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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. They both endured early hard lives that steeled them for the struggles that would eventually come their way. 2023 BBC. 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. Birthdays, anniversaries, sports events and special schools days were missed. 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. There will be many words between now and then. 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. Aboriginal and Torres Strait Islander viewers are advised that this resource and resource page may contain the image, name or voice of deceased persons. 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. Our people know han. Born in 1936, Mabo started life like so many other indigenous people, deprived of a meaningful education, denied access to whites-only buses, cinemas, even toilets. We leave base camp and start our trek across this vast country. This activity encourages children to write down their knowledge in a structured report . 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. So, in many ways, the victory has been more symbolic than practical. Eddie Mabo (left) and . Mabo v Queensland (No 1) was heard in 1986and 1988. But he was wrong. 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. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. On 3 June 1992, six of seven Australian High Court judges ruled: The Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands [in Torres Strait]. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. Truth. These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. 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. It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. Mabo's credibility as the primary witness for the case was savaged . 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. The victory was largely down to one indigenous man called Eddie Mabo. Mabo made a speech to the audience where he explained the indigenous customary land inheritance system on Murray Island. For many at JCU, the landmark legal decision has been rendered personal, as well as political and historic, because of Eddie's important association with JCU staff and students, and with our surrounding communities. Mabo and others: products or agents of progress? 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. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. The BBC is not responsible for the content of external sites. 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. Eddie Mabo was a Torres Strait Islander activist. 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. Two words showed something was wrong with the system, After centuries of Murdaugh rule in the Deep South, the family's power ends with a life sentence for murder, Flooding in southern Malaysia forces 40,000 people to flee homes, When Daniel picked up a dropped box on a busy road, he had no idea it would lead to the 'best present ever', Plans to redevelop 'eyesore' on prime riverside land fall apart as billionaires exit, Labor's pledge for mega koala park in south-west Sydney welcomed by conservation groups, Tom Sizemore, Saving Private Ryan actor, dies aged 61. 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 one, the presiding judge said the mere introduction of British law did not extinguish Aboriginal customary law. 2004 Presentation by Fr Frank Brennan SJ AO. More information. For significant service to the community as a cultural leader and public sector executive in the field of Indigenous affairs.. 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. 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. We go on, he said, ever, ever, ever on. This was not empty land. That nearly a third of our land mass is Indigenous owned is testament to this. This is yet another reason why a development approach is so urgently needed. It is this issue of development that I will explore later in greater detail. Leeanne Enoch MP, Minister for Housing and Public Works and Minister for Science and Innovation. Together yindyamarra winanghanha means to live with respect in a world worth living in. On 21 May 2008, James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. A number of key challenges that face Aboriginal and Torres Strait Islander people were explored, particularly when it comes to the full realization of our rights under land rights and native title. At 31, this affrontery became his epiphany. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. As this brave mans voice even as he had passed was heard by another man who is now gone and together they changed us. Mabo died five months earlier from cancer in January 1992, at the age of 55. Meriam history and culture were crucial to the success of the Mabo case. And he was right. (2013 lecture transcript), 2012 Presentation by Professor Henry Reynolds. [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? 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. . Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. Mabo expressed disbelief and shock. But the . Elders saythe wateris now a battleground. The National Archives holds a diverse array of records relating to the Mabo case. Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision . 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. 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 . 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. There was scepticism, even cynicism, but I was able to report the story. (2014 lecture transcript), 2013 Presentation by Dr Bryan Keon-Cohen QC. He knew about hope and he knew about justice. In some ways our systems of governance is a defining feature of the oldest living culture on this planet. The world of becoming ascends. 10. Importantly, development is also a process through which other human rights can be realized and our wellbeing alongside all other populations is maximised. Can I be indulgent and add a couple of others. Our News 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. Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. 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. These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. It's the anniversary of a court decision that recognized for . We all know about the legacy of native title left by Meriam and Murray Islanders Edward Koiki Mabo, David Passi and James Rice. It felt in this case that the time had come. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. Today I want to talk about how Aboriginal and Torres Strait Islander peoples can be the leaders to grasp new opportunities that will leave a legacy for generations to come. 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. I stand here proud to bring a message from my Elders. 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 . 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. "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. Ten years later, he conceded his fears were unfounded. This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. Mabo gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. And in 1981, Eddie was invited by the same university to make a speech about Mer's land inheritance system. . Keating begins by discussing the moral and legal implications of the decision. The justices spoke of a legacy of "unutterable shame"and that the dispossession of Indigenous people was the darkest aspect of Australia's history. 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 . Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. Mabo Day occurs annually in Australia on 3rd June. This link is the basis of the ownership of the soil, or better, of sovereignty., "This is the torment of our powerlessness.". Document: 00003849.pdf 1 Page(s) Speech at the Gurindji Land Ceremony. It clearly did not, for instance, lead to vast numbers of white Australians being forced from their homes, businesses, mines or farms. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. 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. In conversations with Commissioner Wilson and others, we are in the midst of developing what the next step in this process should look like and we will continue to engage with Aboriginal and Torres Strait Islander peoples such as yourselves in order to do this. 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. Twenty three years after the Mabo decision we are going through another adaption as we talk about how we can start to enjoy the benefits that come from land ownership in the same way that is open to all other Australians, without compromising our unique rights as Aboriginal and Torres Strait Islander people. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. The theme of this years conference is Leadership, Legacy and Opportunity. Eddie Mabo had challenged the very ideological establishment of Australia and the first Australians. 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 . I also acknowledge Meriam PBC Chair Mr Doug Passi. This is our land. That word is emblazoned still at the Aboriginal Tent Embassy on the lawns of the Old Parliament House in Canberra. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. JCU websites use cookies to enhance user experience, analyse site usage, and assist with outreach and enrolment. 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. On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . 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. The decision. Friendship with Eddie Mabo. The Mabo case Records relating to the Mabo case About Eddie Mabo Edward Koiki Mabo was born on 29 June 1936. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. This is an edited extract of the 2022 Mabo Lecture, delivered by Stan Grant on June 3, 2022, to commemorate 30 years since the Mabo decision. [11]Native Title Act 1993 (Cth), preamble. The nation remained diminished. He had refused to surrender his interests, or those of his people, to the domination of others. The 50-minute recording shows Koiki Mabo talking about the history of the Torres Strait Islander community, both in the Torres Strait and on the Australian mainland, and the long term impact on his culture of the coming of Europeans, from the first missionaries to current government administrators. 2008 Presentation by The Hon. "He became a driven man," says his friend and documentary maker, Trevor Graham. 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." He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. 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. 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. 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. Unlike them, however, Mabo wasn't going to accept it. 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. 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". Hide message. 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". 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]. 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". He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. A human rights based approach has been a key part of advocacy of all Social Justice Commissioners. Words makaratta. 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. Legacy of Eddie Mabo. [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). What's the least amount of exercise we can get away with? 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. 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. In the Shire of . At http://www.humanrights.gov.au/publications/native-title-report-2008 (viewed 5 June 2015). Concocted by the early settlers, it was used, systematically, cynically and effectively to deprive the indigenous people of their own 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. 2. Financing economic development within the Indigenous estate. 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 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. Resting Place of Eddie Mabo. Eddie Mabo was a great hero to the Australian people. These are the traditional lands and waters of the Meriam people, and the final resting place of Eddie Mabo in Las Village. Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. Eddie Mabo at James Cook University, early 1980s Series 8. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. At http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf (viewed 9 June 2015). 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. Justice Blackburn ruled Australia was indeed a "settled colony", that this was"desert and uncultivated". Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . We know sadness. 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. A case was made, and took 10 years to reach a decision. He would later describe his time on the island as 'the best time of my life'1. Then, in June 1992, the years of sacrifice and persuasion came to fruition. And he knew truth. The fall of the golden house of is but not the end. 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. 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. 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. 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. Mr Mabo died in 1992 just months before his 10-year legal battle for native title rights proved successful. But that hasn't stopped indigenous people, like Queensland elder Douglas Bon, taking great satisfaction in the ruling. Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . "It gave us back our pride. Yindyamarra winanghanha. (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. We invite you to walk with us in a movement of the Australian people for a better future.. It is short for Mabo and others v Queensland (No 2) (1992). These things range from various legal and administrative barriers that are placed on us once a native title determination has been made and includes various tax and regulatory standards placed on Aboriginal and Torres Strait Islander communities in the post determination phase, conflicts between individual and communal property interests and issues arising from the conversion of title. 3. Business development support and succession planning. For 50 years this embassy has stood as a reminder that we are still here. 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. [12] Native Title Act 1993 (Cth), preamble. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. JCU celebrates the history-making Mabo decision with the long establishedEddie Koiki Mabo Lecture Series, an annual public commemorative presentation by a prominent person who has made a significant contribution to contemporary Australian society. The legal decision was made by the High Court on 3 June 1992. That was Eddie Mabos gift. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. 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. 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.". In 1992 the High Court handed down its historic ruling. 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. And he was right. 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. The Mabo decision was named after Eddie Mabo, the A lawyer heard the speech and asked . Eddie Koiki Mabo was a Torres Strait Islander, known for his role in campaigning for Indigenous land rights and for the landmark decision of the High Court of Australia that overturned the legal doctrine of terra nullius ('land belonging to nothing, no one') which characterised Australian law with regards to land and title. Mabo, Edward Koiki (Eddie) (1936-1992) . 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]. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . B12 of 1982 in the High Court of Australia).