, Aboriginal people other than freeholders were excluded from the franchise by a proviso to s6 of the Elections Act 1885 (Qld) (No Aboriginal native of Australia, India, China, or of the South Sea Islands...’)”5 detailing the exclusion of the Queensland Aboriginal people, in this matter included the Yidindji Tribal People. 34. This exclusion from the Commonwealth of Australia was further reinforced with section 4 of the Commonwealth Franchise Act 1902; “No Aboriginal native of Australia Asia Africa or the Islands of the Pacific except New Zealand shall be entitled to have his name placed on an Electoral Roll unless so entitled under section forty-one of the Constitution.”6 35. This inability to choose the representatives in a democratic process of voting goes against all international procedures for a fair and just application of law. The Yidindji Tribal People were denied this process. “Democracy is’ Government of the people’... For the most part modern democracies are representative democracies in which the 2
Commonwealth of Australia Constitution Act
3 Australian 4
The Referendums 1898- 1900 Fact sheet 1 Australian Electoral Commission
5 Australian 6
Constitutional Law and Theory Blackshield and Williams 6th edition p136 paragraph [4.15]
Constitutional Law and Theory Blackshield and Williams 6th edition p135 paragraph [4.10]
No. 8 Commonwealth Franchise section 4
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people elect those who are to participate directly in government on their behalf... In Australia we elect, at federal, State and Territory level, members of parliament who are the lawmakers...And in Australia where our written Constitution places limits on the law making power of Commonwealth and State parliaments, the judges may have to decide whether or not a law made by elected representatives in the parliament is valid.”7 Chief Justice French clearly states that the elected represented officials make the laws for the electors; does this also apply to those who were excluded from voting? 36. To participate in the democratic Commonwealth of Australia, the elector has to meet specific criteria. “Australia is one of the world’s oldest continuous democracies. Since 1901 when the six Australian colonies formed the Commonwealth...In order to vote in Australia, you must be... an Australian citizen.”8 This would infer that at the time of Federation the Yidindji Tribal People were not considered to be Australian citizens. 37. The Yidindji Tribal People were not and are still not part of the nation called Commonwealth of Australia. This makes the Commonwealth of Australia foreign to the Yidindji Tribal People and the Sovereign Yidindji Government. 38. The Australian Parliament passed the ‘Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 in an attempt to correct this error and let the Australian people amend their Constitution in accord with section 128. The referendum that is to allow another society of people to participate in the political, economic, social and cultural life of the State known as the Commonwealth of Australia and unite under the Commonwealth. 39. The comment by Chief Justice Robert French “The Australian Constitution creates the space in which all other domestic laws operate in this country. It defines the extent of our legal universe”9 clearly defines the extent that the Australian law can cover. As the Aboriginal and Torres Strait Islander peoples have been excluded from the establishment of the Commonwealth of Australia and the Australian citizens and or people have not taken a vote in the referendum to amend their Australian Constitution, it is clear that the Aboriginal people and in this matter the Yidindji Tribal people are not subject to the authority the Australian Constitution vests within the Australian Parliament and or any other institution created subject to the Australian Constitution.
7
University of Southern Queensland, ‘Courts in a Representative Democracy’, Chief Justice French, 25 June 2010 8
THE AUSTRALIAN PRIME MINISTERS CENTRE PRIME FACTS 62.
