First, they ask me to pass on their greetings and their thanks for allowing me on your lands. For 50 years this embassy has stood as a reminder that we are still here. Our News 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. By continuing to use this site, you are giving us consent to do this. Hide message. 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]. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . Mabo's credibility as the primary witness for the case was savaged . Han is Korean and it is more than a word. [1] And that shift is the move to the next emerging challenge; how do we maximise these rights to their full potential, now that we have our native title recognized? 1h 43m. Choose from the list of topics on the left and then choose 'Click to Play'. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. [12] Native Title Act 1993 (Cth), preamble. 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. 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]. 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 . Typical of such awards, the citations are generally understated and this is particularly so in your case. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. Edward Koiki Mabo ( n Sambo; 29 June 1936 - 21 January 1992) was an Indigenous Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights in Australia, in particular the landmark decision of the High Court of Australia that recognised that indigenous rights to land had continued after the British According to his daughter Gail Mabo, it 'fuelled his determination for recognition and equality in society'. The legal decision was made by the High Court on 3 June 1992. Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More This is our land. Resting Place of Eddie Mabo. Mabo and others: products or agents of progress? 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. Mabo Day occurs annually in Australia on 3rd June. OM95-26 Mabo Cutting Books 1990-1994 - (2 vols.) (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. 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. We need to work alongside government to equip ourselves with the knowledge and skills to turn the economic and commercial aspirations into reality. Text 1936 10. Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. The BBC is not responsible for the content of external sites. Family gatherings were foregone. The Mabo Case Eddie Mabo is widely known for his plight to regain land rights for both Aboriginal and Torres Strait Islander people. In 1974, he became involved in a discussion with two academics. 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 . You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. Mabo's love for his homeland drove the proud Torres Strait Islander to undertake a 10- year legal battle that rewrote Australia's history. 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. 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. You can find it still, somewhere buried in the archives of ABC News. He had refused to surrender his interests, or those of his people, to the domination of others. - Behind the News Behind the News 133K subscribers Subscribe 483 106K views 3 years ago Mabo Day on June 3rd, celebrates. 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. 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. AAP. These often hamper the development and economic aspirations of the communities involved right from the start. 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. 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. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. Mabo 20 years on: did it change the nation? Read about our approach to external linking. So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. 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. I want to give two words from my people, Wiradjuri. That is the view most widely endorsed by history. 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. 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. It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. 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 . The nation remained diminished. It is lament. At http://www.humanrights.gov.au/publications/native-title-report-2008 (viewed 5 June 2015). 2008 Presentation by The Hon. 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. Aboriginal and Torres Strait Islander viewers are advised that this resource and resource page may contain the image, name or voice of deceased persons. Winanghanha is to return to knowing: to know what we have always known. 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. These barriers all prevent us from using our land to enter into the economy from which we can see ourselves and our communities thrive. The issue of compensation for unfinished business was another key theme of the Roundtable. He spoke of impermanence: He knew things did not last and yet we do. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. 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. 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." Mabo v Queensland (No 1) was heard in 1986and 1988. 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. 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. We acknowledge Aboriginal People and Torres Strait Islander People as the first inhabitants of the nation, and acknowledge Traditional Custodians of the Australian lands where our staff and students live, learn and work. They reflect the period in which they were created and are not the views of the National Archives. 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. Mr Mabo died in 1992 just months before his 10-year legal battle for native title rights proved successful. 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. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. 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. Our people know han. Tenacity, fearlessness, fearsome, tireless are some of the words that come to mind when the names Rob Riley and Eddie Mabo are mentioned. 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. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. 