Eddie Mabo was heartbroken and never forgave government authorities. 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. 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. 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. Justice Blackburn ruled Australia was indeed a "settled colony", that this was"desert and uncultivated". And in 1981, Eddie was invited by the same university to make a speech about Mer's land inheritance system. Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. Governance has always been at the core of our Aboriginal and Torres Strait Islander cultures and our community life. This is our land. The High Court is the highest court in Australia's judicial system. I like how the words create a rhythm. 5. (2013 lecture transcript), 2012 Presentation by Professor Henry Reynolds. He told them of his dream of ending his days on Murray Island, on the ancestral land that had been handed down through his family for 15 generations. Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . I like words. 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. 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. (2010 lecture transcript). Mabo and his fellow plaintiff's fought for land on Mer - their ancestral gardens and home. 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. The former president of Western Australia's Liberal Party, Bill Hassel, said the ruling was greeted with "outrage". What's the least amount of exercise we can get away with? And he knew truth. [11]Native Title Act 1993 (Cth), preamble. He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. 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. He knew about hope and he knew about justice. Truth. 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. 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. Legacy of Eddie Mabo. How might this case shatter the myth of terra nullius? We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. I was there as a young associate working for a judge, and saw the jubilation and relief of . Eddie Mabo was a great hero to the Australian people. Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . In 1979 Wiradjuri man and law student Paul Coewalked the path that Eddie Mabo would follow all the way to the High Court of Australia. 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. Watch all your favourite ABC programs on ABC iview. 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. 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 new conversation that we need to be having around our rights to land and resources has been captured in the thematic areas I have just spoken about. The commitment to a land fund; and importantly, participation in decision-making underpinned by the concept of free, prior and informed consent and good faith. 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. I stand here proud to bring a message from my Elders. These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. 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 Read about our approach to external linking. It is clear that we have seen a change in momentum as far as this space is concerned. Mabo was a Torres Strait islander from Mer (Murray Island), off Australia's north-east coast. 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. The fall of the golden house of is but not the end. Promoting Indigenous peoples right to development. 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." 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. 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. And in some cases native title had become a millstone, almost drowning people in a sea of regulation, red tape and process without any semblance of necessary support. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 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. A lawyer heard the speech and asked . That word is emblazoned still at the Aboriginal Tent Embassy on the lawns of the Old Parliament House in Canberra. 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. The new Prime Minister, Anthony Albanese, says there will be a referendum to enshrine a voice an Indigenous representative body in the Australian constitution. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. But he was wrong. Fungibility and native title. The earliest papers on the Murray Island land claim are a manuscript and typescript of a speech by Mabo at the Land Rights and Future of Australian Race Relations Conference at James Cook University in 1981. And he knew truth. AAP. The man who had engineered the historic change of law, never lived to witness it himself. This independence could be realized through greater roles for Indigenous landholders through business, land management and other opportunities. This Declaration on the Right to Development was adopted by the General Assembly in 1986. 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. Rejected at each turn. 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. Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. Mabo made a speech to the audience where he explained the indigenous customary land inheritance system on Murray Island. (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. Eternal. 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. Our people know han. That nearly a third of our land mass is Indigenous owned is testament to this. 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. Yindyamarra is respect: It is quiet, it is humble. We need to work alongside government to equip ourselves with the knowledge and skills to turn the economic and commercial aspirations into reality. Eddie Mabo's heritage and culture were major influencers in his rise to prominence. Six weeks later his father died. Love, suffering, hope, justice and truth Eddie Mabo knew about love too. 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 3 June 1992, the High Court of Australia ruled in favour of limited native title. The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. The Keating government gave effect to the Mabo decision by introducing the Native Title Act 1993, which facilitated the process of recognising native title. Ten years later, he conceded his fears were unfounded. This was apartheid in Australia, not South Africa. Choose from the list of topics on the left and then choose 'Click to Play'. Can I be indulgent and add a couple of others. 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. 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. This activity encourages children to write down their knowledge in a structured report . The justices spoke of a legacy of "unutterable shame"and that the dispossession of Indigenous people was the darkest aspect of Australia's history. 2004 Presentation by Fr Frank Brennan SJ AO. It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. In 2008, a library at James Cook University was named after him. In 1992 the High Court handed down its historic ruling. Unlike them, however, Mabo wasn't going to accept it. Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? In some ways our systems of governance is a defining feature of the oldest living culture on this planet. 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. Topics are usually less than 2 minutes long. However, the social justice package, which was meant to address compensation for the dispossession of land and the dispersal of the Indigenous population remains unfulfilled.[4]. . There was something of destiny in the air. 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. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. Judged by any civilised standard, such a law is unjust ". The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. This will always be our land. Eddie Mabo wanted to change the law of Terra Nullius and claim the Aboriginal people as the original owners of the land this would change social and political views of the aboriginal people. 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. "Koiki was ambitious for himself and for his people.". 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). 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]. Aboriginal Australians are celebrating the 20th anniversary of their landmark victory over land rights. Can I also acknowledge all you here today who have come together to work out how we can access our land, seas and waters easier and quicker, but who have also come to talk to each other about how we can make better use of our estates to make life a little better for the rest of our mob out there. [9] UN Development Programme, Human Development Index, UN Human Development Report. Alex Murdaugh jailed for life for double murder, Why the disgraced lawyer was spared death penalty, Saving Private Ryan actor Tom Sizemore dies at 61, The children left behind in Cuba's mass exodus, Xi Jinping's power grab - and why it matters, Snow, Fire and Lights: Photos of the Week. The second key theme that was raised at the roundtable was the issue of financing economic development within the Indigenous estate. Mabo and others: products or agents of progress? Eddie Koiki Sambo was born on June 29, 1936 on the Torres Strait island of Mer, also known as Murray Island. According to his daughter Gail Mabo, it 'fuelled his determination for recognition and equality in society'. Words makaratta. He would later describe his time on the island as 'the best time of my life'1. The world of becoming ascends. 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. Importantly, development is also a process through which other human rights can be realized and our wellbeing alongside all other populations is maximised. 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. 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 . "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. B12 of 1982 in the High Court of Australia). 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. 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. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. 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. 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. Resting Place of Eddie Mabo. 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. Other cases persisted. For 50 years this embassy has stood as a reminder that we are still here. 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. 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. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. 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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. 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. Mr Mabo died in 1992 just months before his 10-year legal battle for native title rights proved successful. He knew about suffering. The theme of this years conference is Leadership, Legacy and Opportunity. These barriers all prevent us from using our land to enter into the economy from which we can see ourselves and our communities thrive.
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