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. Eddie Mabo at James Cook University, early 1980s Series 8. Typical of such awards, the citations are generally understated and this is particularly so in your case. To strengthen our democracy as Eddie Mabo strengthened our law. Yindyamarra is respect: It is quiet, it is humble. In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More For 50 years this embassy has stood as a reminder that we are still here. 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. The lack of planning and support for native titleholders to economically develop their land was identified as one of the major failings of the native title system. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. He knew about hope and he knew about justice. He is hardworking and determined, but at the cost of his family life. Our News "Quite simply, Eddie Mabo brought an end to a two-centuries-old lie," says Rachel Perkins, director and inspiration behind the new movie, Mabo, released to coincide with the 20th anniversary of the historic High Court case. The Keating government gave effect to the Mabo decision by introducing the Native Title Act 1993, which facilitated the process of recognising native title. A world turning. Together yindyamarra winanghanha means to live with respect in a world worth living in. 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. 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. However, in the lead-up to these hearings, the Parliament of Queensland passed the Queensland Coast Islands Declaratory Act 1985, which asserted that, upon being annexed by the Queensland Government in 1879, 'the islands were vested in the Crown freed from all other rights, interests and claims'. 23 Nov 1990 - 21 Oct 1994 Library at the University College of Townsville, Queensland. Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision . 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. 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. Hide message. 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. The man who had engineered the historic change of law, never lived to witness it himself. The decision. According to his daughter Gail Mabo, it 'fuelled his determination for recognition and equality in society'. Alex Murdaugh jailed for life for double murder, Why the disgraced lawyer was spared death penalty, Saving Private Ryan actor Tom Sizemore dies at 61, The children left behind in Cuba's mass exodus, Xi Jinping's power grab - and why it matters, Snow, Fire and Lights: Photos of the Week. 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. Uncle Edward 'Koiki' Mabo was born in 1936, in Las on the island of Mer (Murray Island) in the Torres Strait to 'Robert' Zesou Sambo and 'Annie' Poipe, ne Mabo. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. A while back I read a business management book by an American, Leon C. Megginson. Legacy of Eddie Mabo. 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 . A clear theme from the Broome Roundtable revealed a common frustration among many Aboriginal and Torres Strait Islander people. I also acknowledge the Minister for Indigenous Affairs, Nigel Scullion who is here today and my colleague Tim Wilson, our Australian Human Rights Commissioner. 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. 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. Mabo was a Torres Strait islander from Mer (Murray Island), off Australia's north-east coast. 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. Eddie Mabo was heartbroken and never forgave government authorities. 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. On 3 June 1992 the High Court of Australia ruled that a group of Torres Strait Islander people, led by Eddie Mabo, owned the island of Mer (Murray Island). Eddie Mabo knew about love too. In August 1981 Mabo attended a conference on land rights at James Cook University. [6] UN Declaration on the Right to Development, Article 1, para 1. He petitioned, campaigned, cajoled and questioned Terra Nullius for 18 years. 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. 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. The BBC is not responsible for the content of external sites. They claimed that Murray Island (Mer) and surrounding islands and reefs had been continuously inhabited and exclusively possessed by the Meriam people . Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . Volume 1 (227pp), Volume 2 (58pp). Mabo expressed disbelief and shock. This independence could be realized through greater roles for Indigenous landholders through business, land management and other opportunities. 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. His mother died during childbirth and he was raised by his mother's brother, Benny Mabo . 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. What's the least amount of exercise we can get away with? I like words. I am sure that these issues will resonate with many of you here today. There were three key components to this: As you will know, the first two of these three components have been implemented, with varying degrees of success and impact on our communities over the years. And he was right. 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. Court cases in the mid-19th century challenged the idea of British settlement at the time the rulings were in favour of the Crown. 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. 2004 Presentation by Fr Frank Brennan SJ AO. Of invasion. Mabo made a speech to the audience where he explained the indigenous customary land inheritance system on Murray Island. Others, mainly white opponents, regarded the judgement as a mistake. Yindyamarra winanghanha. Elders saythe wateris now a battleground. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. Their hard fought battle against the Queensland government finally consigned the lie of terra nullius to the historical dustbin and recognised the unique rights that we hold as Aboriginal and Torres Strait Islander peoples to our traditional land and waters. 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." Thank you Russell for your kind words of introduction. These are the traditional lands and waters of the Meriam people, and the final resting place of Eddie Mabo in Las Village. Importantly, development is also a process through which other human rights can be realized and our wellbeing alongside all other populations is maximised. : he world to possession and I emfphasise Opossessions In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. This was apartheid in Australia, not South Africa. 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 On Monday, he laid a wreath on Mr Mabo's grave on Mer Island. Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. It is this issue of development that I will explore later in greater detail. Ten years later, he conceded his fears were unfounded. 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. 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 ! The most important revelation arising from Eddie Mabo's claim and the High Court's decision was that an ancient title connected to the traditional occupation of the land by Aboriginal and Islander people had survived the . From 1973-1983 he established and became director of the Black Community School in Townsville. Eternal. 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. 