9
Theories of Everything and Constitutional Interpretation, University of New South Wales, page 4
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40. The comment by the Hon. Nigel Scullion makes clear how important the ‘Constitutional Recognition’ is; “We’re going to go out and we’re going to ensure that we make the most important step of reconciling our nation, Mr Scullion said.”10 41. From the comment made by the Hon. Nigel Scullion, he clearly states that the Commonwealth of Australia has not yet reconciled with the Aboriginal and Torres Strait Islander peoples. 42. The initial views of the British settlers was that the Aboriginal Natives were too low an intellect to participate in the Commonwealth; “Isaac Isaacs, who thought that Aboriginal people have not the intelligence, interest or capacity to vote; and HB Higgins, who thought it utterly inappropriate ... to ask them to exercise an intelligent vote.”11 43. The Aboriginal and Torres Strait Islander Peoples have had various institutions that are comparable to what is recognised as modern governments. His (Blackburn J) was not the initial views of the new settlers as such settlers were of the opinion that the Aboriginal inhabitants were of such intelligence they could not have grasped the idea of rights and duties. “..., the assumption that the Australian colonies were ‘settled’ did not deny the physical existence of the Aboriginal tribes inhabiting the continent at the time of the British arrival. However, it did imply that, as the Privy Council put it in the ‘In re Southern Rhodesia [1919] AC 211’; some tribes are so low in the scale of social organisation that their usages and conceptions of rights and duties are not to be reconciled with the institutions or the legal ideas of civilised society. Such a gulf cannot be bridged.”12 44. Following the statement of the Privy Council, the Australian Courts have since shown this not to be the case in Australia, “Blackburn J did not accept in the ‘Gove Land Rights Case’ that this was an appropriate estimation of the level of social organisation attained by the Australian Aboriginals. Instead, he took a strongly contrary view, finding that ‘the evidence shows a subtle and elaborate system highly adapted to the country in which the people led their lives, which provided a stable order of society and was remarkably free from the vagaries of personal whim or influence. If ever a system could be called “a government of laws, and not of men”, it is shown in the evidence before me.”13 45. The Mabo (2) case clearly states that the Aboriginal and Torres Strait Islander societies were not a lawless and or barbaric people; “The facts as we know them
10
http://www.abc.net.au/news/2015-05-27/may-2017-ideal-time-for-indigenous-referendumminister-says/ 6501250 11 Australian
Constitutional Law and Theory Blackshield and Williams 6th edition p135 paragraph [4.11]
12 Australian
Constitutional Law and Theory Blackshield and Williams 6th edition p137 paragraph [4.22]
13 Australian
Constitutional Law and Theory Blackshield and Williams 6th edition p137 paragraph [4.22]
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today do not fit the ‘absence of law’ or ‘barbarian’ theory of law underpinning the colonial reception of the common law of England. That being so, there is no warrant for applying in these times rules from the English common law which were the product of that theory.”14 46. The theory that Australia was ‘terra nullius’, that being a land belonging to no-one, and or a land with no law, has been overturned in the Mabo (2) case and is now reflected in the Native Title Act 1993; “The High Court has... (a) rejected the doctrine that Australia was terra nullius (land belonging to no-one) at the time of European settlement,”15 47. The statement that the land belonged to some-one else other than the settlers leads to the Aboriginal and Torres Strait Islander Societies having their own systems of land tenure. This is acknowledged within the Native Title Act, “The expression native title or native title rights and interests means the communal group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where .. (a) the rights and interests are possessed under the traditional laws acknowledged, and traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and ... (c) the rights and interests are recognised by the common law of Australia.”16 48. The traditional laws and customs of the Yidindji Tribal Society have survived the European settlement within and across the Yidindji territory; “Despite early dispossession, traditional laws and customs have survived,”17 and “They were there when Captain Cook sailed past in 1770 in the ‘Endeavour’, and they are there today18... The evidence demonstrates ongoing occupation pursuant to traditional laws and customs which link members of the claim groups to their land.19” 49. Justice Dowsett clearly defined some of the traditional laws that have survived the European settlement; “The laws and customs of the identified regional society can be identified as: ... A system of land tenure...A system of authority and decisionmaking... A system of dispute resolution at both the local and regional level.”20 14
