Decree of the Gumbaynggirr Allodial Sovereigns

Made on Saturday, 18 November 2023

Declaration of Allodial Title

We, the sovereign Gumbaynggirr people, solemnly declare that the Gumbaynggirr people have always held, and always will hold, Allodial Title to Gumbaynggirr lands, waters, airways, and territories.

We affirm that Gumbaynggirr Allodial Title has never been ceded, surrendered, abandoned, or extinguished. We further affirm that it cannot be extinguished, because it arises from our continuing spiritual, cultural, ancestral, and sovereign relationship with Country under Gumbaynggirr Lore and Law.

This Allodial Title includes our responsibilities for, and relationship with, our lands, waters, airways, animal totems, songlines, sacred places, cultural heritage, and natural resources.

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Management and Protection of Country

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As sovereign people of the Gumbaynggirr Nation, and as the governing body representing our community, we hereby declare our intention to assume responsibility for the management and protection of all Crown lands, reserves, and national parks within our traditional territory.

We assert our inherent right to self-governance and to protect our lands, waters, airways, animal totems, songlines, sacred places, and resources. We shall work toward the sustainable management and conservation of these areas in accordance with Gumbaynggirr cultural values, Lore, Law, and traditional knowledge.

We call upon governments and all relevant authorities to recognize and respect Gumbaynggirr sovereignty, Allodial Title, and continuing responsibilities to Country, and to support our efforts to manage and protect these lands and waters for our people and future generations.

This Decree reaffirms our commitment to fulfilling our responsibilities as the owners and custodians of Gumbaynggirr Country and to exercising our rights as a sovereign Indigenous nation.

Signed by:

The Gumbaynggirr Sovereign People
The Gumbaynggirr Government

Date: 18 November 2023

 

 

 

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Gumbaynggirr Lore and Law Enforcement Act 2023

Preamble

In recognition of the inherent rights and freedoms of the Gumbaynggirr people, the continuing and unextinguished Allodial Title of the Gumbaynggirr people, and the need to maintain peace, security, justice, and cultural integrity within our community, this Act establishes a framework for law enforcement and the protection of individual and collective rights.

The Gumbaynggirr Independent Government affirms that the Gumbaynggirr people have always held, and always will hold, Allodial Title to Gumbaynggirr Country. That title has never been ceded, surrendered, or extinguished and, according to this declaration, cannot be extinguished.

This Act shall be interpreted consistently with Gumbaynggirr Lore, Law, cultural authority, human dignity, fairness, accountability, and the protection of Country.

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Chapter 1: Law Enforcement

Section 1: Establishment of Law-Enforcement Agencies

 

1.1. The Gumbaynggirr Independent Government shall establish law-enforcement agencies responsible for maintaining peace, security, safety, and order within Gumbaynggirr territory.

 

1.2. Law-enforcement agencies shall carry out their duties fairly, impartially, transparently, and accountably, with respect for human rights, cultural authority, and cultural sensitivity.

 

1.3. The structure, appointment processes, jurisdiction, oversight, and accountability of each law-enforcement agency shall be established through properly adopted Gumbaynggirr laws and procedures.

 

Section 2: Powers and Duties

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2.1. Law-enforcement agencies shall investigate, prevent, and detect conduct identified as unlawful under duly adopted Gumbaynggirr laws.

2.2. Any claimed power to arrest, detain, charge, or prosecute a person shall be exercised only in accordance with applicable law, procedural fairness, due process, human rights, and established Gumbaynggirr procedures.

2.3. Law-enforcement agencies shall cooperate, where appropriate and lawfully authorized, with relevant local, state, national, Indigenous, and international bodies to prevent crime and maintain public safety.

2.4. No law-enforcement power shall be exercised arbitrarily, discriminatorily, or for personal, political, or retaliatory purposes.

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Chapter 2: Protection of Rights

Section 1: Individual and Collective Rights

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1.1. The Gumbaynggirr Independent Government recognizes and upholds the inherent rights and freedoms of all individuals within the Gumbaynggirr community, including the rights to life, liberty, security, equality, privacy, dignity, cultural identity, and freedom of expression.

1.2. The Gumbaynggirr Independent Government also recognizes the collective rights of the Gumbaynggirr people to Country, culture, identity, language, Lore, Law, self-determination, and the transmission of knowledge to future generations.

1.3. The Gumbaynggirr Independent Government shall take appropriate measures to protect and promote these rights, including equal access to justice, fair treatment under the law, and effective remedies for rights violations.

1.4. Mechanisms shall be established for receiving and independently investigating complaints concerning rights violations, providing remedies, and holding accountable those responsible.

 

Section 2: Community Participation

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2.1. The Gumbaynggirr Independent Government shall promote meaningful community participation in decisions relating to law enforcement, rights protection, and the management of Country.

2.2. The Gumbaynggirr Independent Government shall collaborate with Elders, cultural knowledge holders, community leaders, organizations, families, and individuals to develop programs that educate and empower community members regarding their rights and responsibilities.

2.3. Decisions affecting Country, culture, sacred knowledge, or collective rights shall be informed by appropriate consultation and Gumbaynggirr cultural decision-making processes.

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Section 3: Cultural Authority and Sensitivity

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3.1. Law-enforcement agencies shall demonstrate cultural sensitivity and respect in all interactions with the Gumbaynggirr community, including respect for Gumbaynggirr traditions, customs, languages, protocols, and practices.

3.2. The Gumbaynggirr Independent Government shall provide cultural-awareness and competency training to law-enforcement officers to strengthen their understanding of Gumbaynggirr culture and ensure respectful and effective interactions with community members.

3.3. Nothing in this Act shall be interpreted as authorizing conduct that unjustifiably harms individuals, families, the community, or Country.

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Chapter 3: Country and Allodial Title

Section 1: Continuing Title

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1.1. The Gumbaynggirr people affirm that they have always held, and always will hold, Allodial Title to Gumbaynggirr Country.

1.2. Gumbaynggirr Allodial Title has never been ceded, surrendered, abandoned, or extinguished and, according to Gumbaynggirr Lore and this declaration, cannot be extinguished.

1.3. No Crown grant, reservation, lease, licence, statutory designation, administrative action, or change in land tenure shall be regarded by the Gumbaynggirr Independent Government as terminating the Gumbaynggirr people's continuing relationship with, responsibilities to, or asserted Allodial Title over Country.

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Section 2: Scope of Country

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2.1. For the purposes of this Act, Country includes lands, waters, seas, waterways, airways, sacred places, cultural landscapes, animal totems, plants, songlines, knowledge, heritage, and natural resources within Gumbaynggirr traditional territory.

2.2. The protection and management of Country shall be guided by Gumbaynggirr Lore, Law, cultural authority, traditional knowledge, ecological sustainability, and the interests of future generations.

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Conclusion

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This Act represents the commitment of the Gumbaynggirr Independent Government to maintain peace, security, justice, and cultural integrity while protecting the individual and collective rights of the Gumbaynggirr people.

It establishes a framework for law enforcement, rights protection, community participation, cultural accountability, and the protection of Gumbaynggirr Country and Allodial Title.

This Act shall be considered, adapted, and finalized by the appropriate authorities of the Gumbaynggirr Independent National Government in accordance with its decision-making processes, Gumbaynggirr Lore and Law, community consultation, and any applicable legal requirements.

Enacted by: Gumbaynggirr Independent Government Parliament

Date: Saturday, 18 November 2023

Seal: Gumbaynggirr Independent Government Parliament

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