More information. Topics are usually less than 2 minutes long. AAP. Concocted by the early settlers, it was used, systematically, cynically and effectively to deprive the indigenous people of their own land. The new conversation that we need to be having around our rights to land and resources has been captured in the thematic areas I have just spoken about. And in some cases native title had become a millstone, almost drowning people in a sea of regulation, red tape and process without any semblance of necessary support. This is our land. . Until that day, the legal fiction of terra nullius, the land belonging to no-one, had characterised Australian law and land titles since the voyage of Captain Cook. Until Mabo, we had been a forgotten people, even though we knew that we were in the right.". Another similarity is something that sometimes we do not acknowledge enough. We invite you to walk with us in a movement of the Australian people for a better future.. While working as a gardener at James Cook University, he found out through two historians that, by law, he and his family did not own their land on Mer. It was during a stint as a gardener at the James Cook University at Townsville in Queensland, that his eyes were opened to the greatest injustice his people had ever been subjected to. He told them of his dream of ending his days on Murray Island, on the ancestral land that had been handed down through his family for 15 generations. Their hard fought battle against the Queensland government finally consigned the lie of terra nullius to the historical dustbin and recognised the unique rights that we hold as Aboriginal and Torres Strait Islander peoples to our traditional land and waters. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. In 1982, along with four other Meriam people from Murray Island, he initiated legal proceedings in the Queensland Supreme Court claiming customary ownership of their lands on Murray Island. The case presented by Eddie Mabo and the people of Mer successfully proved that Meriam custom and laws are fundamental to their traditional system of ownership and underpin their traditional rights and obligations in relation to land. This activity encourages children to write down their knowledge in a structured report . But 20 years after the judgement, there's still a debate among constitutionalists, lawyers and politicians about the legacy of Mabo. Love, kindness, forgiveness; always love. That is, how do we build on the underlying communal title to create options for our economic development? Birthdays, anniversaries, sports events and special schools days were missed. In going down this track we have to understand and have to get these institutions to understand that there is a fair dinkum business case for doing this because we have had enough of welfare and charity. A culture and a people facing devastation. This could also be translated as greater Indigenous control over our lands and resources more generally, and a decrease in the burden placed on Indigenous landholders as I have mentioned earlier today by government and other industries. I also acknowledge Meriam PBC Chair Mr Doug Passi. On 3 June 1992, six of seven Australian High Court judges ruled: The Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands [in Torres Strait]. We pay our respects to the people, their cultures and Elders past, present and emerging. In the Shire of . Truth. But without warriors such as Eddie, David and James, Rob and countless others, we would not be in the position regarding Indigenous land tenure that we are in today. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. He knew about suffering. Australian law for two centuries hid the truth behind words. These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. 23 Nov 1990 - 21 Oct 1994 Library at the University College of Townsville, Queensland. In 1979 Wiradjuri man and law student Paul Coewalked the path that Eddie Mabo would follow all the way to the High Court of Australia. The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. Gail, to your Mum Bonita, to Eddie Junior, Wannee, Bethal, Celuia, Ezra, Mario, Malita, Malcolm, Jessie and to you Gail, can I pay special tribute to for the generosity of you all in giving your husband and Dad to us. Across language itself. The Mabo case Records relating to the Mabo case About Eddie Mabo Edward Koiki Mabo was born on 29 June 1936. Other forms of recognition have been added. Without this foundation, there would be no opportunity for us to access these rights through this unique form of land tenure. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. "It gave us back our pride. When democracy is teetering and autocracy is rising. Mabo Day occurs annually in Australia on 3rd June. He knew about hope and he knew about justice. The judges satisfied themselves that Aboriginal people had been in Australia first, did have a long, rich culture that denoted civilisation and had voluminous evidence of land demarcation, usage and inheritance, to back up their claims of longevity and history. When the decision overturning Terra Nullius eventually came, the judges referred to the policy as "the darkest aspect of (our) national history" and one that left "a legacy of unutterable shame". It is this issue of development that I will explore later in greater detail. Eddie Mabo's heritage and culture were major influencers in his rise to prominence. Eddie Koiki Mabo was an advocate of the 1967 Referendum, fighting for equal rights including education. We go on, he