First Nations Sovereign Declaration 2013

03/02/2013 17:45

In 1992 the ‘Mabo’ Case (Mabo v Queensland No 2) Established Sovereignty for all First Nations People in Australia under the Westminister Law.


"While Mabo recognized the continuing connection and rights to land of Indigenous people, it did more than this. In rejecting Terra Nullius it recognized the illegitimacy of the assertion of sovereignty by the British Crown in 1788." (Dr William Jonas AM, 2002)


Australia’s Sovereignty is Illegitimate and therefore out of any jurisdiction to create any legislative changes affecting the rights of First Nations or tampering with First Nations Sovereign status acknowledged in the High Court Mabo Case.


"If we accept that it is illegitimate for government, and the courts, to seek to impose a definition of Aboriginal sovereignty, that leads us to accept also that the definition and scope of Aboriginal sovereignty is a matter entirely for Indigenous people to be determined according to Indigenous systems of law and governance. The implication of this is that our efforts, as Indigenous people, should be directed to establishing the boundaries of our sovereignty. We must stop asking government to 'give us sovereignty'. It isn't the government's to give. You cannot be given sovereignty, much as you cannot be given self-determination - you must claim it, define it and exercise it. The treaty process is then the 'recognition space' for the ongoing exercise of our sovereignty." (Dr William Jonas AM,2002)


We are not asking for Sovereignty for we understand we already have a ‘Recognized Sovereign Stance. 


We would like to declare to the Parliamentary Senate of 2013, Jenny Macklin and Julia Gillard that you have no Legal Jurisdiction to create Laws that affect our Sovereign Status. You have no Jurisdiction over the First Nations People whatsoever in your current capacity.  In fact Australia’s Sovereignty remains Illegitimate to us.


The 1986 Australian Constitution has been proven in a court of law of its inauthenticity in London 2012.


The same findings has also been acknowledged by Chief Justice of the High Court of Australia from 1981 to 1987, Sir Harry Gibbs


"Following discussions with members of the British Government relating to the Letters Patent for the Governor General and State Governors I find that these documents no longer have any authority. Indeed, the Queen of the United, Kingdom is excluded from any position of power in Australia by the United Nations Charter and is excluded under UK law from the issue of a Letters Patent to other than a British Subject. A Letters Patent must refer to an action to be taken with regard to British Citizens. The Immigration Act. 1972 UK defines Australian Citizen as aliens."  (Sir Harry Gibbs, Chief Justice of the High Court of Australia from 1981 to 1987)


Sir Harry Gibbs concluded that "I therefore have come to the conclusion that the current legal and political system in use in Australia and its States and Territories has no basis in law." 


We are offering however for the benefit of Australian People a “Treaty” to enable Australians a Legal Status.  Being the Legal Sovereign Status in Australia we would like to assert our 'Self Determination' to allow equal discussions for the future of our People.


We request discussions with Leaders and Elders across our First Nations appointed by the First Nations to table discussions of a Treaty.


Our First Nations Leaders and Elders can then come forth with their concerns and requests to be negotiated and discussed.


NB: We do not acknowledge or endorse The National Congress of Australia's First People to be a representative voice.



Yours truly,


First Nations