2023 BBC. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). Legacy of Eddie Mabo. [6] UN Declaration on the Right to Development, Article 1, para 1. 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. [1] J Altman., (2014) Scullion Peddles pipedream reforms, Journal of Indigenous Policy, At: http://www.austlii.edu.au/au/journals/JlIndigP/2014/33.pdf (viewed 5 June 2015). The Mabo case Records relating to the Mabo case About Eddie Mabo Edward Koiki Mabo was born on 29 June 1936. Mabo rejected the more militant direct action tactics of the land rights movement, seeing the most important goal as being to destroy the legal justification for what he regarded as land theft. The assumptions were quite erroneous, of course, but Terra Nullius was set in unshakeable motion and stayed rooted in place for two hundred years, even though Aborigines had been in Australia for at least 40,000 years. 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". 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. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. 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. By continuing to use this site, you are giving us consent to do this. Mabo expressed. Eddie Mabo (left) and . 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. The golden house of is collapses and the world of becoming ascended.". This will always be our land. First, they ask me to pass on their greetings and their thanks for allowing me on your lands. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. Birthdays, anniversaries, sports events and special schools days were missed. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. He knew about hope and he knew about justice. Watch. I was there as a young associate working for a judge, and saw the jubilation and relief of . The issue of compensation goes to the core of the initial intent of addressing the historical dispossession of Aboriginal and Torres Strait Islander peoples from their lands and waters. 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. 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 . Truth. 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. . 2. Financing economic development within the Indigenous estate. 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. Can Nigeria's election result be overturned? 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. This is our land. And he knew truth. As much as Australias law tried to tell him he was wrong, he knew his law and he knew that even the law of Britain that had stolen this land had to admit finally admit what we all knew, what Eddie Mabo knew. Family gatherings were foregone. Overwhelmingly, Aboriginal and Torres Strait Islander people have indicated that it is time for a new process of engagement to occur with the government on the topic of our rights after native title. (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. He was right. 2004 Presentation by Fr Frank Brennan SJ AO. In particular, this was raised as a way that Aboriginal and Torres Strait Islander communities might be able to leverage finances in order to support economic development opportunities and to improve the capacity of our mobs to best manage these prospects in the future. Others, mainly white opponents, regarded the judgement as a mistake. 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. In his book Why Weren't We Told?, Reynolds describes the talks they had regarding Mabo's people's rights to their lands, on Murray Island, in the Torres Strait. I like words. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. 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. 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). Meriam history and culture were crucial to the success of the Mabo case. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. Eddie Mabo was heartbroken and never forgave government authorities. Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . 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. Watch all your favourite ABC programs on ABC iview. This link is the basis of the ownership of the soil, or better, of sovereignty., "This is the torment of our powerlessness.". In some ways our systems of governance is a defining feature of the oldest living culture on this planet. That's why the legal decision is universally known as "Mabo". 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. 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]. These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. Transcript. At: http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6 (viewed 9 June 2015). The issue of compensation for unfinished business was another key theme of the Roundtable. Rejected at each turn. In-text: (Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision, 2019) Your Bibliography: Time Out Sydney. 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. At http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf (viewed 9 June 2015). Can I be indulgent and add a couple of others. From 1973-1983 he established and became director of the Black Community School in Townsville. Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. More Information .We are closed in a box. "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. These often hamper the development and economic aspirations of the communities involved right from the start. British law was the law of the colony and usurped and superseded Aboriginal law. This issue of transfer, usability and conversion of title threw up many challenges around how to retain underlying customary title but make it usable in the modern sense. More information. 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. 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. The High Court is the highest court in Australia's judicial system. To sign treaties. 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. 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. 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. But he was wrong. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. 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. Then, in June 1992, the years of sacrifice and persuasion came to fruition. Eddie Koiki Mabo: Land Rights in the Torres Strait I would like to first of all express my sincere thanks to the organizers of this conference: in particular the James Cook University Student Union and the Aboriginal Treaty Committee in Townsville for allowing me to speak at this very important conference. Resting Place of Eddie Mabo. Sign up for free to create engaging, inspiring, and converting videos with Powtoon. I like how the words create a rhythm. 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. 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. Topics are usually less than 2 minutes long. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. Typical of such awards, the citations are generally understated and this is particularly so in your case. 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. 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. The Mabo decision was named after Eddie Mabo, the It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. The Keating government gave effect to the Mabo decision by introducing the Native Title Act 1993, which facilitated the process of recognising native title. Well, Australia now stands at a moment of history. Across language itself. 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. It was through his association with JCU humanities and education staff, Professor Henry Reynolds and Associate Professor Noel Loos, that Eddie became interested in who owned the land on which his people lived, and in Native Title. Friendship with Eddie Mabo. 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. 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. He is hardworking and determined, but at the cost of his family life. The new Prime Minister, Anthony Albanese, says there will be a referendum to enshrine a voice an Indigenous representative body in the Australian constitution. In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people. 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. On 8 December 1988, the High Court ruled this legislation invalid. We know sadness. 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. These are the traditional lands and waters of the Meriam people, and the final resting place of Eddie Mabo in Las Village. The victory was largely down to one indigenous man called Eddie Mabo. [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. 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. The courts had previously found that the Nguraritja had non-exclusive native title over certain parcels of land, but not over those where native title had already been extinguished. 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. 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. This is our land. "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.". In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. 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. How might this case shatter the myth of terra nullius? 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. To make agreements. These skills will enable us to make better and informed decisions for maximum benefit and I look forward, as I am sure you do, to the release of IBAs investment principles, which they are currently developing in partnership with Aboriginal and Torres Strait Islander peoples and organisations across the country. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. "The golden house of is collapses. But 20 years after the judgement, there's still a debate among constitutionalists, lawyers and politicians about the legacy of Mabo. The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " Yindyamarra is respect: It is quiet, it is humble. Another similarity is something that sometimes we do not acknowledge enough. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. (2011 lecture transcript), 2010 Presentation by Professor Chris Sarra. Transcript ID: 3849. They can raise us to anger then soothe us. I want to give two words from my people, Wiradjuri. 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. Mabo Day occurs annually in Australia on 3rd June. What is this Eddie Mabo Biography Worksheet? Aboriginal and Torres Strait Islander peoples are advised that this site may contain names, images or voices of people who have passed away. He had refused to surrender his interests, or those of his people, to the domination of others. Eddie's daughter, Gail Mabo remembers that day well. Han is Korean and it is more than a word. This was apartheid in Australia, not South Africa. There was scepticism, even cynicism, but I was able to report the story. OM95-26 Mabo Cutting Books 1990-1994 - (2 vols.) It is sadness beyond the word sadness itself. We cross rivers and we are changed like the water itself. A clear theme from the Broome Roundtable revealed a common frustration among many Aboriginal and Torres Strait Islander people. On Monday, he laid a wreath on Mr Mabo's grave on Mer Island. That was Eddie Mabos gift. (2013 lecture transcript), 2012 Presentation by Professor Henry Reynolds. It's the anniversary of a court decision that recognized for . 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. 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. 10. 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. Here we are 30 years later, still on that journey. Choose from the list of topics on the left and then choose 'Click to Play'. But alongside . This achievement certainly encourages me. (No. Unlike them, however, Mabo wasn't going to accept it. We pay our respects to the people, their cultures and Elders past, present and emerging.