In Torres Strait Islands called the Mabo case, for Eddie Mabo, the first-named plaintiff) brought by several individuals that was won in the High Court of Australia in 1992; subsequent cases were also settled in favour of other groups of islanders. There was scepticism, even cynicism, but I was able to report the story. That is, after 20 years of operation, we finally saw the first time compensation had been awarded for the extinguishment of native title rights and interests under the Native Title Act. 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. He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. 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." Unfortunately, the right to development is not a concept often thought about in relation to Aboriginal and Torres Strait Islander peoples as members of a developed country. Mabo v Queensland (No 1) was heard in 1986and 1988. Eddie Koiki Mabo: A Meriam man, husband to Bonita Mabo and father to 10 children. However the Federal Court found that the South Australian government were liable for an undisclosed amount to the Nguraritja people for parcels of land over which, but for the prior extinguishing acts of government, they would have held native title. The 50-minute recording shows Koiki Mabo talking about the history of the Torres Strait Islander community, both in the Torres Strait and on the Australian mainland, and the long term impact on his culture of the coming of Europeans, from the first missionaries to current government administrators. This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. I have heard it at dawn as the earth crackles, the river waters run, and the animals stir as the Sun peers above the hills and the light strikes the trees on my beloved Wiradjuri country. According to his daughter Gail Mabo, it 'fuelled his determination for recognition and equality in society'. At: http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a (viewed 9 June 2015). 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. The lack of planning and support for native titleholders to economically develop their land was identified as one of the major failings of the native title system. (2012) This program was published 2 years ago. What's the least amount of exercise we can get away with? He would later describe his time on the island as 'the best time of my life'1. 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. But alongside . That is the view most widely endorsed by history. 2006 Presentation by Professor Larissa Behrendt. The man who had engineered the historic change of law, never lived to witness it himself. Transcript. HOST: Today is Mabo Day. Participants identified that we need to start considering the role of the financial services industry, as well as agencies such as Indigenous Business Australia and the Indigenous Land Corporation in the context of our economic development. It is short for Mabo and others v Queensland (No 2) (1992). Aboriginal and Torres Strait Islander viewers are advised that this resource and resource page may contain the image, name or voice of deceased persons. Yindyamarra winanghanha. In my tribute to Rob, I mentioned how losing that fight for national land rights lit the fires for what was to become the fight for native title led by Eddie, with Rob being part of the leadership that negotiated the Native Title Act through the national parliament to give legislative effect to the High Court decision championed by Eddie. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. 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". 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 . The Murray Islands Mabo v Queensland (No 2) (commonly known as the Mabo case or simply Mabo) is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia. 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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. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. Even though these rights have been watered down over the years, they have enabled us to reach a point where we now own nearly a third of the entire Australian continent and I am told approximately 54% of places like the Northern Territory. We pay our respects to the people, their cultures and Elders past, present and emerging. It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. 1h 43m. Uncle Edward 'Koiki' Mabo was born in 1936, in Las on the island of Mer (Murray Island) in the Torres Strait to 'Robert' Zesou Sambo and 'Annie' Poipe, ne Mabo. "For two centuries, the British and then white Australians operated under a fallacy, that somehow Aboriginal people did not exist or have land rights before the first settlers arrived in 1788.". British law was the law of the colony and usurped and superseded Aboriginal law. On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . "If ever a system could be called a government of laws," he said, "it is shown in the evidence before me.". Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? It felt in this case that the time had come. Yindyamarra is respect: It is quiet, it is humble. Justice John Willis said: "In Australia it is the colonists not the Aborigines are the foreigners.". 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. He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. Words like the Uluru Statement from the Heart: We, gathered at the 2017 National Constitutional Convention, coming from all points of the southern sky, make this statement from the heart: Our Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs. Suggested answer: While working as a grounds keeper at James Cook University in Townsville, Eddie learnt about Australian land ownership laws. And he knew truth. AAP. But it was a bittersweet moment for the indigenous population. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. It was suggested that we, as Aboriginal and Torres Strait Islander peoples, needed to think outside of the box when it comes to this issue. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 From 1973-1983 he established and became director of the Black Community School in Townsville. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. 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. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. Whilst the case did little to clarify the legal principles around calculating compensation, it is one example of the positive realization after many years, of the rights of Aboriginal and Torres Strait Islander peoples to land and waters within the native title system. The Mabo Case Eddie Mabo is widely known for his plight to regain land rights for both Aboriginal and Torres Strait Islander people. 