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Australia owes you a great debt. 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. AAP. 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. 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. 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. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. Meriam history and culture were crucial to the success of the Mabo case. 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. This was our land. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. Words. Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. To sign treaties. You can find it still, somewhere buried in the archives of ABC News. A lawyer heard the speech and asked . 2004 Presentation by Fr Frank Brennan SJ AO. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. But despite the success of the '67 campaign, in 1972 Eddie Mabo still had to get permission from the Queensland authorities to visit his dying father on Mer Island. 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. Mabo v Queensland (No 1) was heard in 1986and 1988. These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. Mabo expressed disbelief and shock. 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. I am sure that these issues will resonate with many of you here today. 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 . Volume 3 (146pp). [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. Governance has always been at the core of our Aboriginal and Torres Strait Islander cultures and our community life. HOST: Today is Mabo Day. What is this Eddie Mabo Biography Worksheet? Mabo Day occurs annually in Australia on 3rd June. [1] Cast [ edit] Jimi Bani as Eddie Mabo Gedor Zaro as Young Eddie Deborah Mailman as Bonita Mabo (ne Neehow) 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. Across language itself. But without warriors such as Eddie, David and James, Rob and countless others, we would not be in the position regarding Indigenous land tenure that we are in today. They can raise us to anger then soothe us. In 2014, Australia ranked second after Norway, in the United Nations Human Development Index,[9] a position that would seem to indicate that we all enjoy a quality of life superior to most others in the world. Promoting Indigenous peoples right to development. My people are the Gangulu from the Dawson Valley in Central Queensland. Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . 2. Financing economic development within the Indigenous estate. First, they ask me to pass on their greetings and their thanks for allowing me on your lands. Yindyamarra is respect: It is quiet, it is humble. In 1973 Mabo founded the Black Community School in Townsville, which was created to educate Aboriginal and Torres Strait Islander children and preserve traditional knowledge and practices. Words like han. 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. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. Mabo, Edward Koiki (Eddie) (1936-1992) . Judged by any civilised standard, such a law is unjust ". Elders saythe wateris now a battleground. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. "Koiki was ambitious for himself and for his people." This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. 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. 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. Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. That is, how do we build on the underlying communal title to create options for our economic development? This was not empty land. Searching for 'Mabo' in RecordSearch brings up many results, including the files below. (2010 lecture transcript). Mabo expressed. (2011 lecture transcript), 2010 Presentation by Professor Chris Sarra. There was scepticism, even cynicism, but I was able to report the story. Here we are 30 years later, still on that journey. (No. On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . Mabo expressed disbelief and shock. Can Nigeria's election result be overturned? In a snapshot. At: http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a (viewed 9 June 2015). On 21 May 2008, James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. 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. This will always be our land. [7] OHCHR Website, Essays in Commemoration of 25 years of the United Nations Declaration on the Right to Development. Thank you Russell for your kind words of introduction. We cannot cross the same stream twice. That permission was denied. 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. 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]. . 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." But he was wrong. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision . 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. The truth: This was his land. 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. The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " Drama Biopic Inspiring. Mabo 20 years on: did it change the nation? 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. 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. By continuing to use this site, you are giving us consent to do this. In 2008, a library at James Cook University was named after him. 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 Mabo decision What is the Mabo decision? It would most likely still be in place had it not been for Eddie Koiki Mabo. But it was a bittersweet moment for the indigenous population. What's the least amount of exercise we can get away with? As much as Australias law tried to tell him he was wrong, he knew his law and he knew that even the law of Britain that had stolen this land had to admit finally admit what we all knew, what Eddie Mabo knew. Our people know han. Keating begins by discussing the moral and legal implications of the decision. Older articles are being reviewed with a view to bringing them into line with contemporary values but the original text will remain available for historical context. This landmark decision led to the Australian Government introducing native title . Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. It is sadness beyond the word sadness itself. This often presents internal issues for traditional owner groups about how decisions are made and how benefits will be shared and responsibilities exercised. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). This could also be translated as greater Indigenous control over our lands and resources more generally, and a decrease in the burden placed on Indigenous landholders as I have mentioned earlier today by government and other industries. Others, mainly white opponents, regarded the judgement as a mistake. And he knew truth. Eddie Koiki Mabo presents a guest lecture about the Torres Strait Islander community 2,837 views Nov 18, 2020 51 Dislike Share Save JCU Library 451 subscribers This short video is an excerpt. 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. He knew about hope and he knew about justice. 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. 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. 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. Milosz wrote into the horror of the 20th century as he saw war all around him. To strengthen our democracy as Eddie Mabo strengthened our law. 