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. Please join with me in acknowledging the life long accomplishments of Russell Taylor. That's why the legal decision is universally known as "Mabo". 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. 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. I have previously spoken at length about the importance of the Declaration on the Rights of Indigenous Peoples, which contains 46 articles on the rights that Indigenous peoples all around the world hold. Across language itself. That word is emblazoned still at the Aboriginal Tent Embassy on the lawns of the Old Parliament House in Canberra. 2. Financing economic development within the Indigenous estate. It is a feeling. Well, Australia now stands at a moment of history. (2012) This program was published 2 years ago. 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. The victory was largely down to one indigenous man called Eddie Mabo. There was something of destiny in the air. It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. He knew about suffering. 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. 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. But the . Few Australians then knew the name Eddie Mabo. In-text: (Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision, 2019) Your Bibliography: Time Out Sydney. 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. We go on, he said, ever, ever, ever on. 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. When our world is ablaze with conflict. - Behind the News Behind the News 133K subscribers Subscribe 483 106K views 3 years ago Mabo Day on June 3rd, celebrates. Mabo: Life of an Island Man is a 1997 Australian documentary film on the life of Indigenous Australian land rights campaigner Eddie Koiki Mabo.. "Koiki was ambitious for himself and for his people." 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. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. Australia owes you a great debt. In the context of Aboriginal and Torres Strait Islander peoples, Governments have committed themselves to the economic development of our communities. 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. These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. A Yolngu word meaning to come together after a struggle. 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. I want to begin by honouring and quoting the words of the now late chief justice of the High Court of Australia, Sir Gerard Brennan,the words he wrote in his lead judgement in the Mabo case: The common law itself took from Indigenous inhabitants any right to occupy their traditional land, exposed them to deprivation of the religious, cultural and economic sustenance which the land provides, vested the land effectively in the control of the imperial authorities without any right to compensation and made the Indigenous inhabitants intruders in their own homes and mendicants for a place to live. For significant service to the community as a cultural leader and public sector executive in the field of Indigenous affairs.. How might this case shatter the myth of terra nullius? I like how the words create a rhythm. It is short for Mabo and others v Queensland (No 2) (1992). Even though these rights have been watered down over the years, they have enabled us to reach a point where we now own nearly a third of the entire Australian continent and I am told approximately 54% of places like the Northern Territory. We cross rivers and we are changed like the water itself. However, contemporary Indigenous governance needs recognises that we must now adjust our customary ways of governing to meet the expectations and regulations of non-indigenous laws and institutions. Milosz wrote into the horror of the 20th century as he saw war all around him. Words speak across tongues. That is, how do we build on the underlying communal title to create options for our economic development? Read about our approach to external linking. At: http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a (viewed 9 June 2015). [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. 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. Meriam history and culture were crucial to the success of the Mabo case. 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. 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. Transcript ID: 3849. The "fallacy" that Perkins speaks of is the concept of Terra Nullius, land belonging to no-one. What did Eddie Mabo say in his speech? To make agreements. Eddie Mabo (left) and . 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. 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]. Eddie Koiki Mabo was an advocate of the 1967 Referendum, fighting for equal rights including education. 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. Justice John Willis said: "In Australia it is the colonists not the Aborigines are the foreigners.". To sign treaties. De Rose Hill is a landmark case because it represents a significant moment in time in the native title space. I was there as a young associate working for a judge, and saw the jubilation and relief of . 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. I think much of the dialogue on this issue in Australia has revolved around how to protect Aboriginal and Torres Strait Islander peoples from development as opposed to how to realize our rights to development and the associated benefits that come with it. "It gave us back our pride. Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. 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. Eddie Koiki Mabo: A Meriam man, husband to Bonita Mabo and father to 10 children. This is our land. Other cases persisted. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. A culture and a people facing devastation. 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. On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. 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. Some records include terms and views that are not appropriate today. 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. 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." 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. And these were the costs borne by the whole family. Text 1936 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. This case, I said thisman Mabo will change Australia. 2006 Presentation by Professor Larissa Behrendt. 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 . Eddie Mabo's heritage and culture were major influencers in his rise to prominence. Eddie Mabo was a great hero to the Australian people. 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. The earliest papers on the Murray Island land claim are a manuscript and typescript of a speech by Mabo at the Land Rights and Future of Australian Race Relations Conference at James Cook University in 1981. Mabo and others: products or agents of progress? 2019. Of law. Winanghanha is to return to knowing: to know what we have always known. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. It goes on to mention the yet unfulfilled nature of redress through a social justice package that I alluded to earlier: Aboriginal and Torres Strait Islander peoples have been progressively dispossessed of their lands. 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. He was right. 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]. 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.