Some records include terms and views that are not appropriate today. Love, suffering, hope, justice and truth Eddie Mabo knew about love too. - Behind the News Behind the News 133K subscribers Subscribe 483 106K views 3 years ago Mabo Day on June 3rd, celebrates. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. 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). There was scepticism, even cynicism, but I was able to report the story. 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. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. This landmark decision led to the Australian Government introducing native title . . and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. Mabo was a Torres Strait islander from Mer (Murray Island), off Australia's north-east coast. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. 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. The legal decision was made by the High Court on 3 June 1992. [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. 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. To make agreements. [1] Cast [ edit] Jimi Bani as Eddie Mabo Gedor Zaro as Young Eddie Deborah Mailman as Bonita Mabo (ne Neehow) "The rights he won in the High Court have been eroded away by government, courts and socio-economic pressure.". 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. We cross rivers and we are changed like the water itself. Mabo and others: products or agents of progress? 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. This was not empty land. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. . 2006 Presentation by Professor Larissa Behrendt. 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.". The truth: This was his land. Aboriginal and Torres Strait Islander Social Justice, Copyright Australian Human Rights Commission, http://www.austlii.edu.au/au/journals/JlIndigP/2014/33.pdf, http://www.theaustralian.com.au/news/features/property-rights-will-help-economic-development-of-indigenous-australians/story-e6frg6z6-1227365821530, https://www.humanrights.gov.au/sites/default/files/document/publication/social_justice_native_title_report_2013.pdf, http://www.humanrights.gov.au/publications/native-title-report-2008, http://www.ohchr.org/EN/Issues/Development/Pages/RealizingaVisionforTransformativeDevelopment.aspx, http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6, http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a, http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf. 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. What is this Eddie Mabo Biography Worksheet? The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. To build a world worth living in. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. 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. Few Australians then knew the name Eddie Mabo. From 1973-1983 he established and became director of the Black Community School in Townsville. Family gatherings were foregone. 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. What's the least amount of exercise we can get away with? 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. 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. Please join with me in acknowledging the life long accomplishments of Russell Taylor. Without this foundation, there would be no opportunity for us to access these rights through this unique form of land tenure. The justices spoke of a legacy of "unutterable shame"and that the dispossession of Indigenous people was the darkest aspect of Australia's 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. 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. 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]. 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. Eddie Koiki Mabo Lecture Series. the belief that Australia and its islands belonged to no-one when claimed by the British in 1770) in a landmark court . And he was right. Justice Blackburn ruled Australia was indeed a "settled colony", that this was"desert and uncultivated". The truth: This was his land. But that hasn't stopped indigenous people, like Queensland elder Douglas Bon, taking great satisfaction in the ruling. I was there as a young associate working for a judge, and saw the jubilation and relief of . 2023 BBC. 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. [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. On 3 June 1992, the High Court of Australia ruled in favour of limited native title. He knew about hope and he knew about justice. 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. 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. 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. Eddie Koiki Mabo: A Meriam man, husband to Bonita Mabo and father to 10 children. In one, the presiding judge said the mere introduction of British law did not extinguish Aboriginal customary law. 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. Court cases in the mid-19th century challenged the idea of British settlement at the time the rulings were in favour of the Crown. (2012) This program was published 2 years ago. The case presented by Eddie Mabo and the people of Mer successfully proved that Meriam custom and laws are fundamental to their traditional system of ownership and underpin their traditional rights and obligations in relation to land. He knew about suffering. To strengthen our democracy as Eddie Mabo strengthened our law. 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. It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. Indigenous Education and Research Centre 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. We pay our respects to the people, their cultures and Elders past, present and emerging. "It gave us back our pride. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 Birthdays, anniversaries, sports events and special schools days were missed. This is our land. 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. 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. "I think that like many others, I was trying to deal with something that was new, that was undefined," Kennett told The Age newspaper. That permission was denied. Our News 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. The courts had previously found that the Nguraritja had non-exclusive native title over certain parcels of land, but not over those where native title had already been extinguished. 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. Drama Biopic Inspiring. Eddie Mabo of Mer island in the Torres Strait spent a decade seeking official recognition of his people's ownership of Mer and on 3 June 1992, the High Court of Australia agreed, rejecting the doctrine that Australia was terra nullius (land belonging to no-one) at the time of European settlement. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. 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. Uncle Eddie 'Koiki' Mabo. 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. But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. Keating begins by discussing the moral and legal implications of the decision. They can raise us to anger then soothe us. But the . It would most likely still be in place had it not been for Eddie Koiki Mabo. Watch all your favourite ABC programs on ABC iview. OM95-26 Mabo Cutting Books 1990-1994 - (2 vols.) Mabo and his fellow plaintiff's fought for land on Mer - their ancestral gardens and home. 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. We all know about the legacy of native title left by Meriam and Murray Islanders Edward Koiki Mabo, David Passi and James Rice. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. At: http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a (viewed 9 June 2015). 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. Text 1936 The golden house of is collapses and the world of becoming ascended.". It is clear that we have seen a change in momentum as far as this space is concerned. 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. We did not end. On November 16, 1990, after a year of considering the facts of the case, Justice Moynihan delivered his written findings to the High Court of Australia. Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . We acknowledge Aboriginal People and Torres Strait Islander People as the first inhabitants of the nation, and acknowledge Traditional Custodians of the Australian lands where our staff and students live, learn and work. Mabo expressed disbelief and shock. 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. 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. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. I walked into the news meeting at the ABC with words. 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. Yindyamarra is respect: It is quiet, it is humble. When our world is ablaze with conflict. 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 ! 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 Then, in June 1992, the years of sacrifice and persuasion came to fruition. Eddie Koiki Sambo was born on June 29, 1936 on the Torres Strait island of Mer, also known as Murray Island. 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. The conference, 'Land Rights and the Future of Australian Race Relations', was sponsored by the Townsville Treaty Committee and the James Cook University's Student Union. (2013 lecture transcript), 2012 Presentation by Professor Henry Reynolds. "If ever a system could be called a government of laws," he said, "it is shown in the evidence before me.". But that's just 11% of Australia's land mass. The BBC is not responsible for the content of external sites. A case was made, and took 10 years to reach a decision. 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. Eddie Mabo (left) and . [12] Native Title Act 1993 (Cth), preamble. Resting Place of Eddie Mabo. 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]. That nearly a third of our land mass is Indigenous owned is testament to this. I stand here proud to bring a message from my Elders. He had refused to surrender his interests, or those of his people, to the domination of others. But alongside . 1h 43m. Another key challenge that came out of the roundtable was the need to improve the capacity of our mobs to have the necessary advocacy; governance and risk management skills to successful engage in business and manage our estates in order to secure the best possible outcomes for our communities. But he was wrong. 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. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. To seek justice we had to speak the words of British law. 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. 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. We know sadness. 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". 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]. SPEECH - THURSDAY, 3 JUNE . 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. On 21 May 2008, James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. Our people know han. The Murray Islands Mabo v Queensland (No 2) (commonly known as the Mabo case or simply Mabo) is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia. He's recorded as saying: "No way, it's not theirs, it's ours." Gail, to your Mum Bonita, to Eddie Junior, Wannee, Bethal, Celuia, Ezra, Mario, Malita, Malcolm, Jessie and to you Gail, can I pay special tribute to for the generosity of you all in giving your husband and Dad to us. We need to work alongside government to equip ourselves with the knowledge and skills to turn the economic and commercial aspirations into reality. The second key theme that was raised at the roundtable was the issue of financing economic development within the Indigenous estate. 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. We leave base camp and start our trek across this vast country. Mabo - as in Eddie Mabo, who famously fought a winning fight against the legal doctrine of terra nullius to enshrine Aboriginal land rights in law - is referenced on two occasions. 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. I like how the words create a rhythm. 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. First, they ask me to pass on their greetings and their thanks for allowing me on your lands. Overwhelmingly, Aboriginal and Torres Strait Islander people have indicated that it is time for a new process of engagement to occur with the government on the topic of our rights after native title. [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? The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " More information. 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. 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. [11]Native Title Act 1993 (Cth), preamble. Eddie Mabo was a great hero to the Australian people. A culture and a people facing devastation. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. 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. He knew about suffering. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. We are currently not sharing in the developmental prosperity for which Australia is known. This dispossession occurred largely without compensation, and successive governments have failed to reach a lasting and equitable agreement with Aboriginal peoples and Torres Strait Islanders concerning the use of their lands.[12]. Gail Mabo and Prime Minister Tony Abbott during their visit to the grave of Eddie Mabo on Mer Island. 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. From 1973-1983 he established and became director of the Black Community School in Townsville. This is our land. Mabo: Life of an Island Man is a 1997 Australian documentary film on the life of Indigenous Australian land rights campaigner Eddie Koiki Mabo.. 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. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. The issue of compensation goes to the core of the initial intent of addressing the historical dispossession of Aboriginal and Torres Strait Islander peoples from their lands and waters. (2010 lecture transcript). And he knew truth. It is a feeling. The memory of wounds. AAP. This case, I said thisman Mabo will change Australia. One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. [6] UN Declaration on the Right to Development, Article 1, para 1. active, free and meaningful participation in development; self-determination and full sovereignty over natural wealth and resources. It is this issue of development that I will explore later in greater detail. His mother died during childbirth and he was raised by his mother's brother, Benny Mabo . 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. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. We go on, he said, ever, ever, ever on. Fungibility and native title. He petitioned, campaigned, cajoled and questioned Terra Nullius for 18 years. According to his daughter Gail Mabo, it 'fuelled his determination for recognition and equality in society'. A while back I read a business management book by an American, Leon C. Megginson. In 1992 the High Court handed down its historic ruling. Ten years later, he conceded his fears were unfounded. Words like the Uluru Statement from the Heart: We, gathered at the 2017 National Constitutional Convention, coming from all points of the southern sky, make this statement from the heart: Our Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs. Words. The National Archives holds a diverse array of records relating to the Mabo case. 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. At http://www.humanrights.gov.au/publications/native-title-report-2008 (viewed 5 June 2015). The new Prime Minister, Anthony Albanese, says there will be a referendum to enshrine a voice an Indigenous representative body in the Australian constitution. In-text: (Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision, 2019) Your Bibliography: Time Out Sydney. That was Eddie Mabos gift. There will be many words between now and then. 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. 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 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. And that is the cost to both men and their families. Volume 1 (227pp), Volume 2 (58pp). 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. 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." Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June.

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