Mabo and Others v Queensland (No. 2) (1992) 175 CLR 1, paragraph 38
15
Native Title Act 1993, preamble page 1
16
Native Title Act 1993, Part 15, section 223, page 419
17
Johnson on behalf of the Tableland Yidinji People #1 v State of Queensland [2012] FCA 1417, Reasons for Judgment, paragraph 21 18
Mundraby on behalf of the Combined Mandingalby Yidinji- Gunnggandji People v State of Queensland [2012] FCA 1039, Reasons for Judgment, paragraph 1 19
Mundraby on behalf of the Combined Mandingalby Yidinji- Gunnggandji People v State of Queensland [2012] FCA 1039, Reasons for Judgment, paragraph 9 20
Mundraby on behalf of the Combined Mandingalby Yidinji- Gunnggandji People v State of Queensland [2012] FCA 1039, Reasons for Judgment, paragraph 21
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50. The statement made by Justice Dowsett clearly demonstrates the ‘Native Title’ is not created by Australian and or Queensland Law; “Neither the Australian Parliament, nor the Australian Government, nor the Australian Courts have created the native title which we are acknowledging here today. The Act simply provides a way in which Aboriginal people can prove traditional ownership of land, which ownership has existed since before European settlement in Australia. Thus I have not come here today to give anything to the Mandingalby Yidindji- Gunnggandji people. I have come to acknowledge to them, and before all other people that all Australians recognise and accept them as the traditional owners of the claim area.”21 51. The statement by Justice Dowsett that the Australians recognise the Aboriginal people of this area as the owners makes clear that those owners and in this case are the Yidindji people who are not Australians living pursuant to Australian and or Queensland law. 52. Yidindji people are the owners pursuant to the traditional Yidindji law; “I have not come here today to give anything to the Tableland Yidinji people. Rather I have come to recognise, on behalf of all Australians, that they are the traditional owners of this land pursuant to traditional laws and customs which have their roots in ancient times. I now recognise that traditional ownership.”22 This once again demonstrates the survival of laws that are not of origin from the Australian Constitution, nor the Queensland Constitution, nor of England. The Yidindji Society still lives pursuant to these pre 1788 laws of the Yidindji Tribal Society. 53. The Australian Parliament has clearly defined two separate societies living on the one piece of land, Australian citizens and those living pursuant to traditional tribal law. 54. “Thanks to the ‘Treaty of Waitangi in New Zealand two peoples have become one nation. So, our challenge is to do now in these times what should have been done 200 or 100 years ago: to acknowledge Aboriginal people in our country’s foundation document”23 by the then leader of the opposition the Hon. Tony Abbott MHR, on the 13th of February 2013, makes clear that there is no treaty and the continent known by Australia has more than one people with different laws systems occupying it. 55. The Hon. Tony Abbott MHR stated that the Commonwealth of Australia is an incomplete nation; “...we will be an incomplete nation and a torn people.”24
21
Mundraby on behalf of the Combined Mandingalby Yidinji- Gunnggandji People v State of Queensland [2012] FCA 1039, Reasons for Judgment, paragraph 26 22
Johnson on behalf of the Tableland Yidinji People #1 v State of Queensland [2012] FCA 1417, Reasons for Judgment, paragraph 30 23
http://www.liberal.org.au/latest-news/2013/02/13/tony-abbott-transcript-second-reading-speech-parliamenthouse Transcript of The Hon. Tony Abbott MHR Second Reading Speech 24
http://www.liberal.org.au/latest-news/2013/02/13/tony-abbott-transcript-second-reading-speech-parliamenthouse Transcript of The Hon. Tony Abbott MHR Second Reading Speech
