Dear all,
Following is the statement of claim handed to the Governor of South Australia by Kevin
Buzzacott at the Proclamation Day ceremony at the Old Gum Tree on Tuesday December 28.
See yesterday's report "Olsen abused in Gum Tree protest" forwarded by Trudy. The
text has been cut and pasted from a word document, so I'm not sure how well the
formatting will survive. The earlier version referred to in the last para was not
forwarded to me.
Best wishes for the new year.
Dean
______________________________________________________
STATEMENT OF CLAIM
FROM THE FIRST NATIONS' PEOPLES RESIDING WITHIN THE IMPOSED COLONIAL BOUNDARIES OF THE
STATE OF SOUTH AUSTRALIA
TO THE GOVERNOR: PROCLAMATION DAY CEREMONY 28TH DECEMBER 1999.
To the colonists and the representative of Queen Elizabeth, Governor Sir Eric Neale;
The first nations' peoples, living within the imposed colonial boundaries, now known
as
the State of South Australia, declare the following;
WE ARE THE SOVEREIGN PEOPLE OF THIS LAND. WE HAVE NO QUEENS OR KINGS IN OUR LAW AND
CULTURE. WE DO NOT RECOGNISE YOUR LAW OR AUTHORITY OVER OUR LIVES.
WE ARE MANY DIFFERENT FIRST NATIONS' PEOPLES.
OUR SOVEREIGNTY HAS NEVER BEEN CEDED, EXTINGUISHED OR SIGNED AWAY IN THE FORM OF A
TREATY OR ANY OTHER AGREEMENT.
AS FIRST NATIONS' SOVEREIGN PEOPLES, OUR LAWS ORIGINATE FROM THE TIME OF CREATION -
TIME IMMEMORIAL. OUR SOVEREIGNTY CONTINUES TO LIVE IN OUR LIFE.
THE ILLEGAL ACT OF GENOCIDE BY THE COLONIAL, FEDERAL AND STATE GOVERNMENTS HAS
VIOLATED OUR LAWS, LANDS AND PEOPLES.
THE OCCUPATION AND DESTRUCTION OF OUR TERRITORIES, BY THE COLONIAL STATE SOUTH
AUSTRALIA IS UNLAWFUL AND IN VIOLATION OF ABORIGINAL LAWS, INTERNATIONAL LAWS AND
INHERENT PRINCIPLES OF THE COMMON LAW.
THE COLONISTS' ACT OF STATE DOCTRINE LEGITIMISES THE CONTINUED UNLAWFUL OCCUPATION BY
THE COLONIAL STATE. THE MYTH: THE 'DEATH OF TERRA NULLIUS' WAS INTRODUCED BY THE HIGH
COURT IN MABO NO 2. THE REALITY IS - THE FORCE OF TERRA NULLIUS LIVES ON IN THE ACT
OF STATE DOCTRINE. THE COLONISERS OF AUSTRALIA USE THE ACT OF STATE DOCTRINE TO
LEGITIMISE THE FURTHER AND CONTINUING THEFT OF OUR LANDS, OUR DISPOSSESSION AND OUR
GENOCIDE. THE NAZIS USED THIS SAME LAW TO LEGITIMISE THE THEFT OF JEWISH PROPERTY AND
THE GENOCIDE OF JEWISH PEOPLE.
AS THE QUEEN'S REPRESENTATIVE IN AUSTRALIA WE DEMAND THAT YOU CALL UPON THE QUEEN TO
SUPPORT OUR CALL FOR AN INTERNATIONAL INQUIRY INTO THE GENOCIDE OF FIRST NATIONS'
PEOPLES OF AUSTRALIA.
YOUR ILLEGAL INVASION OF OUR TERRITORIES WAS ON THE 28TH OF DECEMBER 1836, AND
CONTINUES TO BE TODAY UNLAWFUL.
YOUR ENTRY INTO OUR TERRITORIES WAS THROUGH THE USE OF FORCE. THIS USE OF FORCE WAS
UNLAWFUL AND IN VIOLATION OF ABORIGINAL LAWS, INTERNATIONAL LAWS AND ALSO IN VIOLATION
OF THE ORIGINAL INSTRUCTIONS TO THE GOVERNOR. WE REMIND YOU OF SOME OF THOSE
INSTRUCTIONS:
In the First Report to the Parliament of the United Kingdom the South Australian
Colonizing Commission agreed that the locations of the colonists would be conducted on
the principle of securing to the natives [sic] their proprietary right to the soil -
so as to require cession of any territory to be perfectly voluntary [First Annual
Report of the South Australian Colonizing Commissioners, House of Commons, 1836].
It was proposed that the Crown of the United Kingdom of Great Britain would open for
public sale in England lands 'uninhabited or not in the occupation and enjoyment of
the Native race in the province of South Australia.'
It was proposed that should the 'Natives' occupying or enjoying any lands comprised
within the surveys directed by the Colonial Commissioner not surrender their right to
such lands by a voluntary sale, then in that case the Colonizing Commissioners have
two duties, namely:
l) to secure to the Natives the full and undisturbed occupation or enjoyment
of those lands,
2) to afford them legal redress against depredations and trespasses.