said, ever, ever, ever on. In that book he argued, contrary to theories of Charles Darwin, that it was not the fittest or the strongest nor the smartest that survive but those who can manage change, that is it is the most adaptable who survive. In 2008, a library at James Cook University was named after him. The decision. But he was wrong. Together yindyamarra winanghanha means to live with respect in a world worth living in. 10. You may have heard that Tim Wilson, Human Rights Commissioner and I recently co-convened a roundtable on Yawuru country on the issue of Indigenous property rights. Eddie Koiki Mabo at Las, Murray Island, 1989 On 3 June 1992 the High Court of Australia recognised that a group of Torres Strait Islanders, led by Eddie Mabo, held ownership of Mer (Murray Island). It would most likely still be in place had it not been for Eddie Koiki Mabo. But that's just 11% of Australia's land mass. For Indigenous peoples around the world, the Declaration has been a means by which they can free themselves from the shackles of colonialism and share equitably in the benefits of development.[8]. Overwhelmingly, what participants told us at the Roundtable was that whilst there had been an expansion of the Indigenous estate since the commencement of the Native Title Act that it largely has not delivered sustainable outcomes for Aboriginal and Torres Strait Islander peoples. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. He also co-operated with members of the Communist Party, the only white political party to support Aboriginal campaigns at the time. Can Nigeria's election result be overturned? We will adapt, we will take advantage of these opportunities and we will leave a great legacy. B12 of 1982 in the High Court of Australia). In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More Fungibility and native title. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. He spoke of impermanence: He knew things did not last and yet we do. On 3 June 1992 the High Court of Australia ruled that a group of Torres Strait Islander people, led by Eddie Mabo, owned the island of Mer (Murray Island). Eddie Mabo of Mer island in the Torres Strait spent a decade seeking official recognition of his people's ownership of Mer and on 3 June 1992, the High Court of Australia agreed, rejecting the doctrine that Australia was terra nullius (land belonging to no-one) at the time of European settlement. Words like han. Eddie Mabo and Gerard Brennan overturned the terra nullius policy and changed Australia forever. the belief that Australia and its islands belonged to no-one when claimed by the British in 1770) in a landmark court . When I looked over the lives of these two great Australians I was struck by the similarities of their struggles and the qualities they each share. This our ancestors did, according to the reckoning of our culture, from the Creation, according to the common law from "time immemorial", and according to science more than 60,000 years ago. This is an edited extract of the 2022 Mabo Lecture, delivered by Stan Grant on June 3, 2022, to commemorate 30 years since the Mabo decision. Justice John Willis said: "In Australia it is the colonists not the Aborigines are the foreigners.". It remains a collection of canvas and tin, but it has grown in those years since a handful of young Aboriginal activists planted a beach umbrella and wrote the word Embassy on a manila folder, to shake a fist at the power on the hill. This sovereignty is a spiritual notion: the ancestral tie between the land, or "mother nature", and the Aboriginal and Torres Strait Islander peoples who were born therefrom, remain attached thereto, and must one day return thither to be united with our ancestors. Edward Koiki Mabo was born on 29 June 1936. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. No transcript available, 2016 Lecture Presentation by Professor N M Nakata, Pro-Vice Chancellor for Indigenous Education and Strategy, James Cook University (Transcript), 2016 Lecture Presentation by Professor N M Nakata, Pro-Vice Chancellor for Indigenous Education and Strategy, James Cook University (2016 Lecture Transcript), 2015 Presentation by The Hon. JCU websites use cookies to enhance user experience, analyse site usage, and assist with outreach and enrolment. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. Tenacity, fearlessness, fearsome, tireless are some of the words that come to mind when the names Rob Riley and Eddie Mabo are mentioned. [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. Words makaratta. Rachel Perkins, director of the new film, says Mabo's is "an iconic story in the tradition of great Australian tales, how a man, his wife and his mates profoundly changed the nation". It was awarded Best Documentary at the Australian Film Institute Awards and the Sydney Film Festival.It also received the Script Writing Award at the New South Wales Premier's Literary Awards. JCU celebrates the history-making Mabo decision with the long establishedEddie Koiki Mabo Lecture Series, an annual public commemorative presentation by a prominent person who has made a significant contribution to contemporary Australian society. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. Short for Mabo and others v Queensland (No 2) (1992), the Mabo case, led by Eddie Koiki Mabo, an activist for the 1967 Referendum, fought the legal concept that Australia and the Torres Strait Islands were not owned by Indigenous peoples because they did not 'use' the land in ways Europeans believed constituted some kind of legal possession. In his historic speech at Sydney's Redfern Park, then Prime Minister Paul Keaing said: "By doing away with the bizarre conceit that this continent had no owners prior to the settlement of Europeans, Mabo establishes a fundamental truth and lays the basis for justice." They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. Keating begins by discussing the moral and legal implications of the decision. HOST: Today is Mabo Day. Resting Place of Eddie Mabo. However, most importantly of all, we are now faced with the challenge of how to make the most of our rights to land and native title once we have them, for our prosperity and sustainability. These things range from various legal and administrative barriers that are placed on us once a native title determination has been made and includes various tax and regulatory standards placed on Aboriginal and Torres Strait Islander communities in the post determination phase, conflicts between individual and communal property interests and issues arising from the conversion of title. It felt in this case that the time had come. The conference, 'Land Rights and the Future of Australian Race Relations', was sponsored by the Townsville Treaty Committee and the James Cook University's Student Union. Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. It commemoratesEdward (Eddie) Koiki Mabo (1936-1992), a Torres Strait Islander whose campaign for Australian Aboriginal and Torres Strait Islander land rights led to a landmark decision in the High Court of Australia on 3rd June 1992 that overturned the legal fiction of terra nullius, which had characterised Australian law with respect to land and title since the voyage of Captain James Cook in 1770. He would later describe his time on the island as 'the best time of my life'1. In 2014, Australia ranked second after Norway, in the United Nations Human Development Index,[9] a position that would seem to indicate that we all enjoy a quality of life superior to most others in the world. And he knew truth. There will be many words between now and then. Mabo's credibility as the primary witness for the case was savaged . . 3. Business development support and succession planning. Milosz wrote into the horror of the 20th century as he saw war all around him. The issue of compensation for unfinished business was another key theme of the Roundtable. Aboriginal and Torres Strait Islander peoples are advised that this site may contain names, images or voices of people who have passed away. Eddie Mabo was a Torres Strait Islander activist. Eddie Koiki Mabo presents a guest lecture about the Torres Strait Islander community 2,837 views Nov 18, 2020 51 Dislike Share Save JCU Library 451 subscribers This short video is an excerpt. This push for economic independence has sought to move away from models of government dependency and have been premised largely on the use of our land as the basis to achieve this. (2011 lecture transcript), 2010 Presentation by Professor Chris Sarra. On 3 June 1992, the High Court of Australia ruled in favour of limited native title. Of invasion. At: http://www.ohchr.org/EN/Issues/Development/Pages/RealizingaVisionforTransformativeDevelopment.aspx (viewed 9 June 2015), [8] N Collings, Native title, economic development and the environment, Australian Law Reform Commission Journal 15, 2009. 1h 43m. Following his speech, he was approached by a lawyer, who asked if he'd be interested in taking the Australian Government to court to finally decide who owned the land. It is sadness beyond the word sadness itself. The man who had engineered the historic change of law, never lived to witness it himself. But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. Others, while acknowledging the shortcomings of Mabo's long-term legacy, still regard it as a watershed moment in Australian political, cultural and economic life. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . [11]Native Title Act 1993 (Cth), preamble. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 It goes on to mention the yet unfulfilled nature of redress through a social justice package that I alluded to earlier: Aboriginal and Torres Strait Islander peoples have been progressively dispossessed of their lands. But despite the success of the '67 campaign, in 1972 Eddie Mabo still had to get permission from the Queensland authorities to visit his dying father on Mer Island. Mabo expressed disbelief and shock. 2019. A decade later, I was a young reporter still in my early 20s, finding my way into the foreign world of journalism when I saw a listing for a case at the High Court. At the 1981 James Cook University Land Rights Conference Eddie Mabo made a passionate speech about land ownership and ancestral inheritance in the Murray Islands. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. Our landsings gently a song of sadness. Mabo and his fellow plaintiff's fought for land on Mer - their ancestral gardens and home. The Declaration incorporates four fundamental human rights principles that can be categorised as: However, the UN Declaration on the Right to Development has been a lesser-known cousin to the Declaration on the Rights of Indigenous Peoples. He was right. And he knew truth. On Monday, he laid a wreath on Mr Mabo's grave on Mer Island. To seek justice we had to speak the words of British law. These are the traditional lands and waters of the Meriam people, and the final resting place of Eddie Mabo in Las Village. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. And he was right. Strengthening our relationships over lands, territories and resources: the UN Declaration on the Rights of Indigenous Peoples, Climate change from the perspective of the Torres Strait, Beyond Mabo: Native Title and closing the gap, People, identity and place. In some ways our systems of governance is a defining feature of the oldest living culture on this planet. This was our land. That is the view most widely endorsed by history. "I think that like many others, I was trying to deal with something that was new, that was undefined," Kennett told The Age newspaper. Searching for 'Mabo' in RecordSearch brings up many results, including the files below. Stan Grant is the ABC's international affairs analyst and presents China Tonight on Monday at 9:35pm on ABC TV, and Tuesday at 8pm on the ABC News Channel, anda co-presenter of Q+A on Thursday at 8:30pm. Why Alex Murdaugh was spared the death penalty, Why Trudeau is facing calls for a public inquiry, The shocking legacy of the Dutch 'Hunger Winter', Why half of India's urban women stay at home. A lawyer heard the speech and asked Eddie if he would like to challenge the Australian Government in the court system, to decide who the true owner of the land on Mer was, his . As the Broome Roundtable highlighted, this remains one of the key unresolved issues facing Aboriginal and Torres Strait Islander peoples and their quest for ongoing economic development. Volume 1 (227pp), Volume 2 (58pp). Eddie Mabo at James Cook University, early 1980s Series 8. Eddie Koiki Mabo Lecture Series. But that hasn't stopped indigenous people, like Queensland elder Douglas Bon, taking great satisfaction in the ruling. Rob was at the forefront of the fight for land in Western Australia, particularly at Nookanbah and when the WA Government led the resistance to national land rights legislation. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. Can I be indulgent and add a couple of others. Watch all your favourite ABC programs on ABC iview. However, in the lead-up to these hearings, the Parliament of Queensland passed the Queensland Coast Islands Declaratory Act 1985, which asserted that, upon being annexed by the Queensland Government in 1879, 'the islands were vested in the Crown freed from all other rights, interests and claims'. What is this Eddie Mabo Biography Worksheet? His mother passed away shortly after his birth and he was adopted by his Uncle Benny and Aunty Maigo Mabo in line with Islander custom. Transcript of proceedings.in the High Court of Australia between Eddie Mabo, David Passi, James Rice.and the State of Queensland Proceedings for 28-31 May 1991, 3 June 1992, and 8 December 1992. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. As Eddie Mabo sketched out his plans to shake the foundations of Australian law, he told his daughter his prophecy: "One day, all of Australia will know my name." This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. We cross rivers and we are changed like the water itself. 2023 BBC. According to accounts of the conversation, the two scholarly figures looked at each other and then, delicately, told Mabo that he didn't own the land and that it was Crown land. 5. Some key principles underpinning this right are: This Declaration centralizes the role of both the individual and government in the development process, arguing for the State to create national policies to properly ensure the development of all individuals. A lawyer heard the speech and asked . The tools to guide us with a new conversation with Government around the full realization of our rights in relation to land and native title can be found in the UN Declarations on the Rights of Indigenous Peoples and the Right to Development. I was there as a young associate working for a judge, and saw the jubilation and relief of . "Quite simply, Eddie Mabo brought an end to a two-centuries-old lie," says Rachel Perkins, director and inspiration behind the new movie, Mabo, released to coincide with the 20th anniversary of the historic High Court case. Promoting Indigenous peoples right to development. There was something of destiny in the air. Indigenous Education and Research Centre Realising these aspirations, is key to our economic development and prosperity as Aboriginal and Torres Strait Islander peoples where our land is our ultimate asset. Then, in June 1992, the years of sacrifice and persuasion came to fruition. Edward 'Koiki' Mabo (1936-1992), Torres Strait Islander community leader and land rights campaigner, was born on 29 June 1936 at Las, on Mer, in the Murray group of islands, Queensland, the fourth surviving child of Murray Islands-born parents 'Robert' Zesou Sambo, seaman, and his wife 'Annie' Poipe, ne Mabo. Mabo v Queensland (No 1) was heard in 1986and 1988. First, they ask me to pass on their greetings and their thanks for allowing me on your lands. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. The Roundtable was held after there was significant interest on this issue when Commissioner Wilson and I undertook some consultations around the country last year. At: https://www.humanrights.gov.au/sites/default/files/document/publication/social_justice_native_title_report_2013.pdf (viewed 5 June 2015), [5] T Calma, Native Title Report 2008, Australian Human Rights Commission (2009), p 46. According to accounts of the conversation, the two scholarly figures looked at each other and then, delicately, told Mabo that he didn't own the land and that it was Crown land.
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