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56. The statement of the Hon. Tony Abbott MHR, in February 2013, is a follow on to the media release on the 11th of May 2000, confirming there is no formal agreement concluded between the Commonwealth of Australia, and or the State of Queensland and the Aboriginal people and in this matter the Yidindji Tribal People; “We value the unique status of Aboriginal and Torres Strait Islander peoples as the original owners and custodians of lands and waters. We recognise this land and its waters were settled as colonies without treaty or consent. Reaffirming the human rights of all Australians, we respect the cultures and beliefs of the nation’s first people and recognise the place of traditional laws within these cultures.”25 57. The Australian Parliament has clearly stated that the Aboriginal and Torres Strait Islander Peoples, and in this matter the Yidindji People are not recognised within the Australian Constitution, “The Parliament is committed to building the national consensus needed for the recognition of Aboriginal and Torres Strait Islander peoples in our Constitution.”26 58. The use of the word ‘our’ is possessive meaning that the Constitution belongs to the Australians and not the Aboriginal and Torres Strait Islander Peoples. 59. The Australian Parliament has clearly defined that the inclusion of the Aboriginal and Torres Strait Islander Peoples has to be by referendum to amend the Australian Constitution in accord with section 128 of the Australian Constitution; “The Parliament is committed to placing before the Australian people at a referendum a proposal for constitutional recognition of Aboriginal and Torres Strait Islander peoples.”27 60. The Australian Parliament has clearly recognised that the Aboriginals and in this matter, the Yidindji still have continuing relationship with our lands; “The Parliament, on behalf of the people of Australia, acknowledges the continuing relationship of Aboriginal and Torres Strait Islander peoples with their traditional lands and waters.”28 61. The statement “Aborigines were disposed of their lands parcel by parcel, to make way for the expanding colonial settlement. Their dispossession underwrote the development of the nation”29 makes the Aboriginal Tribal Peoples as the underwriters and or insurers of the Commonwealth of Australia, and in this matter the Yidindji Tribal Nation are the insurers of the nation within the Yidindji territory. The same
25
http://pmtranscripts.dpmc.gov.au/browse.php?did=11557
26 Aboriginal
and Torres Strait Islander Peoples Recognition Act 2013, preamble
27 Aboriginal
and Torres Strait Islander Peoples Recognition Act 2013, preamble
28 Aboriginal
and Torres Strait Islander Peoples Recognition Act 2013, section 3 (2)
29
Mabo and Others v Queensland (No. 2) (1992) 175 CLR 1, paragraph 82
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insurance ability applies to all vehicles and persons of the Yidindji Tribal Peoples and Sovereign Yidindji Government. 62. The Commonwealth of Australia ratified the International Covenant on Civil and Political Rights on the 13th day of August 198030. This Covenant states “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest and detention. No one shall be deprived of his liberty except on grounds and in accordance with such procedure as are established by law.”31 This point does not declare to a nation like the Commonwealth of Australia as to which system of law (authority and decision making system) that it is referring to. This is clarified in the United Nations Declaration on the Rights of Indigenous Peoples. 63. The Australian Parliament ratified the United Nations Declaration on the Rights of Indigenous Peoples on 3 April 2009, “On 17 September 2007, 143 nations voted in support of the Declaration. Australia was one of the four countries that voted against the Declaration. Today, Australia changes its position. Today, Australia gives our support to the Declaration.” 32 64. The United Nations Declaration on the Rights of Indigenous Peoples clearly states “The indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining the right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.”33 65. The Yidindji Tribal People through the Yidindji Tribal Council of Elders established the Sovereign Yidindji Government on Thursday the 16th day of October 2014, came into effect with the assent and subsequent gazetting of Public Notice 6. (Attachment 3) 66. The Yidindji Tribal People through the Yidindji Tribal Council of Elders made clear intent to the whole world as to the exercising of the inherent authority of the Yidindji Tribal People, via the ‘Notice’ dated the 7th day of January 2013, to develop and maintain our institutional structures including but not limited to our juridical systems. 67. The Sovereign Yidindji Government has developed and maintains numerous full and formal registers; ones pertinent to this matters are the ‘Yidindji Citizen Register’, ‘Yidindji Drivers Licence Register’, and ‘Yidindji Vehicle Register’. These registers are created by the relevant acts of Parliament of the Sovereign Yidindji Government.
