What Proof do we have?
There were three legally recognised doctrines that governed the taking over or acquiring new land according to 18th Century British and International common law:
- Conquest (By the declaration of War)
- Treaty (Negotiated after victory of war or by agreement with the peoples, or
- Occupation by absence of presence on the land by people (Terra Nullius Principle) Land belonging to no one.
Until now the British Crown Claimed this country under the principal of Terra Nullius which is a principal of the Occupation Doctrine under International and British Common Law. The Mabo ruling by the high court said that this principal was fiction and can no longer be a defence. There are various documents and court cases that we can use to support our claim for Independence:
- Caption Cooks Instructions from the British Admiralty, (1768)
- Arthur Phillips Instruction, (1778)
- NSW Supreme Court Case R v Ballard (1829)
- Report of the Parliamentary Select Committee on Aboriginal Tribes (1837)
- NSW Supreme Court Case R v Bonjon
- Queen Victoria’s Order in Council in relation to the amendments to the 1872 Pacific Islander Protection Act in 1975,
- United Nations Resolution 1541 (XV) VI,
- High Court Ruling in MABO (1992),
- 1999 Sexual Servitude Act Commonwealth.
- Articles from the United Nation Declaration on the Rights of Indigenous Peoples that come direct from United Nations conventions that make up International Law.
- The Australian Governments Report on the Recognition of Aboriginal Peoples in the Constitution.