That nearly a third of our land mass is Indigenous owned is testament to this. But it was a bittersweet moment for the indigenous population. There will be many words between now and then. Mabo 20 years on: did it change the nation? He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). The truth: This was his land. Rejected at each turn. These skills will enable us to make better and informed decisions for maximum benefit and I look forward, as I am sure you do, to the release of IBAs investment principles, which they are currently developing in partnership with Aboriginal and Torres Strait Islander peoples and organisations across the country. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. 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. Keating begins by discussing the moral and legal implications of the decision. It's the anniversary of a court decision that recognized for . 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. I have heard it at dawn as the earth crackles, the river waters run, and the animals stir as the Sun peers above the hills and the light strikes the trees on my beloved Wiradjuri country. He knew about suffering. The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. 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. This link is the basis of the ownership of the soil, or better, of sovereignty., "This is the torment of our powerlessness.". We know sadness. Mabo tells the story of one of Australia's national heroes - Eddie Koiki Mabo, the Torres Strait Islander man who left school at age 15, yet spearheaded the High Court challenge that overthrew the fiction of terra nullius. These organisations could assist in under-writing costs, insurance and risk as well as helping explore options for Indigenous specific loan products. 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. 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. Document: 00003849.pdf 1 Page(s) Speech at the Gurindji Land Ceremony. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. At 31, this affrontery became his epiphany. "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. 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. It would most likely still be in place had it not been for Eddie Koiki Mabo. As this brave mans voice even as he had passed was heard by another man who is now gone and together they changed us. This was our land. [6] UN Declaration on the Right to Development, Article 1, para 1. A culture and a people facing devastation. Our News It is clear that we have seen a change in momentum as far as this space is concerned. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. Aboriginal and Torres Strait Islander viewers are advised that this resource and resource page may contain the image, name or voice of deceased persons. It clearly did not, for instance, lead to vast numbers of white Australians being forced from their homes, businesses, mines or farms. To make agreements. Read about our approach to external linking. These often hamper the development and economic aspirations of the communities involved right from the start. 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 theme of this years conference is Leadership, Legacy and Opportunity. Words like han. Nor did the judges intend that it should. Eddie Koiki Mabo died of cancer on 21 January 1991, before the case was resolved. Eddie Mabo was heartbroken and never forgave government authorities. Eternal. A world turning. Uncle Eddie 'Koiki' 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 . [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. 2023 BBC. Reynolds writes: This achievement certainly encourages me. 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. Text 1936 Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. "For two centuries, the British and then white Australians operated under a fallacy, that somehow Aboriginal people did not exist or have land rights before the first settlers arrived in 1788.". 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. Words speak across tongues. 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. One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. Those cases resulted in the acknowledgment that Australian Aboriginal and Torres Strait Islander peoples had the right to claim the land they and their ancestors had lived on for thousands of years. This needs to change. This is our land. 23 Nov 1990 - 21 Oct 1994 Library at the University College of Townsville, Queensland. 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 . On 21 May 2008, James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. In his historic speech at Sydney's Redfern Park, then Prime Minister Paul Keaing said: "By doing away with the bizarre conceit that this continent had no owners prior to the settlement of Europeans, Mabo establishes a fundamental truth and lays the basis for justice." Sign up for free to create engaging, inspiring, and converting videos with Powtoon. Born in 1936, he grew up in the village of Las on the north bend of Mer Island. Three bound volumes regarding the determination of a reference from the High Court of Australia of the factual issues raised in the action by Eddie Mabo and others - prepared by Justice Moynihan. 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. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. He knew about suffering. A lawyer heard the speech and asked . On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . This often presents internal issues for traditional owner groups about how decisions are made and how benefits will be shared and responsibilities exercised. 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. He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. 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. Six weeks later his father died. For the love of his family and tradition, he fights for his land on Murray Island. You Murray Islanders have won that court case. They can raise us to anger then soothe us. Other forms of recognition have been added. In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people. Typical of such awards, the citations are generally understated and this is particularly so in your case. Unlike them, however, Mabo wasn't going to accept it. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. - Behind the News Behind the News 133K subscribers Subscribe 483 106K views 3 years ago Mabo Day on June 3rd, celebrates. 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. 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. And he was right. Without this foundation, there would be no opportunity for us to access these rights through this unique form of land tenure. 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. Aboriginal and Torres Strait Islander people should be aware that the National Archives' website and collection contain the names, images and voices of people who have died. Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. 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. 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]. 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. It remains a collection of canvas and tin, but it has grown in those years since a handful of young Aboriginal activists planted a beach umbrella and wrote the word Embassy on a manila folder, to shake a fist at the power on the hill. 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. 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". Eddie's daughter, Gail Mabo remembers that day well. At http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf (viewed 9 June 2015). [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. Mabo expressed. Winanghanha is to return to knowing: to know what we have always known. He knew about hope and he knew about justice. We need to work alongside government to equip ourselves with the knowledge and skills to turn the economic and commercial aspirations into reality. The man who had engineered the historic change of law, never lived to witness it himself. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. 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. Eddie Mabo knew about love too. Resting Place of Eddie Mabo. In the Shire of . The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " 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]. 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. In one, the presiding judge said the mere introduction of British law did not extinguish Aboriginal customary law. The decision. 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. Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? He had refused to surrender his interests, or those of his people, to the domination of others. This Declaration on the Right to Development was adopted by the General Assembly in 1986. I honour your Elders that have come before you, those that are here today and I wait in optimistic anticipation for those Elders who are yet to emerge. From 1973-1983 he established and became director of the Black Community School in Townsville. 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). In 1992 the High Court handed down its historic ruling. A while back I read a business management book by an American, Leon C. Megginson. Today in the midst of winter there is still smoke from a campfire, framing a word spelled out on the lawn: Sovereignty. We did not end. 10. Leeanne Enoch MP, Minister for Housing and Public Works and Minister for Science and Innovation. It is this issue of development that I will explore later in greater detail. 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. He was, if you like, an Australian Nelson Mandela, someone who led his people in a struggle against incalculable odds, to what was rightfully theirs. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. To strengthen our democracy as Eddie Mabo strengthened our law. He immediately saw the injustice of it and from then on dedicated his life to reversing it. 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. Suggested answer: While working as a grounds keeper at James Cook University in Townsville, Eddie learnt about Australian land ownership laws. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. 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. 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". Later in 1992, Mabo was posthumously awarded the Australian Human Rights Medal. The "fallacy" that Perkins speaks of is the concept of Terra Nullius, land belonging to no-one. Watch. 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. Mabo expressed disbelief and shock. 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. In his book Why Weren't We Told?, Reynolds describes the talks they had regarding Mabo's people's rights to their lands, on Murray Island, in the Torres Strait. Yindyamarra is respect: It is quiet, it is humble. 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. In Torres Strait Islands called the Mabo case, for Eddie Mabo, the first-named plaintiff) brought by several individuals that was won in the High Court of Australia in 1992; subsequent cases were also settled in favour of other groups of islanders. 3. Business development support and succession planning. Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . Make an Impact. Mabo v Queensland (No 1) was heard in 1986and 1988. The High Court is the highest court in Australia's judicial system. They claimed that Murray Island (Mer) and surrounding islands and reefs had been continuously inhabited and exclusively possessed by the Meriam people . Rob was at the forefront of the fight for land in Western Australia, particularly at Nookanbah and when the WA Government led the resistance to national land rights legislation. Mabo's credibility as the primary witness for the case was savaged . This activity encourages children to write down their knowledge in a structured report . However, it also raised equally relevant issues around the many state and local government land taxes and rates that apply once conversion has taken place. The Keating government gave effect to the Mabo decision by introducing the Native Title Act 1993, which facilitated the process of recognising native title. 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 ! At: http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a (viewed 9 June 2015).