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. I hope that youll share with me the need to move this conversation forward, in order to best realise our rights under native title and the benefits that should follow from that. The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. I must say though, that beyond economic development, effective governance is critical to ensuring that our organisations are transparent and accountable to our communities and this is one challenge to which we must rise. Some records include terms and views that are not appropriate today. It's the anniversary of a court decision that recognized for . Aboriginal and Torres Strait Islander people should be aware that the National Archives' website and collection contain the names, images and voices of people who have died. Eddie Mabo's legal pursuit of these issues resulted in one of the most significant legal cases in Australian history, in that it completely overturned the idea of terra nullius (land belonging to no-one) and challenged traditionally held beliefs about how Australia came into being, and about ownership of land. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. Older articles are being reviewed with a view to bringing them into line with contemporary values but the original text will remain available for historical context. And it was this; hardly any compensation has come our way despite all of the fear mongering over the years about the rivers of compensation that would flow from the realization of our rights under land rights and native title. It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. Well, Australia now stands at a moment of history. Love, suffering, hope, justice and truth Eddie Mabo knew about love too. So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. Mabo gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. On November 16, 1990, after a year of considering the facts of the case, Justice Moynihan delivered his written findings to the High Court of Australia. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. Mabo's credibility as the primary witness for the case was savaged . From 1973-1983 he established and became director of the Black Community School in Townsville. Text 1936 In 1992 the High Court handed down its historic ruling. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. Searching for 'Mabo' in RecordSearch brings up many results, including the files below. Leeanne Enoch MP, Minister for Housing and Public Works and Minister for Science and Innovation. Of invasion. I'd also like to thank AIATSIS for the invitation to speak today and in doing that can I congratulate you Russell on receiving your recent Member of the Order of Australia award. Can I also acknowledge all you here today who have come together to work out how we can access our land, seas and waters easier and quicker, but who have also come to talk to each other about how we can make better use of our estates to make life a little better for the rest of our mob out there. Choose from the list of topics on the left and then choose 'Click to Play'. This activity encourages children to write down their knowledge in a structured report . Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. The remarkable life story of Eddie 'Koiki' Mabo; a Torres Strait Islander who left school at the age of 15, yet spearheaded the High Court challenge that overthrew the fiction of terra nullius. 2019. He knew about suffering. Mabo Day occurs annually in Australia on 3rd June. The "fallacy" that Perkins speaks of is the concept of Terra Nullius, land belonging to no-one. Uncle Eddie 'Koiki' Mabo. 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. Land claim, 1981-1992 In 1981, at a conference on indigenous land rights in Townsville, a decision was made to pursue a native land title claim for the people of the Murray Islands in the High Court of Australia. Truth. Legacy of Eddie Mabo. 2. Financing economic development within the Indigenous estate. [12] Native Title Act 1993 (Cth), preamble. Watch all your favourite ABC programs on ABC iview. Eddie Koiki Sambo was born on June 29, 1936 on the Torres Strait island of Mer, also known as Murray Island. JCU websites use cookies to enhance user experience, analyse site usage, and assist with outreach and enrolment. In-text: (Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision, 2019) Your Bibliography: Time Out Sydney. Those cases resulted in the acknowledgment that Australian Aboriginal and Torres Strait Islander peoples had the right to claim the land they and their ancestors had lived on for thousands of years. Eternal. But 20 years after the judgement, there's still a debate among constitutionalists, lawyers and politicians about the legacy of Mabo. 23 Nov 1990 - 21 Oct 1994 Library at the University College of Townsville, Queensland. 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. The earliest papers on the Murray Island land claim are a manuscript and typescript of a speech by Mabo at the Land Rights and Future of Australian Race Relations Conference at James Cook University in 1981. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. Few Australians then knew the name Eddie Mabo. We need to work alongside government to equip ourselves with the knowledge and skills to turn the economic and commercial aspirations into reality. For many at JCU, the landmark legal decision has been rendered personal, as well as political and historic, because of Eddie's important association with JCU staff and students, and with our surrounding communities. 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. Several cabinet papers from the time of the Mabo decision reflect on its likely ramifications, including: The National Archives of Australia acknowledges the traditional owners and custodians of Country throughout Australia and acknowledges their continuing connection to land, sea and community. The legal decision was made by the High Court on 3 June 1992. 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. For 50 years this embassy has stood as a reminder that we are still here. 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. 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. 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. Yet, the first colonialists decided, for commercial reasons, to ignore all that and peddle the view that Aboriginal people were primitive, disorganised, culture-less creatures who deserved no rights over land. This is our land. Gail Mabo and Prime Minister Tony Abbott during their visit to the grave of Eddie Mabo on Mer Island. I was no lawyerbut I knew I sensed this was different. In 1973 Mabo founded the Black Community School in Townsville, which was created to educate Aboriginal and Torres Strait Islander children and preserve traditional knowledge and practices. But the . Make an Impact. (2013 lecture transcript), 2012 Presentation by Professor Henry Reynolds. Mabo: Life of an Island Man is a 1997 Australian documentary film on the life of Indigenous Australian land rights campaigner Eddie Koiki Mabo.. As Noel Pearson has recently said in relation to this issue: Were moving from a land rights claim phase to a land rights use phase where people are grappling with how we make our land contribute to our development.[3]. The Keating government gave effect to the Mabo decision by introducing the Native Title Act 1993, which facilitated the process of recognising native title.
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