"It gave us back our pride. The man who had engineered the historic change of law, never lived to witness it himself. Eddie Mabo at James Cook University, early 1980s Series 8. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. 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. Friends we are the First Peoples of this country and we are the oldest living culture in the world because of our ability to adapt to ever changing environments and circumstances. It is a feeling. Eddie Koiki Mabo was a Torres Strait Islander, known for his role in campaigning for Indigenous land rights and for the landmark decision of the High Court of Australia that overturned the legal doctrine of terra nullius ('land belonging to nothing, no one') which characterised Australian law with regards to land and title. 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. One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. 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. Fungibility and native title. This is our land. In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More eddie began his Journey on changing the rights by Making a speech at a land rights conference at the James Cook University his speech explained the traditional land owners and the inheritance system that . And he was right. The new Prime Minister, Anthony Albanese, says there will be a referendum to enshrine a voice an Indigenous representative body in the Australian constitution. Our News Ten years before, Eddie Koiki Mabo and his comrades started the legal battle for the recognition of the Meriam people and the ownership of Mer Island. I have previously spoken at length about the importance of the Declaration on the Rights of Indigenous Peoples, which contains 46 articles on the rights that Indigenous peoples all around the world hold. The Mabo verdict was arguably the most significant court ruling in the history of Indigenous Australia, overturning the concept of terra nullius and paving the way for native title. Mabo, Edward Koiki (Eddie) (1936-1992) . Mabo expressed disbelief and shock. The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. Unlike them, however, Mabo wasn't going to accept it. In the Shire of . Court cases in the mid-19th century challenged the idea of British settlement at the time the rulings were in favour of the Crown. Mabo v Queensland (No 1) was heard in 1986and 1988. Vincent Lingiari and men and women of the Gurindji people. Transcript. 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. 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. Then, in June 1992, the years of sacrifice and persuasion came to fruition. You can find it still, somewhere buried in the archives of ABC News. The golden house of is collapses and the world of becoming ascended.". 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. This independence could be realized through greater roles for Indigenous landholders through business, land management and other opportunities. 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. [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. "Koiki was ambitious for himself and for his people.". . Eddie Mabo's heritage and culture were major influencers in his rise to prominence. But he had to find words to speak a deeper truth even as he upheld the myth of terra nullius that Aboriginal people, he said, had a "subtle and elaborate system of law". I have heard many stories from Aboriginal and Torres Strait Islander communities and Traditional Owners about the many barriers they face in reaching their potential benefits under land rights and native title. The National Archives holds a diverse array of records relating to the Mabo case. Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. It is sadness beyond the word sadness itself. To make agreements. It contains just 10 articles on what the instrument describes as an, inalienable right, by which every human person and all peoples are entitled to participate in, contribute to and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised.[6]. (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. A case was made, and took 10 years to reach a decision. Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . Eddie Mabo wanted to change the law of Terra Nullius and claim the Aboriginal people as the original owners of the land this would change social and political views of the aboriginal people. Aunty Clara Ogleby, I begin by acknowledging and paying my respects to the Kuku Yalanji people, Traditional Owners of the place upon which we sit and talk today. 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. It felt in this case that the time had come. He is hardworking and determined, but at the cost of his family life. Eddie Koiki Mabo died of cancer on 21 January 1991, before the case was resolved. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. In 1982, Eddie Mabo and four others began action seeking a legal declaratcion of their traditional land rights in the Murray islands of the Torres Strait, Tvn years later onL 3 June 1992, the High Court decided that his people were entitled as against the whole of ! 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. Two words showed something was wrong with the system, After centuries of Murdaugh rule in the Deep South, the family's power ends with a life sentence for murder, Flooding in southern Malaysia forces 40,000 people to flee homes, When Daniel picked up a dropped box on a busy road, he had no idea it would lead to the 'best present ever', Plans to redevelop 'eyesore' on prime riverside land fall apart as billionaires exit, Labor's pledge for mega koala park in south-west Sydney welcomed by conservation groups, Tom Sizemore, Saving Private Ryan actor, dies aged 61. They then said to tell you they are aware of your continued fight for your culture and your country and salute you for your ongoing struggle. 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]. Aboriginal Australians are celebrating the 20th anniversary of their landmark victory over land rights. Hide message. This activity encourages children to write down their knowledge in a structured report . So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. (No. To sign treaties. In particular, Roundtable participants lamented the lack of governance skills amongst Aboriginal and Torres Strait Islander landholders to successfully engage in business development and to manage their estates. As this brave mans voice even as he had passed was heard by another man who is now gone and together they changed us. Mabo - as in Eddie Mabo, who famously fought a winning fight against the legal doctrine of terra nullius to enshrine Aboriginal land rights in law - is referenced on two occasions. 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]. Up to April 2010, 84 native title cases had been dealt with by the courts, and 854,000 sq km (330,000 sq miles) is now covered by native title determinations. When voices within democracies silenced and marginalised are demanding to be heard, we are bringing oursand challenging our democracy to examine itself and for our constitution to be seeded in the first footprints, not just the first settlers. 