30
https://treaties.un.org/pages/viewdetails.aspx?chapter=4&src=treaty&mtdsg_no=iv-4&lang=en
31
International Covenant on Civil and Political Rights, article 9.2
32
Jenny Macklin MP, Minister for Families, Housing, Community Services and Indigenous Affairs, Statement on the United Nations Declaration on the rights of Indigenous Peoples, Parliament House. 33
United Nations Declaration on the Rights of Indigenous Peoples, article 5
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68. The Yidindji Citizen Register is in keeping with “Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions.”34 69. “A person must not drive a motor vehicle on a road within the Yidindji territory unless the person holds a valid Yidindji Drivers Licence or a similar instrument issued under the authority of the Sovereign Yidindji Government authorising the person to drive the vehicle on the road.” came into effect Wednesday the 18th day of March 2015, with the assent of the Act and subsequent gazetting of Public Notice 21. (Attachment 4) 70. “The Sovereign Yidindji Government under the authority of the Yidindji Tribal Council of Elders make known to the whole world that then Sovereign Yidindji Government has been granted authority to issue Vehicle Identification Devices (formerly known as a number plate) pursuant to Yidindji Tribal Law... 6 YIDINDJI Vehicle Identification Device fitted to official Sovereign Yidindji Government vehicles consist of gold lettering on a black background” came into effect Saturday the 7th day of March 2015, with the assent of the Act and subsequent gazetting of Public Notice 20. (Attachment 5) 71. “(5) YIDINDJI number plates for non-official vehicles consist of high contrast colours with the back ground colour being of any colour other than black” designated that the colour black as a back ground colour of the number plates was reserved for Sovereign Yidindji Government vehicles came into effect on Thursday the 1st day of January 2015, with the assent of the Act and subsequent gazetting of Public Notice 16. (Attachment 6) 72. Murrumu Walubara Yidindji was appointed to the position as Sovereign Yidindji Government Minister for Foreign Affairs of the Minjaani Wungarlji35 (Department of Foreign Affairs and Trade) as of Sunday the 4th day of January 2015 under the authorisation of the Yidindji Tribal Council of Elders, Public Notice 18. (Attachment 7) 73. The Sovereign Yidindji Government, Minister for Foreign Affairs, Murrumu Walubara entered into talks with the Commonwealth of Australia, namely Warren Entsch MP, to remedy and or resolve the issues of the lack of a formal agreement, and or a treaty, and or consent on the 13th of May, 2015, “Phone Conversation Warren Entsch 12.20pm.” (Attachment 8) 74. The Sovereign Yidindji Government Minister for Foreign Affairs, Murrumu Walubara Yidindji, emailed electronic copies, on the 21st of May, 2015, of “Yidindji, the Remedy” (Attachment 9) to Attorney-General George Brandis, Senator Nigel Scullion, Minister for Indigenous Affairs, and Warren Entsch MP. A follow up phone 34
United Nations Declaration on the Rights of Indigenous Peoples, article 33
35
Yidindji Legal Dictionary 1st edition
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call to Heather of Warren Entsch’s parliamentary office in Canberra confirmed that she had received the email and its contents. Heather stated that she was instructed to have it forwarded to Attorney-General George Brandis’s office. 75. On the day of the arrest and subsequent detention Murrumu Walubara Yidindji was travelling in the vehicle registered to the Sovereign Yidindji Government on ministerial business within the Yidindji territory, YIDMAP 01/SM G6/Parcel b5, 17° 6'6.96"S, 145°46'36.79"E. 76. Murrumu Walubara produced to Queensland Police Service officer Damien Nickolas WEST, his official Yidindji Drivers Licence. The Queensland Police Service officer stated that this was not a Queensland issued licence, and subsequently considered this licence as an article that was calculated to deceive.
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77. Murrumu Walubara Yidindji informed the Queensland Police Service officer Damien Nickolas WEST, that the vehicle was registered with the Sovereign Yidindji Government. The Queensland Police Service officer purported that the number plates issued by the Sovereign Yidindji Government were not number plates, and or to be a false number plate.