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. Suggested answer: While working as a grounds keeper at James Cook University in Townsville, Eddie learnt about Australian land ownership laws. 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. To make agreements. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. HOST: Today is Mabo Day. Uncle Eddie 'Koiki' Mabo. My predecessor Dr Tom Calma explained the impact of never implementing a social justice package in 2008: this abyss is one of the underlying reasons why the native title system is under the strain it is under today[5]. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. 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. The debate about Mabo's legacy still goes on today, Many indigenous Australians still live in poverty, Bakhmut attacks still being repelled, says Ukraine, AOC under investigation for Met Gala dress, Mother who killed her five children euthanised, Canadian grandma helps police snag phone scammer, The children left behind in Cuba's exodus, Zoom boss Greg Tomb fired without cause. Of law. And that is the cost to both men and their families. On this great day, I, Prime Minister of Australia, speak to you on behalf of the Australian people all those who honour and love this land we live in. Rejected at each turn. As this brave mans voice even as he had passed was heard by another man who is now gone and together they changed us. "The High Court, which is not elected by anybody, not accountable to anybody, had presumed to move into the legislative area to make a whole new law," he said. Yindyamarra winanghanha. I like how the words create a rhythm. [9] UN Development Programme, Human Development Index, UN Human Development Report. It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. 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. Birthdays, anniversaries, sports events and special schools days were missed. Aboriginals and Torres Strait Islanders in Marine Science, Agriculture Technology and Adoption Centre, Association of Australian University Secretaries, Australian Quantum & Classical Transport Physics Group, Centre for Tropical Bioinformatics and Molecular Biology, Division of Tropical Environments and Societies, Foundation for Australian Literary Studies, IERC Administration and Centre Operations, Torres Strait Islander Research to Policy & Practice Hub, Meriba buay ngalpan wakaythoemamay (We come together to share our thinking), Knowledge Integration for Torres Strait Sustainability: Sey boey wara goeygil nabi yangukudupa, Office of the Vice Chancellor and President, Queensland Research Centre for Peripheral Vascular Disease, Contextual Science for Tropical Coastal Ecosystems, Australian Institute of Tropical Health & Medicine, Recognition, national identity and our future. The Court also recognised that all Indigenous people in Australia have rights to their land. The world of becoming ascends. This was our land. This will always be our land. Later in 1992, Mabo was posthumously awarded the Australian Human Rights Medal. Without this foundation, there would be no opportunity for us to access these rights through this unique form of land tenure. Eddie Mabo was a great hero to the Australian people. Mabo was a Torres Strait islander from Mer (Murray Island), off Australia's north-east coast. 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. 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 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. 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. 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. I was no lawyerbut I knew I sensed this was different. We cross rivers and we are changed like the water itself. 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. Milosz wrote into the horror of the 20th century as he saw war all around him. These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. 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. He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. Judged by any civilised standard, such a law is unjust ". This Declaration on the Right to Development was adopted by the General Assembly in 1986. Words like han. Eddie Mabo was a man of courage and principle who fought for the inherent rights of the Meriam people, and ultimately for the rights of all Torres Strait Islanders and Aboriginal peoples. 2023 BBC. In the Shire of . He knew about suffering. 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. He would later describe his time on the island as 'the best time of my life'1. 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". Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 At: http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6 (viewed 9 June 2015). 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. But 20 years after the judgement, there's still a debate among constitutionalists, lawyers and politicians about the legacy of Mabo. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. A Yolngu word meaning to come together after a struggle. 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. (2013 lecture transcript), 2012 Presentation by Professor Henry Reynolds. What did Eddie Mabo say in his speech? It is sadness beyond the word sadness itself. 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 . 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. Born on 29 June 1936 in his village of Las on the island of Mer in the Torres Strait, Eddie Koiki Mabo was the fourth child of Robert Zesou Sambo and Poipe (Sambo) Mabo. 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. Les Malezer, chairman of the Foundation for Aboriginal and Islander Research Action, is critical of the native title system for its failure to deliver for indigenous people. Eddie Mabo's heritage and culture were major influencers in his rise to prominence. There were three key components to this: As you will know, the first two of these three components have been implemented, with varying degrees of success and impact on our communities over the years. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). . 