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. He's recorded as saying: "No way, it's not theirs, it's ours." 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. 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. Legacy of Eddie Mabo. The truth: This was his land. 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]. Mabo and others: products or agents of progress? A case was made, and took 10 years to reach a decision. 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. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/eddie-mabo-lecture-stan-grant-terra-nullius-gerard-brennan/101126466, The man who 'took on the government' and won, Supplied: Australian Institute of Marine Science/Ray Berkelmans, Kevin was fishing for his family when he was confronted by a 'compliance officer', Australia's biggest drug bust: $1 billion worth of cocaine linked to Mexican cartel intercepted, Four in hospital after terrifying home invasion by gang armed with machetes, knives, hammer, 'We have got the balance right': PM gives Greens' super demands short shrift, Crowd laughs as Russia's foreign minister claims Ukraine war 'was launched against us', The tense, 10-minute meeting that left Russia's chief diplomat smoking outside in the blazing sun, 'Celebrity leaders': Mike Pompeo, Nikki Haley take veiled jabs at Donald Trump in CPAC remarks, Hong Kong court convicts three members of Tiananmen vigil group for security offence, as publisher behind Xi biography released, 'How dare they': Possum Magic author hits out at 'ridiculous' Roald Dahl edits, Vanuatu hit by two cyclones and twin earthquakes in two days, the colonists not the Aborigines are the foreigners, Justice Lionel Murphy rattled the bones of the Australian settlement, Ngunnawal traditional owners announce plans to lodge native title claim over ACT and parts of NSW, These men have 'unfinished business' with native title and their case could change Australia, Gail Mabo was with her newborn son when she learnt her father had corrected history 30 years ago, Former High Court Chief Justice who wrote lead judgement on Mabo decision dies one day before its 30th anniversary, Rare sighting of bird 'like Beyonce, Prince and Elvis all turning up at once', Emily was studying law when she had to go to court. As a nation, this is an improvement from fourth position just over ten years ago in 2003.[10]. 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 share. 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. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. Other forms of recognition have been added. These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? The new Prime Minister, Anthony Albanese, says there will be a referendum to enshrine a voice an Indigenous representative body in the Australian constitution. 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. We leave base camp and start our trek across this vast country. 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. 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. 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. And he knew truth. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. Of invasion. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. 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." The BBC is not responsible for the content of external sites. 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]. 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. 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). I also acknowledge the Minister for Indigenous Affairs, Nigel Scullion who is here today and my colleague Tim Wilson, our Australian Human Rights Commissioner. 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. I was no lawyerbut I knew I sensed this was different. It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. Fungibility and native title. He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. The nation remained diminished. 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. 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. A human rights based approach has been a key part of advocacy of all Social Justice Commissioners. 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. Han is Korean and it is more than a word. Two words showed something was wrong with the system, After centuries of Murdaugh rule in the Deep South, the family's power ends with a life sentence for murder, Flooding in southern Malaysia forces 40,000 people to flee homes, When Daniel picked up a dropped box on a busy road, he had no idea it would lead to the 'best present ever', Plans to redevelop 'eyesore' on prime riverside land fall apart as billionaires exit, Labor's pledge for mega koala park in south-west Sydney welcomed by conservation groups, Tom Sizemore, Saving Private Ryan actor, dies aged 61. 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. The High Court is the highest court in Australia's judicial system. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. However the Federal Court found that the South Australian government were liable for an undisclosed amount to the Nguraritja people for parcels of land over which, but for the prior extinguishing acts of government, they would have held native title. 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. A Yolngu word meaning to come together after a struggle. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. B12 of 1982 in the High Court of Australia). British law was the law of the colony and usurped and superseded Aboriginal law. 1h 43m. 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. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. 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. Concocted by the early settlers, it was used, systematically, cynically and effectively to deprive the indigenous people of their own land. Love, suffering, hope, justice and truth Eddie Mabo knew about love too. Yindyamarra winanghanha. 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". 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 . 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. 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. I believe that it is this framework that has the power to elevate the aspirations that we have as Aboriginal and Torres Strait Islander peoples in relation to land. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 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. He would later describe his time on the island as 'the best time of my life'1. We know sadness. That nearly a third of our land mass is Indigenous owned is testament to this. Mabo gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. Some records include terms and views that are not appropriate today. It is this issue of development that I will explore later in greater detail. Eddie Mabo at James Cook University, early 1980s Series 8. Topics are usually less than 2 minutes long. He was right. The world of becoming ascends. 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. 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. The former president of Western Australia's Liberal Party, Bill Hassel, said the ruling was greeted with "outrage". JCU websites use cookies to enhance user experience, analyse site usage, and assist with outreach and enrolment. 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. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. Words speak across tongues. 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.