Questions arising in need of resolution 78. Is it a democratic process when a certain race of people, namely the Australian people claim to have the ability to make laws for another race of people, without their consent, namely the Aboriginal people who have been excluded from the democratic process for the first 64 years at the minimum, enabling the Australian people a distinct advantage for 64 years to make and pass laws to take advantage of the Aboriginal peoples and lands and resources of the Aboriginal people? 79. Did the removal of the word ‘Aboriginal’ from the Australian Constitution automatically include the Aboriginal people in the Australian Constitution and in this matter the Yidindji Tribal People? 80. By what mechanism did the Aboriginal people, and in this matter the Yidindji Tribal people become subject to the Australian Constitution? 81. On what date did the Aboriginal people, and in this matter the Yidindji Tribal people become subject to the Australian Constitution? 82. By what mechanism did the Aboriginal people, and in this matter the Yidindji Tribal people become subject to the Queensland Constitution? 83. On what date did the Aboriginal people, and in this matter the Yidindji Tribal people become subject to the Queensland Constitution? 84. Have the majority of the Australian citizens in a majority of the Australian States agreed to allow another society of people, namely the Aboriginal and Torres Strait Islander societies to unite under the Commonwealth? Page !13 of !19
85. If the Aboriginal and Torres Strait Islander Peoples have been included in the Australian Constitution, was it done in accord with section 128 of the Australian Constitution? 86. On what date have the majority of Australia citizens in a majority of the Australian States agreed to amend the Australian Constitution to allow another society, namely the Aboriginal and Torres Strait Islander societies to unite under the Commonwealth? 87. Is the act of introducing another society of people under the Commonwealth without the consent of the majority of the Australian peoples in a majority of States bringing about the contempt of the Australian Constitution by contravening section 128 of the Australian Constitution? 88. By what internationally recognised mechanism did the Commonwealth of Australia, and or the State of Queensland take absolute and complete ownership of the Yidindji Territory? 89. By what internationally recognised mechanism and or law can a ‘Democratic State’ make laws for a group of people without the consent of that group of people who have been excluded from the democratic process of electing their representatives? 90. By what internationally recognised mechanism did the Commonwealth of Australia, and or the State of Queensland take absolute and complete dominion of the Yidindji Territory? 91. On what date did the Aboriginal people and in this matter the Yidindji Tribal People become part of the people of Queensland? 92. By what internationally recognised mechanism did the Commonwealth of Australia, and or the State of Queensland use to gain the complete and total sovereignty over the Yidindji Territory? 93. Does the Commonwealth of Australia Constitution extinguish the traditional Yidindji laws and customs of the Yidindji Tribal People? 94. If the Australian Constitution extinguished such laws and traditions of the Yidindji Tribal People by what authority, by what mechanism and on what date did this occur? 95. Does the Queensland Constitution extinguish the traditional Yidindji laws and customs? 96. If the Queensland Constitution extinguished such laws and traditions of the Yidindji Tribal People, by what authority, by what mechanism and on what date did this occur? 97. Can any land title issued by the Commonwealth of Australia, and or the State of Queensland extinguish the land title systems of the Aboriginal people, and in this matter the Yidindji Tribal people, if the Aboriginal peoples were excluded from the Commonwealth and all laws (including land titles) created subject to the Australian Constitution?
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98. Can the Commonwealth of Australia and or the State of Queensland extinguish land titles created pursuant to the Yidindji Tribal people’s traditional laws and customs? 99. Are the Yidindji Tribal people’s traditional laws and customs part of Australian and or Queensland Law? 100.Is the State of Queensland the only entity who can issue a drivers licence in Yidindji Territory? 101.By what mechanism can the State of Queensland prevent the Yidindji Tribal people pursuant to Yidindji laws, customs, authority, and decision-making systems, from issuing Yidindji Drivers Licences? 102.Is the State of Queensland the only entity who can register vehicles in Yidindji Territory? 103.By what mechanism can the State of Queensland prevent the Yidindji Tribal people pursuant to Yidindji laws, customs, authority, and decision-making systems, from registering vehicles in Yidindji? 104.Are the Aboriginal peoples and in this matter the underwriters of the nation? 105.As a separate and distinct society of people living pursuant to ancient traditional laws and customs, does the Yidindji Tribal People not have the ability to underwrite and or insure its people, citizens, and or assets? 106.By what internationally recognise mechanism can the Commonwealth of Australia and or the State of Queensland make laws for people who are not recognised within the Constitution and excluding them from the process of electing the people to represent them in matters for the making of laws for them in an Australian and or Queensland Parliament? 107.Does the Commonwealth of Australia have an official agreement, and or treaty, and or consent with the Aboriginal people, and in this matter the Yidindji Tribal People? 