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. It is a feeling. This often presents internal issues for traditional owner groups about how decisions are made and how benefits will be shared and responsibilities exercised. It is short for Mabo and others v Queensland (No 2) (1992). Nor did the judges intend that it should. 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. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. This activity encourages children to write down their knowledge in a structured report . We leave base camp and start our trek across this vast country. Searching for 'Mabo' in RecordSearch brings up many results, including the files below. I believe that it is this framework that has the power to elevate the aspirations that we have as Aboriginal and Torres Strait Islander peoples in relation to land. Six weeks later his father died. He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. Watch. Promoting Indigenous peoples right to development. Eddie Mabo was a Torres Strait Islander activist. But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. Eddie Mabo and Gerard Brennan overturned the terra nullius policy and changed Australia forever. The Mabo decision was named after Eddie Mabo, the Few Australians then knew the name Eddie Mabo. 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. In one, the presiding judge said the mere introduction of British law did not extinguish Aboriginal customary law. "Koiki was ambitious for himself and for his people.". Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. We all know about the legacy of native title left by Meriam and Murray Islanders Edward Koiki Mabo, David Passi and James Rice. Unlike them, however, Mabo wasn't going to accept it. However, it also raised equally relevant issues around the many state and local government land taxes and rates that apply once conversion has taken place. 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. It is clear that we have seen a change in momentum as far as this space is concerned. 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. Eddie Mabo had challenged the very ideological establishment of Australia and the first Australians. He immediately saw the injustice of it and from then on dedicated his life to reversing it. A fair go in an age of terror: countering the terrorist threat to human rights and the Australian identity, Public Health, Medical and Veterinary Sciences, Bachelor of Engineering / Science (Honours), Master of Public Health and Tropical Medicine, Bachelor of Nursing Science [Pre-Registration], Bachelor of Medical Laboratory Science (Honours), Bachelor of Occupational Therapy (Honours), Master of Public Health - Global Development, Master of Social Work (Professional Qualifying), Master of Teaching and Learning (Primary), Master of Teaching and Learning (Secondary), Master of Conflict Management & Resolution, Graduate Certificate of Conflict Management & Resolution, Master of International Tourism & Hospitality Management, Bachelor of Business & Environmental Science, Diploma of Higher Education Majoring in Business Studies, Diploma of Higher Education Majoring in Engineering and Applied Science, Diploma of Higher Education Majoring in General Studies, Diploma of Higher Education Majoring in Health, Diploma of Higher Education Majoring in Information Technology, Diploma of Higher Education Majoring in Science, Diploma of Higher Education, Majoring in Society and Culture, Bachelor of Business & Psychological Science, Bachelor of Sport & Exercise Science - Bachelor of Psychological Science, Bachelor of Engineering (Honours) & Information Technology, Get Into University Courses with a Low ATAR. 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. B12 of 1982 in the High Court of Australia). 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. This landmark decision led to the Australian Government introducing native title . 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. This was apartheid in Australia, not South Africa. When democracy is teetering and autocracy is rising. In the context of Aboriginal and Torres Strait Islander peoples, Governments have committed themselves to the economic development of our communities. "The rights he won in the High Court have been eroded away by government, courts and socio-economic pressure.". Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . 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. 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. 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. Eddie Mabo at James Cook University, early 1980s Series 8. Mabo, Edward Koiki (Eddie) (1936-1992) . Finally, the remaining key theme of the meeting was the issue of our right as Indigenous peoples to development. (No. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. 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. Here we are 30 years later, still on that journey. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. 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. 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. 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. You Murray Islanders have won that court case. "I think that like many others, I was trying to deal with something that was new, that was undefined," Kennett told The Age newspaper. Mabo vs Queensland possible Commonwealth interventions, 1991 (A14039, 7909), The Mabo Decision principles for a response, 1993 (A14217, 1042), Mabo responses to the outline of legislation, 1993 (A14217, 1322), Mabo collection at the National Library of Australia, Building trust in the public record policy, Getting started with information management. Australian law for two centuries hid the truth behind words. In a snapshot. 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. A world turning. That's why the legal decision is universally known as "Mabo". In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people. A clear theme from the Broome Roundtable revealed a common frustration among many Aboriginal and Torres Strait Islander people. We invite you to walk with us in a movement of the Australian people for a better future.. 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).
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