One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. Fungibility and native title. Mabo expressed disbelief and shock. Legacy of Eddie Mabo. I also acknowledge Meriam PBC Chair Mr Doug Passi. [9] UN Development Programme, Human Development Index, UN Human Development Report. Eddie Koiki Mabo was an advocate of the 1967 Referendum, fighting for equal rights including education. Mabo expressed. active, free and meaningful participation in development; self-determination and full sovereignty over natural wealth and resources. Yindyamarra winanghanha. Can I be indulgent and add a couple of others. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. 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'. These barriers all prevent us from using our land to enter into the economy from which we can see ourselves and our communities thrive. 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. In 1981, Eddie Mabo delivered a speech at James Cook University in Queensland, where he challenged the widely accepted belief of ownership and inheritance of land on Murray Island. 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. 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. On Monday, he laid a wreath on Mr Mabo's grave on Mer Island. 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. How might this case shatter the myth of terra nullius? And he knew truth. It would most likely still be in place had it not been for Eddie Koiki Mabo. 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. Bryan Keon-Cohen was one of Eddie Mabo's barristers, and he gave a speech at Mabo's funderal in Townsville in Feb 1992 - he said: 'I confine myself here . However, whilst the right to development is about improvements in economic and material outcomes, it is also about our rights as Indigenous peoples to self-determination and our rights to control our natural wealth and resources. Promoting Indigenous peoples right to development. A documentary, Mabo: Life of an Island Man, directed by Trevor Graham, was released in 1997 and received the Australian Film Institute Award for Best Documentary. That is the view most widely endorsed by history. 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. 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. 2009 Presentation by Professor Ross Garnaut, Vice-Chancellor's Fellow and Professorial Fellow in Economics, The University of Melbourne, and Distinguished Professor, The Australian University. But 20 years after the judgement, there's still a debate among constitutionalists, lawyers and politicians about the legacy of Mabo. Choose from the list of topics on the left and then choose 'Click to Play'. 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. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. Meriam history and culture were crucial to the success of the Mabo case. 3. Business development support and succession planning. "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. 2023 BBC. The decision. Justice John Willis said: "In Australia it is the colonists not the Aborigines are the foreigners.". He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. The memory of wounds. "The golden house of is collapses. the Aborigines did not give up their lands peacefully; they were killed or removed forcibly from the lands by United Kingdom forces or the European colonists in what amounted to attempted (and in Tasmania almost complete) genocide.". Another similarity is something that sometimes we do not acknowledge enough. De Rose Hill is a landmark case because it represents a significant moment in time in the native title space. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. The Mabo decision was a legal case held in 1992. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. 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]. 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". The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " 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. 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 . Eddie Koiki Sambo was born on June 29, 1936 on the Torres Strait island of Mer, also known as Murray Island. Mabo's credibility as the primary witness for the case was savaged . Transcript. 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. We all know about the legacy of native title left by Meriam and Murray Islanders Edward Koiki Mabo, David Passi and James Rice. The Court also recognised that all Indigenous people in Australia have rights to their land. With support from legal experts, Mabo, along with fellow plaintiffs and Murray Islanders Reverend David Passi, Celuia Mapoo Salee, Sam Passi and James Rice, brought a case against the Queensland Government in the High Court. He knew about hope and he knew about justice. He was, if you like, an Australian Nelson Mandela, someone who led his people in a struggle against incalculable odds, to what was rightfully theirs. . 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. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. It is sadness beyond the word sadness itself. We pay our respects to the people, their cultures and Elders past, present and emerging. . 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. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. Another key challenge that came out of the roundtable was the need to improve the capacity of our mobs to have the necessary advocacy; governance and risk management skills to successful engage in business and manage our estates in order to secure the best possible outcomes for our communities. 2006 Presentation by Professor Larissa Behrendt. 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. A lawyer heard the speech and asked . This will always be our land. 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. 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. Watch all your favourite ABC programs on ABC iview. 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." (No. Other forms of recognition have been added. In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. So, in many ways, the victory has been more symbolic than practical. That permission was denied. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. Eddie Mabo was a Torres Strait Islander activist. The former president of Western Australia's Liberal Party, Bill Hassel, said the ruling was greeted with "outrage". 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. 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. 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. Without this foundation, there would be no opportunity for us to access these rights through this unique form of land tenure. They can raise us to anger then soothe us. Watch. Document: 00003849.pdf 1 Page(s) Speech at the Gurindji Land Ceremony. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. From 1973-1983 he established and became director of the Black Community School in Townsville. This activity encourages children to write down their knowledge in a structured report . Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. On 3 June 1992, the High Court of Australia ruled in favour of limited native title. And he was right. The fall of the golden house of is but not the end. 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 landmark decision led to the Australian Government introducing native title . 10. Few Australians then knew the name Eddie Mabo. Mabo died five months earlier from cancer in January 1992, at the age of 55. Our people know han. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. (2012) This program was published 2 years ago. It clearly did not, for instance, lead to vast numbers of white Australians being forced from their homes, businesses, mines or farms. Rejected at each turn. "If Koiki Mabo were alive today he would be an angry man," says Malezer. 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. I think much of the dialogue on this issue in Australia has revolved around how to protect Aboriginal and Torres Strait Islander peoples from development as opposed to how to realize our rights to development and the associated benefits that come with it. By continuing to use this site, you are giving us consent to do this. He's recorded as saying: "No way, it's not theirs, it's ours." First, they ask me to pass on their greetings and their thanks for allowing me on your lands. Aboriginal and Torres Strait Islander Social Justice, Copyright Australian Human Rights Commission, http://www.austlii.edu.au/au/journals/JlIndigP/2014/33.pdf, http://www.theaustralian.com.au/news/features/property-rights-will-help-economic-development-of-indigenous-australians/story-e6frg6z6-1227365821530, https://www.humanrights.gov.au/sites/default/files/document/publication/social_justice_native_title_report_2013.pdf, http://www.humanrights.gov.au/publications/native-title-report-2008, http://www.ohchr.org/EN/Issues/Development/Pages/RealizingaVisionforTransformativeDevelopment.aspx, http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6, http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a, http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf. 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 Mabo Case Eddie Mabo is widely known for his plight to regain land rights for both Aboriginal and Torres Strait Islander people. 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. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. 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. I like words. This is our land. 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. Judged by any civilised standard, such a law is unjust ". 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. 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. 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. It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. 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. [1] Cast [ edit] Jimi Bani as Eddie Mabo Gedor Zaro as Young Eddie Deborah Mailman as Bonita Mabo (ne Neehow) 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. 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. In the context of Aboriginal and Torres Strait Islander peoples, Governments have committed themselves to the economic development of our communities. 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. Of invasion. 2019. 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. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. 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. 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. Mabo ended up on the mainland working a number of jobs, including labouring on the railways. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. Audio file Transcript About this record This is the soundtrack of an address to the nation on 15 November 1993 by the then Prime Minister Paul Keating, explaining the Australian Government's response to the High Court's Mabo decision. 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. 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". Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 Mabo expressed disbelief and shock. We invite you to walk with us in a movement of the Australian people for a better future.. Mabo and others: products or agents of progress? British law under a British flag. It felt in this case that the time had come. It is a feeling. The Mabo decision What is the Mabo decision? There was something of destiny in the air. Eddie Koiki Mabo died of cancer on 21 January 1991, before the case was resolved. 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. He spoke of impermanence: He knew things did not last and yet we do. 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. Eddie Koiki Mabo (c. 29 June 1936 - 21 January 1992 [1]) was an Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court of Australia which overturned the legal doctrine of terra nullius ("land belonging to nobody") which characterised The truth: This was his land. Aboriginal and Torres Strait Islander peoples are advised that this site may contain names, images or voices of people who have passed away. He knew about suffering. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. Born in 1936, he grew up in the village of Las on the north bend of Mer Island. While he believed the Murray Island belonged to the Torres Strait Islander people, Australian law stated that the Government owned the land. To seek justice we had to speak the words of British law. Words speak across tongues. I honour your Elders that have come before you, those that are here today and I wait in optimistic anticipation for those Elders who are yet to emerge. His mother died during childbirth and he was raised by his mother's brother, Benny Mabo . At: http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6 (viewed 9 June 2015). This was our land. 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. Eddie Koiki Mabo Lecture Series. 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. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. This is yet another reason why a development approach is so urgently needed. 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. 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. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. Elders saythe wateris now a battleground. Participants in Broome identified there was a real need to have a new conversation with Government around Indigenous land and property rights and how this might translate into sustainable economic development. 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.