In the Letters Patent of 1836 issued Governor Hindmarsh in London
the Crown of the United Kingdom of Great Britain purported to allow the said
Colonizing Commissioner to begin embarking British subjects upon certain
commercial terms on ships for passage to South Australia on condition
that nothing in these Letters Patent contained shall effect or be construed
to effect the rights of any aboriginal Natives of the said province to the
actual occupation or enjoyment in their persons or in the persons of their
descendants of any lands now actually occupied or enjoyed by such Natives.
Clause 34 of the Instruction to the Resident Colonizing Commissioner guaranteed that
no lands which the natives may possess in occupation or enjoyment be offered for sale
until previously ceded by the natives [The Select Committee on the Aborigines, Report,
19 September 1860, Legislative Council of the Parliament of South Australia, p.5];
Clause 35 of the said Instructions to the Resident Colonizing Commissioner required
that the aborigines would not be disturbed in the enjoyment of the lands over which
they may possess proprietary rights, and of which if they are disposed to make a
voluntary sale evidence of the faithful fulfillment of the bargains or treaties which
may have been effected with the aborigines for the cessation of lands would be
required�
SOUTH AUSTRALIA, LIKE THE OTHER AUSTRALIAN COLONIES WAS AND IS STILL NOT PEACEFULLY
SETTLED. AUSTRALIA'S HISTORY COMMENCED WITH BLOODIED ACTS OF VIOLENCE. VIOLENCE HAS
ESTABLISHED A LEGAL SYSTEM WHERE THE RULE OF LAW IS ROOTED AND BASED UPON THE USE AND
FORCE OF ARMS.
DEATH, DESTRUCTION AND GENOCIDE; IS THE END RESULT OF YOUR LAWS. WE HAVE BEEN
SUBJECTED TO YOUR IMPOSED COLONIAL LAWS, TO BE NAMED BRITISH SUBJECTS AND LATER
AUSTRALIAN CITIZENS. BUT WE HAVE NEVER BEEN THESE IDENTITITES, WE ARE THE FIRST
PEOPLES - NUNGAS, WHAT YOU CALL ABORIGINES.
THE LAW OF THIS COUNTRY IS HELD BY THE FIRST NATIONS PEOPLES; WE ARE THE CUSTODIANS
FOR THE FUTURE. OUR LAWS COME OUT OF THE CREATION AND THE NATURAL WORLD. OUR LAW IS
SOVEREIGN, IT IS THE OLDEST LAW KNOWN TO HUMANKIND.
WE DEMAND THE FOLLOWING
THE COLONIAL GOVERNMENTS OF AUSTRALIA COMMENCE NEGOTIATIONS WITH FIRST NATIONS
PEOPLES, REGARDING ABORIGINAL LAW ITS LANDS AND PEOPLES FOR THE FUTURE OF AUSTRALIA.
THE FIRST NATIONS PEOPLES RECLAIM OUR COUNTRY. WE HAVE NEVER SURRENDERED, OR
NEGOTIATED AWAY OUR LAWFUL RELATIONSHIP TO OUR COUNTRY.
THIS STATEMENT OF CLAIM WAS PREPARED IN THE MIDST OF THE ONGOING GENOCIDE, ACTING
UNDER DURESS FROM THE OPPRESSIVE STATE AND LOCAL COUNCIL LAWS. ON THE 26TH DECEMBER A
PROTEST CAMP OUTSIDE GOVERNMENT HOUSE WAS DESTROYED, THE CEREMONIAL PEACE FIRE LIT BY
KEVIN BUZZACOTT WAS PUT OUT BY LOCAL COUNCIL MEMBERS ACTING UNDER THE SECURITY OF SOME
30 POLICE OFFICERS AND STAR FORCE. THIS PROTEST CAMP NAMED 'GENOCIDE CORNER' WAS
ESTABLISHED ON DECEMBER 20TH IN SUPPORT OF KEVIN BUZZACOTT AND HIS CLAIMS AGAINST
WESTERN MINING CORPORATION: FOR THE DESTRUCTION OF HIS COUNTRY CAUSED BY THE WORLD'S
LARGEST URANIUM MINE AT ROXBY DOWNS, FOR THE DRAINING OF THE SACRED WATERS OF THE
ARTESIAN BASIN, FOR THE DESTRUCTION OF THE SACRED MOUND SPRINGS OF LAKE EYRE AND FOR
THEIR DESTRUCTION OF HIS HOME AT LAKE EYRE.
WE CALL UPON YOU AS THE QUEEN'S REPRESENTATIVE TO FULFILL YOUR LAWFUL OBLIGATIONS,
REMINDING YOU OF PAST BREACHES OF YOUR OWN LAW. BEGIN THE YEAR 2000 IN A NEW WAY. IN
A WAY THAT PUTS AN END TO LAND THEFT, ECOCIDE AND GENOCIDE.
Attached is an earlier version of this statement of claim which was presented to
Elizabeth, Queen of Great Britain, at the opening of the Fringe Festival in Adelaide,
on the 25th of February, 1992. The First Nations Peoples will continue their
negotiations with the British Crown and the colonial governments. The year 1836
marked the dispossession of initially the Kaurna, and then other First Nations Peoples
from their lands. Our ancestors have occupied these lands from time immemorial, and
we intend to survive as distinct peoples forever. We shall continue to resist
genocidal practises. We will survive.
-------------------------------------------------------
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