108.If the Commonwealth of Australia has an official agreement, and or treaty, and or consent with the Yidindji Tribal People, at what time and place was such concluded? 109.Does the State of Queensland and or the Queensland Government have an official agreement, and or treaty, and or consent with the Aboriginal people and in this matter the Yidindji Tribal People? 110.If the State of Queensland and or the State of Queensland have an official agreement, and or treaty, and or consent with the Yidindji Tribal People, at what time and place was such concluded? 111.Did Queensland Police Service officers have consent from the Yidindji Tribal People to be operating Random Breath Testing within the Yidindji Territory? 112.If the Queensland Police Service did have consent of the Yidindji Tribal People to operate Random Breath Testing in Yidindji Territory, at what time and place was such concluded? Page !15 of !19
113.Can two systems of law (especially regarding land title/ tenure) exist on the one piece of land? 114.Are the Yidindji Land Titles (Natives Titles) not the ‘Original Titles’ to the land within the Yidindji Territory and in this matter the road on which the Queensland Police Service officers were operating? 115.As the Yidindji Land Titles are the Original Titles, the description of all other land titles issued by the State of Queensland and or the Queensland Government, and or the Commonwealth of Australia are incorrectly described, would render the charge of driving on a road so described as ‘Riverstone Road Gordonvale’ as incorrect and or void? 116.As the Yidindji Land Titles are the Original Titles is the description of the Magistrates Courts District incorrect if the State issued Lands Title are incorrect? 117.Do the comments of Justice Dowsett in the ‘Native Title Determination’ pertaining to the Yidindji people not acknowledge that there are two separate law systems upon the one piece of land? 118.Was the landmass known as Australia ‘Decolonised’ correctly in accord with General assembly resolution 1514 (XV)? 119.If the Tribal Nations still have no formal agreement and or treaty with the Commonwealth of Australia and or the State of Queensland, then would the Tribal nations still not retain the rights to exercise their sovereignty and integrity of their tribal territories, and in this matter the Yidindji Tribal People? 120.Have the Yidindji Tribal People through its representative body, the Sovereign Yidindji Government, not made an attempt to resolve the problems of the Commonwealth of Australia not having a treaty or consent? 121.Are the actions of the Queensland Police Officers in this matter ‘Crimes against Humanity’ within the jurisdiction of the Commonwealth of Australia? 122.Are the actions of the State of Queensland and or the Queensland Government through the lack of informing the lower ranking officers as to the standing of the Aboriginal and Torres Strait Islander peoples, and in this matter the Yidindji Tribal People as a separate and distinct society of people who were here prior to 1788 and are still here to this present day not an act of ‘Genocide’ by the very definition within the Commonwealth of Australia; “268.4 (1) (a) the perpetrator causes serious bodily or mental harm to one or more persons; and (b) the person or persons belong to a particular national, ethnical, racial or religious group; and (c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such.”36?
36
Criminal Code Act 1995 Chapter 8 Offences against Humanity, Division 268, Subdivision B- Genocide
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123.Was the threat, by the officer in charge of the Cairns Watch house, of Murrumu Walubara being detained for up to two years unless the name of GEIA was accepted by him not a cause of serious mental harm’ against a person of another nation? 124.Did the Yidindji Tribal Nation not inform in a suitable manner, with the issuance of various ‘Notices’ and ‘Public Notices’, all levels of the Commonwealth of Australia and or the State of Queensland Governments as to its intent to revitalise, develop and strengthen its ancient traditional laws and customs in Yidindji Tribal Territory? 125.Are the actions of the State of Queensland and or the Queensland Government through the lack of informing the lower ranking officers as to the standing of the Aboriginal and Torres Strait Islander peoples, and in this matter the Yidindji Tribal People as a separate and distinct society of people who were here prior to 1788 and are still here to this present day not an act of ‘Crimes against Humanity’ by the very definition within the Commonwealth of Australia; “268.22 (a)the perpetrator commits against one or more persons an act that is a proscribed inhumane act or an act that is of a nature and gravity similar to any such proscribed inhumane act; and (b) the perpetrator’s conduct is committed in the context of an institutionalised regime of systemic oppression and domination by one racial group over any other racial group or groups; and (c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the character of an act; and (d) the perpetrator intends to maintain the regime by the conduct; and (e) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack direct against a civilian population.”37
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126.How can the Yidindji Tribal People revitalise, develop, and strengthen our own institutions as the State is refusing to act in ‘good faith’ in accord with the United Nations Declaration “...and States shall promote respect for and full application of the provisions of this Declaration and follow up with the effectiveness of this Declaration.”38?