23 Nov 1990 - 21 Oct 1994 Library at the University College of Townsville, Queensland. Together yindyamarra winanghanha means to live with respect in a world worth living in. I am sure that these issues will resonate with many of you here today. 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. This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. Alex Murdaugh jailed for life for double murder, Why the disgraced lawyer was spared death penalty, Saving Private Ryan actor Tom Sizemore dies at 61, The children left behind in Cuba's mass exodus, Xi Jinping's power grab - and why it matters, Snow, Fire and Lights: Photos of the Week. 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. But who was Eddie Mabo, why did he take up what must have seemed like a hopeless cause and what is the legacy of his campaign? Leeanne Enoch MP, Minister for Housing and Public Works and Minister for Science and Innovation. Today I want to talk about how Aboriginal and Torres Strait Islander peoples can be the leaders to grasp new opportunities that will leave a legacy for generations to come. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. AAP. He would later describe his time on the island as 'the best time of my life'1. Ten years later, he conceded his fears were unfounded. 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. 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. British law was the law of the colony and usurped and superseded Aboriginal law. 10. I want to begin by honouring and quoting the words of the now late chief justice of the High Court of Australia, Sir Gerard Brennan,the words he wrote in his lead judgement in the Mabo case: The common law itself took from Indigenous inhabitants any right to occupy their traditional land, exposed them to deprivation of the religious, cultural and economic sustenance which the land provides, vested the land effectively in the control of the imperial authorities without any right to compensation and made the Indigenous inhabitants intruders in their own homes and mendicants for a place to live. The words are carefully chosen to sit alongside each other withjust the right length and the right tone, each one setting up the other and chosen for both meaning and music. 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. His mother passed away shortly after his birth and he was adopted by his maternal Uncle and Aunt, Benny and Maiga Mabo in line with Islander . The Roundtable included a diverse range of Aboriginal and Torres Strait Islander people, with nearly 50 people in total from as far and wide as the Torres Straits, the Gulf of Carpentaria, Cape York, Sydney, the Kimberley and Darwin. Mabo tells the story of one of Australia's national heroes - Eddie Koiki Mabo, the Torres Strait Islander man who left school at age 15, yet spearheaded the High Court challenge that overthrew the fiction of terra nullius. Mabo Day occurs annually in Australia on 3rd June. A culture and a people facing devastation. The fall of the golden house of is but not the end. The next generation of native title issues are due to hit us shortly through processes such as litigation regarding ILUAs, variations to determinations and compensation proceedings.[2]. SPEECH - THURSDAY, 3 JUNE . 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. This landmark decision led to the Australian Government introducing native title . 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. A discussion of Mabo Day (June 3), which commemorates Torres Strait Islander activist Eddie Koiki Mabo and the historic Mabo decision, in which the High Court of Australia acknowledged Aboriginal and Torres Strait Islander peoples' land rights. 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. First, they ask me to pass on their greetings and their thanks for allowing me on your lands. The memory of wounds. 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". Here we are 30 years later, still on that journey. 2023 BBC. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. In fact, the court went to considerable lengths to establish that the impact of its judgment will be minimal on non-Aboriginal Australians. So, in many ways, the victory has been more symbolic than practical. 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 is our land. Twenty three years after the Mabo decision we are going through another adaption as we talk about how we can start to enjoy the benefits that come from land ownership in the same way that is open to all other Australians, without compromising our unique rights as Aboriginal and Torres Strait Islander people. 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. The Court also recognised that all Indigenous people in Australia have rights to their land. I also acknowledge Meriam PBC Chair Mr Doug Passi. Mr Mabo died in 1992 just months before his 10-year legal battle for native title rights proved successful. But alongside . 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. People gathered this week in Townsville, Queensland, to remember a seminal moment in the nation's history, and the efforts of one man to bring it about. Watch all your favourite ABC programs on ABC iview. 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. The issue of compensation for unfinished business was another key theme of the Roundtable. 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. Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. 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 . These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. The former president of Western Australia's Liberal Party, Bill Hassel, said the ruling was greeted with "outrage". The preamble to the Native Title Act makes it clear that the objectives of the legislation are to: rectify the consequences of past injustices by the special measures contained in the Act to ensure that Aboriginal peoples and Torres Strait Islanders receive the full recognition and status within the Australian nation to which history, their prior rights and interests, and their rich and diverse culture, fully entitle them to aspire.[11]. We invite you to walk with us in a movement of the Australian people for a better future.. Three bound volumes regarding the determination of a reference from the High Court of Australia of the factual issues raised in the action by Eddie Mabo and others - prepared by Justice Moynihan. Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . Keating begins by discussing the moral and legal implications of the decision. The judge's four hundred page report presented Mabo and his barristers with a bombshell which threatened to sink their case. I had read about the case as it moved through the lower courts. Some went further, fuelling the hysteria with unsubstantiated claims - Jeff Kennett, then the premier of Victoria, said suburban backyards could be at risk of takeover by Aboriginal people. But it was a bittersweet moment for the indigenous population. 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 second key theme that was raised at the roundtable was the issue of financing economic development within the Indigenous estate. In 1981, Eddie Mabo made a speech at James Cook University in Queensland, where he explained his people's beliefs about the ownership and inheritance of land on Mer.

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