Mabo 20 years on: did it change the nation? "If Koiki Mabo were alive today he would be an angry man," says Malezer. There was something of destiny in the air. I also acknowledge the Minister for Indigenous Affairs, Nigel Scullion who is here today and my colleague Tim Wilson, our Australian Human Rights Commissioner. Keating begins by discussing the moral and legal implications of the decision. Of law. The man who had engineered the historic change of law, never lived to witness it himself. the belief that Australia and its islands belonged to no-one when claimed by the British in 1770) in a landmark court . We all know about the legacy of native title left by Meriam and Murray Islanders Edward Koiki Mabo, David Passi and James Rice. I was no lawyerbut I knew I sensed this was different. . For significant service to the community as a cultural leader and public sector executive in the field of Indigenous affairs.. And he knew truth. Eddie's daughter, Gail Mabo remembers that day well. Governance has always been at the core of our Aboriginal and Torres Strait Islander cultures and our community life. Can Nigeria's election result be overturned? 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]. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. Mabo and others: products or agents of progress? 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. We know sadness. Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. You can find it still, somewhere buried in the archives of ABC News. 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 . Text 1936 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]. Volume 1 (227pp), Volume 2 (58pp). 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. 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. HOST: Today is Mabo Day. 2. Financing economic development within the Indigenous estate. Mabo ended up on the mainland working a number of jobs, including labouring on the railways. 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. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. (2011 lecture transcript), 2010 Presentation by Professor Chris Sarra. 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. Mabo expressed. This is our land. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. I walked into the news meeting at the ABC with words. 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. The Mabo case Records relating to the Mabo case About Eddie Mabo Edward Koiki Mabo was born on 29 June 1936. Eddie Mabo (left) and . The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. At: http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6 (viewed 9 June 2015). Eddie Koiki Mabo Lecture Series. Eddie Mabo's legal pursuit of these issues resulted in one of the most significant legal cases in Australian history, in that it completely overturned the idea of terra nullius (land belonging to no-one) and challenged traditionally held beliefs about how Australia came into being, and about ownership of land. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. 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. Eddie Koiki Mabo at Las, Murray Island, 1989 On 3 June 1992 the High Court of Australia recognised that a group of Torres Strait Islanders, led by Eddie Mabo, held ownership of Mer (Murray Island). B12 of 1982 in the High Court of Australia). Mabo v Queensland (No 1) was heard in 1986and 1988. Typical of such awards, the citations are generally understated and this is particularly so in your case. What did Eddie Mabo say in his speech? 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. They reflect the period in which they were created and are not the views of the National Archives. Eddie Koiki Sambo was born on June 29, 1936 on the Torres Strait island of Mer, also known as Murray Island. "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. He spoke of impermanence: He knew things did not last and yet we do. 3. Business development support and succession planning. We leave base camp and start our trek across this vast country. 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. To make agreements. He knew about suffering. Eddie Mabo had challenged the very ideological establishment of Australia and the first Australians. Whilst the case did little to clarify the legal principles around calculating compensation, it is one example of the positive realization after many years, of the rights of Aboriginal and Torres Strait Islander peoples to land and waters within the native title system. 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. At: http://www.theaustralian.com.au/news/features/property-rights-will-help-economic-development-of-indigenous-australians/story-e6frg6z6-1227365821530 (viewed 3 June 2015), [4] T Calma, Native Title Report 2005, Australian Human Rights Commission, 2005, p82. 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. I have been honoured in the last six weeks by being asked to deliver both the Eddie Koiki Mabo Lecture here today and the Rob Riley Memorial Lecture on Friday the 8th of May in Perth. In a snapshot. 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. I had read about the case as it moved through the lower courts. But 20 years after the judgement, there's still a debate among constitutionalists, lawyers and politicians about the legacy of Mabo. 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. By continuing to use this site, you are giving us consent to do this. Resting Place of Eddie Mabo. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. But he was wrong. On 8 December 1988, the High Court ruled this legislation invalid. Family gatherings were foregone. 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. 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 while back I read a business management book by an American, Leon C. Megginson. 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". Can I be indulgent and add a couple of others. Leeanne Enoch MP, Minister for Housing and Public Works and Minister for Science and Innovation. Later in 1992, Mabo was posthumously awarded the Australian Human Rights Medal. Eddie Mabo at James Cook University, early 1980s Series 8. 