Actions sought in relation to this matter. 127.Instruct the Commonwealth of Australia and State of Queensland to enter into negotiations in ‘good faith’ for a formal agreement with the Yidindji Tribal People through the representative body Sovereign Yidindji Government. 128.The Commonwealth of Australia and the State of Queensland instruct all law enforcement officers of the Commonwealth of Australia and the State of Queensland of the standing of the Yidindji Tribal People.
37
Criminal Code Act 1995 Chapter 8 Offences against Humanity, Division 268, Subdivision C- Crimes against Humanity 38
United Nations Declaration on the Rights of Indigenous Peoples, article 42
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129.The Commonwealth of Australia and the State of Queensland instruct all law enforcement officers to not interfere with the Yidindji people or Yidindji citizens once they identify themselves to such officers. 130.Return of possessions of the Sovereign Yidindji Government taken by Queensland Police Officers dated the 26th day of May 2015. 131.The stay of proceedings in any State or Commonwealth Court against any Yidindji people or Yidindji citizens.
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132.Assist with the financial and technical requirements in accord with articles 38 and 39 of the United Nations Declaration on the Rights of Indigenous Peoples, for the successful negotiations of an official agreement between the Commonwealth of Australia, the State of Queensland and the Sovereign Yidindji Government.
The Sovereign Yidindji Government have at all times acted on ‘Good Faith’ in resolving the problems caused with the initial acts of settlement and the subsequent problems caused by the decolonisation. These problem not caused by the Aboriginal Tribal Nations of this landmass known as Australia appear to be left up to the Aboriginal Tribal Nations to resolve. The actions of the Commonwealth of Australia and the State of Queensland by way of unwillingness to enter into negotiations in ‘Good Faith’ with the ‘Original Tribal Inhabitants’ are limiting any future opportunities for the settlement of the past issues and securing the future for all living on this great land.
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Should the Commonwealth of Australia and or the State of Queensland refuse to enter into negotiations, especially in this matter, with the representatives of the Sovereign Yidindji Government, then the Sovereign Yidindji Government want it on the International and Public record that the official position of the Commonwealth of Australia and the State of Queensland is to refuse to enter into negotiations and act in ‘Bad Faith’. As an indication of intent the lack of written reply by the representatives of the Commonwealth of Australia, that being Prime Minister and the Commonwealth AttorneyGeneral and the State of Queensland, that being The Premier and The Attorney-General to the Sovereign Yidindji Government within twenty-one days (21) from receipt of this notice will be taken as to be an act of ‘Bad Faith’ by the Commonwealth of Australia and the State of Queensland. This act of ‘Bad Faith’ will be used as evidence of the continuing act of ‘Crimes against Humanity’ to which the Commonwealth of Australia and the State of Queensland acknowledge as fact. The lack of written reply within the 21 day time period will be acknowledged as the acceptance by the Commonwealth of Australia and the State of Queensland of such evidence
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in any court in any jurisdiction, that the Commonwealth of Australia and State of Queensland are willingly committing such crimes and acts of ‘Bad Faith’.
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We now make that offer once again.
Please reply in writing as to the willingness of the Commonwealth of Australia and State of Queensland to enter into negotiations regarding the questions raised from point78 to point 126 of this correspondence and the acceptance of the ‘Actions sought’ from point 127 to point 132.
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Please address all written 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’.
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To: Gurrily Gudju-Gudju Gimuybara, Garna Jimurru, Sovereign Yidindji Government, Gimuy. [Care of Post Office Box 1298, Mareeba, Queensland, Australia.]
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Any other style of format will be deemed as an act of bad faith and insulting to the Original Tribal Laws of Yidindji.
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For and on behalf of the Sovereign Yidindji Government
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! Gudju-Gudju Gimuybara Dated this Thursday the 11th day of June 2015
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