. His mother passed away shortly after his birth and he was adopted by his Uncle Benny and Aunty Maigo Mabo in line with Islander custom. 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. Our News British law was the law of the colony and usurped and superseded Aboriginal law. And in 1981, Eddie was invited by the same university to make a speech about Mer's land inheritance system. Eddie Mabo would not live to see his final victory, but in that judgement he became immortal. He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. 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. I walked into the news meeting at the ABC with words. To seek justice we had to speak the words of British law. Transcript. You can find it still, somewhere buried in the archives of ABC News. 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. 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. 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. Until Mabo, we had been a forgotten people, even though we knew that we were in the right.". The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " It is sadness beyond the word sadness itself. Document: 00003849.pdf 1 Page(s) Speech at the Gurindji Land Ceremony. These often hamper the development and economic aspirations of the communities involved right from the start. 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. Yindyamarra winanghanha. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. To make agreements. 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. A world turning. Mabo rejected the more militant direct action tactics of the land rights movement, seeing the most important goal as being to destroy the legal justification for what he regarded as land theft. That permission was denied. Court cases in the mid-19th century challenged the idea of British settlement at the time the rulings were in favour of the Crown. Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. 2. Financing economic development within the Indigenous estate. So, in many ways, the victory has been more symbolic than practical. Our people know han. 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. "If Koiki Mabo were alive today he would be an angry man," says Malezer. 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. It is this issue of development that I will explore later in greater detail. "If ever a system could be called a government of laws," he said, "it is shown in the evidence before me.". But who was Eddie Mabo, why did he take up what must have seemed like a hopeless cause and what is the legacy of his campaign? They can raise us to anger then soothe us. 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. Aboriginal and Torres Strait Islander peoples are advised that this site may contain names, images or voices of people who have passed away. He knew about hope and he knew about justice. For Indigenous peoples around the world, the Declaration has been a means by which they can free themselves from the shackles of colonialism and share equitably in the benefits of development.[8]. 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 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. We cannot cross the same stream twice. This activity encourages children to write down their knowledge in a structured report . Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . Born in 1936, he grew up in the village of Las on the north bend of Mer Island. 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. The memory of wounds. 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. But alongside . How might this case shatter the myth of terra nullius? Eddie Mabo and Gerard Brennan overturned the terra nullius policy and changed Australia forever. 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. It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. Words speak across tongues. That is, after 20 years of operation, we finally saw the first time compensation had been awarded for the extinguishment of native title rights and interests under the Native Title Act. His mother died during childbirth and he was raised by his mother's brother, Benny Mabo . "The golden house of is collapses. Eddie Koiki Mabo was an advocate of the 1967 Referendum, fighting for equal rights including education. [12] Native Title Act 1993 (Cth), preamble. Here we are 30 years later, still on that journey. That word is emblazoned still at the Aboriginal Tent Embassy on the lawns of the Old Parliament House in Canberra. 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 this brave mans voice even as he had passed was heard by another man who is now gone and together they changed us. The world of becoming ascends. We pay our respects to the people, their cultures and Elders past, present and emerging. Together yindyamarra winanghanha means to live with respect in a world worth living in. 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. 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. Searching for 'Mabo' in RecordSearch brings up many results, including the files below. Eddie Koiki Mabo: A Meriam man, husband to Bonita Mabo and father to 10 children. 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. At 31, this affrontery became his epiphany. Eternal. In some ways our systems of governance is a defining feature of the oldest living culture on this planet. The theme of this years conference is Leadership, Legacy and Opportunity. A Yolngu word meaning to come together after a struggle. Elders saythe wateris now a battleground. 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. This case, I said thisman Mabo will change Australia. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. Mabo expressed. Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. Australian law for two centuries hid the truth behind words. It would most likely still be in place had it not been for Eddie Koiki Mabo. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. But he was wrong. 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. This is our land. British law under a British flag. [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). 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. On 8 December 1988, the High Court ruled this legislation invalid. This Declaration on the Right to Development was adopted by the General Assembly in 1986. But 20 years after the judgement, there's still a debate among constitutionalists, lawyers and politicians about the legacy of Mabo. Other cases persisted. Finally, the remaining key theme of the meeting was the issue of our right as Indigenous peoples to development. [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? Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision . (2014 lecture transcript), 2013 Presentation by Dr Bryan Keon-Cohen QC. 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. Can I be indulgent and add a couple of others. The second key theme that was raised at the roundtable was the issue of financing economic development within the Indigenous estate. 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. At http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf (viewed 9 June 2015). Aboriginal Australians are celebrating the 20th anniversary of their landmark victory over land rights. 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. 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. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. The High Court is the highest court in Australia's judicial system. That nearly a third of our land mass is Indigenous owned is testament to this. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. 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. Concocted by the early settlers, it was used, systematically, cynically and effectively to deprive the indigenous people of their own land. 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 nation remained diminished. There will be many words between now and then. It is short for Mabo and others v Queensland (No 2) (1992). 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. [7] OHCHR Website, Essays in Commemoration of 25 years of the United Nations Declaration on the Right to Development. Transcript of proceedings.in the High Court of Australia between Eddie Mabo, David Passi, James Rice.and the State of Queensland Proceedings for 28-31 May 1991, 3 June 1992, and 8 December 1992. This was not empty land. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). Some records include terms and views that are not appropriate today. 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. 1h 43m. 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. 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. But it was a bittersweet moment for the indigenous population. The Mabo Case Eddie Mabo is widely known for his plight to regain land rights for both Aboriginal and Torres Strait Islander people. Rejected at each turn. 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. He had refused to surrender his interests, or those of his people, to the domination of others. Another similarity is something that sometimes we do not acknowledge enough. He immediately saw the injustice of it and from then on dedicated his life to reversing it. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. It was also a flagrant disregard of Britain's own existing laws, which stated that the Aboriginal people did have title rights over their own land. Resting Place of Eddie Mabo. From 1973-1983 he established and became director of the Black Community School in Townsville. This our ancestors did, according to the reckoning of our culture, from the Creation, according to the common law from "time immemorial", and according to science more than 60,000 years ago. (2010 lecture transcript). "I think that like many others, I was trying to deal with something that was new, that was undefined," Kennett told The Age newspaper. Aboriginal and Torres Strait Islander viewers are advised that this resource and resource page may contain the image, name or voice of deceased persons. 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. The assumptions were quite erroneous, of course, but Terra Nullius was set in unshakeable motion and stayed rooted in place for two hundred years, even though Aborigines had been in Australia for at least 40,000 years. 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. We are currently not sharing in the developmental prosperity for which Australia is known. 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. 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]. Topics are usually less than 2 minutes long. I like how the words create a rhythm. They claimed that Murray Island (Mer) and surrounding islands and reefs had been continuously inhabited and exclusively possessed by the Meriam people . 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. 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 ! As a nation, this is an improvement from fourth position just over ten years ago in 2003.[10]. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. 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. 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. Friendship with Eddie Mabo. 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 . There was something of destiny in the air. 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". Family gatherings were foregone. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. 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. 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. Volume 1 (227pp), Volume 2 (58pp). It's the anniversary of a court decision that recognized for . It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. 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. This achievement certainly encourages me. 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. It is clear that we have seen a change in momentum as far as this space is concerned. Governance has always been at the core of our Aboriginal and Torres Strait Islander cultures and our community life. 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. 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. We go on, he said, ever, ever, ever on. [9] UN Development Programme, Human Development Index, UN Human Development Report. 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. Mabo gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. 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 legal decision was made by the High Court on 3 June 1992. Typical of such awards, the citations are generally understated and this is particularly so in your case. 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. 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