Around Christmas last year I did a video about the Declaration of Recognition. I wrote and did a video about how I thought that having the declaration “outside of the constitution” was code for in the preamble – which is in the Imperial constitution act – and therefore not “in” the constitution.

But I don’t think that’s right anymore, and want to write down my revised thinking.

Have you heard the saying – “hidden in plain sight”? After watching a video on youtube – and re-reading the Declaration of Recognition book from Uphold and Recognise I have a new idea what it is.

In the video – go to 32 minutes. This is Damien Freeman. He is one of the two founders of Uphold and Recognise. The other founder is Julian Leeser, who was also (very conveniently) appointed co-chair of the Joint Parliamentary Select Committee post-Yulara convention. In the video, Freeman seems a little nervous and reluctant to answer, and tries to fob a question off to Shireen Morris. I would do the same if I were him – Morris is brilliant at putting lipstick on a pig and leaving the audience none-the-wiser. Anyway – Freeman, in the video compares the Declaration of Recognition to the US Declaration of Independence.

Now – Australia is not yet Independent. Every piece of legislation passed by federal and state governments needs (foreign?) Crown assent, even if it’s at arms length by a Governor as a proxy. So it makes sense, that the first thing they would want to do once they safely have Aboriginal and Torres Strait Islander peoples locked under the Australian domestic umbrella – is to declare their independence. But they can’t actually call it a Declaration of Independence, because that would raise eyebrows and questions, because Australia is supposed to already be independent. So they call it a Declaration of Recognition instead. Outside of the interpretation of the High Court, it will be the tip-of-the-pyramid founding document of Australia, effectively replacing the Imperial Constitution Act of the UK Parliament.

Now – they needed to include the Declaration of Recognition in the Referendum Council report to demonstrate that the “First Nations State” endorsed this Declaration of Independence as part of the overall reform package. The other states and the federal government show their endorsement just before the Voice referendum. From the Referendum Council Report Recommendations;

That an extra-constitutional Declaration of Recognition be enacted by legislation passed by
all Australian Parliaments, ideally on the same day, to articulate a symbolic statement of
recognition to unify Australians.
A Declaration of Recognition should be developed, containing inspiring and unifying words articulating
Australia’s shared history, heritage and aspirations. The Declaration should bring together the three parts
of our Australian story: our ancient First Peoples’ heritage and culture, our British institutions, and our
multicultural unity. It should be legislated by all Australian Parliaments, on the same day, either in the
lead up to or on the same day as the referendum establishing the First Peoples’ Voice to Parliament,
as an expression of national unity and reconciliation.

Final Report of the Referendum Council, Page 2

They legislate it concurrently just before the referendum to give a pretense that the Australian people are also voting for Independence. I am guessing they will set up this concurrent legislation ‘ad referendum’, so conditional on the referendum passing. This endorsement of the people is a joke because Australians think it’s a gammon symbolic statement. The declaration was fairly prominent in the Referendum Council report, but you won’t see Thomas Mayor touring around explaining to whitefullas what it is.

Overall I think this means – the Unilateral Declaration of Independence that the Sovereign Union talks about is a good idea.

This is essentially what Australia is attempting to do, but with First Nations standing under their umbrella.

First Nations might want to get in first, and declare independence on behalf of their own respective nations to preempt this attempt by the Commonwealth. Recognising each other as nations will also help reinforce this position.