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]. 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. Mabo died five months earlier from cancer in January 1992, at the age of 55. This is yet another reason why a development approach is so urgently needed. Mabo expressed disbelief and shock. 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. Birthdays, anniversaries, sports events and special schools days were missed. But the . He had refused to surrender his interests, or those of his people, to the domination of others. 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 ! According to his daughter Gail Mabo, it 'fuelled his determination for recognition and equality in society'. That nearly a third of our land mass is Indigenous owned is testament to this. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. His mother died during childbirth and he was raised by his mother's brother, Benny Mabo . 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. Topics are usually less than 2 minutes long. Mabo gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. Australia owes you a great debt. Mabo made a speech to the audience where he explained the indigenous customary land inheritance system on Murray Island. In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people. Eddie Mabo was a great hero to the Australian people. 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. In 1992 the High Court handed down its historic ruling. 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. Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. The memory of wounds. 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. 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. This will always be our land. In the Shire of . 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. It is clear that we have seen a change in momentum as far as this space is concerned. 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. 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. For 50 years this embassy has stood as a reminder that we are still here. No transcript available, 2016 Lecture Presentation by Professor N M Nakata, Pro-Vice Chancellor for Indigenous Education and Strategy, James Cook University (Transcript), 2016 Lecture Presentation by Professor N M Nakata, Pro-Vice Chancellor for Indigenous Education and Strategy, James Cook University (2016 Lecture Transcript), 2015 Presentation by The Hon. [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? Reynolds struck up a friendship with Eddie Mabo, who was then a groundsman and gardener at James Cook University. A clear theme from the Broome Roundtable revealed a common frustration among many Aboriginal and Torres Strait Islander people. Here we are 30 years later, still on that journey. Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision . It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. I have been honoured in the last six weeks by being asked to deliver both the Eddie Koiki Mabo Lecture here today and the Rob Riley Memorial Lecture on Friday the 8 th of May in Perth. In May 1982, Eddie Mabo and four other Meriam people of the Murray Islands in the Torres Strait began action in the High Court of Australia seeking confirmation of their traditional land rights. When the decision overturning Terra Nullius eventually came, the judges referred to the policy as "the darkest aspect of (our) national history" and one that left "a legacy of unutterable shame". This case, I said thisman Mabo will change Australia. "Koiki was ambitious for himself and for his people." 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]. 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]. The Roundtable was held after there was significant interest on this issue when Commissioner Wilson and I undertook some consultations around the country last year. 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. 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. 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. 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. This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. Watch. It felt in this case that the time had come. Edward Koiki Mabo was born on 29 June 1936. Without this foundation, there would be no opportunity for us to access these rights through this unique form of land tenure. This was not empty land. On 3 June 1992, the High Court of Australia ruled in favour of limited native title. This Declaration on the Right to Development was adopted by the General Assembly in 1986. But it was a bittersweet moment for the indigenous population. 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. 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. 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. Despite the fact that the challenge of gaining native title is still a fight that many of us share, there has been a shift in focus now and we have started to see a gradual change in terms of ownership. From 1973-1983 he established and became director of the Black Community School in Townsville. Winanghanha is to return to knowing: to know what we have always known. 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. 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. These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. As the Broome Roundtable highlighted, this remains one of the key unresolved issues facing Aboriginal and Torres Strait Islander peoples and their quest for ongoing economic development. 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. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. 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. Watch all your favourite ABC programs on ABC iview. 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. JCU websites use cookies to enhance user experience, analyse site usage, and assist with outreach and enrolment. He knew about hope and he knew about justice. 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.
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