Michael Anderson - From Japan - en route from London to Sydney - 15th December, 2011
Having attended the Office of Parliamentary Counsel in Whitehall, I am shocked after locating the official record of the original Pacific Islanders Protection Act 1875, the one that was actually passed in the UK Parliament at that time.
The Pacific Islander Protection Act 1875 that has been bandied around on the internet and other places has been doctored by a person or persons unknown. It is clear that someone did not want the real Act circulating.
The Pacific Islander Protection Act 1875 that has been circulating in Australia is without a vitally important key phrase of the Order in Council. The archived Pacific Islander Protection Act 1875 in London at Whitehall states at section 7:
7. Nothing herein or in any such Order in Council contained shall extend or be construed to extend to invest Her Majesty, her heirs and successors, with any claim or title whatsoever to dominion or sovereignty over any such islands or places as aforesaid, or to derogate from the rights of the tribes, or people inhabiting such islands or places, or of chiefs or rulers thereof, to such sovereignty or dominion, and a copy of every such Order in Council shall be laid before each House of Parliament within thirty days after the issue thereof, unless Parliament shall not be in session, in which case a copy shall be laid before each House of Parliament within thirty days after the commencement of the next ensuing session. [emphasis added]
I now have a photocopy from the archival records of the original Act as passed by the UK Parliament. It is clear that the deliberate exclusion of 'her heirs and successors' from that which has been circulating in Australia is tantamount to an Act of Treason, interfering with an act of the ruling State, that being at the time the UK Parliament.
Our advice in London is clear. The intentions of the UK Parliament and the Order in Council is beyond doubt in its intent and purpose to commit the heirs and successors to uphold this law as part of the Australian colonial law.
What is left for us, as Aboriginal Peoples, to do is to now is to challenge the right of the State and Federal Parliaments to usurp the land that had not been occupied by 1875, as this law recognized our title and dominion to those lands, waters and natural resources therein. It is not possible at all, based on this law that became part of the common law of England, for any Parliament in Australia, from 1875 onwards, to claim any title to land without receiving free prior and informed consent and to compensate, if the people agreed to give up their land. Knowing this was never done, creates a legal battle ground for all Governments within Australia.
This and many other topics will be the centrepieces for discussion at the 40th anniversary of the Aboriginal Embassy in Canberra on 26 January 2012. It is important for every Aboriginal person, who wishes to have a say in our future as sovereign Peoples, to make every effort to attend the Embassy for the three days from 26-28 January 2012.
I know that there will be those amongst our people who may find these recent revelations hard to believe. The trip to London was for one purpose only and that was to have talks with politicians and to locate the original documents that came from the UK Parliament. I have found them and the discussions with the Parliamentarians confirm that as law-makers themselves, now presiding in the UK Parliament, an Order in Council supported by an Act is law and given that all the colonial laws of Australia came from England, so too did the intention of the Pacific Islanders Protection Act become law within the Australasian colonies, which were identified in the principal Act, that being the 1872 Pacific Islanders Protection Act.
As far as the English are concerned this remains law within Australia. This is confirmed from the Statute Law (Repeals) Act 1986 where there was a saving clause in the entitlements to the Act at Chapter 12:
2. (4) Subject to subsection (3) above [ i.e. the Dentists Act 1878 and the Medical Act 1886] this Act does not repeal any enactment so far as the enactment forms part of the law of a country outside the British Isles; but Her Majesty may by Order in Council provide that the repeal of this Act of any enactment specified in the Order shall on a date so specified extend to any colony.
In pursuing this whilst in London, it does become clear that no such Order in Council has been given by the ruling Monarch, Elizabeth II, in which case the law of our dominion and sovereignty is affirmed to this day.
The Australia Act of 1986 entrenches, by the Colonial Law Validity Act, the recognition and acceptance of Aboriginal sovereignty and dominion over our Peoples and places.
Finally, Australia must now accept that this will be the case well into the future if they refuse to negotiate with us in a Peace Accord or Treaty under international supervision, after which time Australia can become a true union of diverse sovereign nations through a peaceful process of transformative justice.
: Michael Anderson email@example.com
Michael will be back in Australia 8.30am Friday 16 December on 0427 292 492