I stand here proud to bring a message from my Elders. On 8 December 1988, the High Court ruled this legislation invalid. 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. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. Meriam history and culture were crucial to the success of the Mabo case. (2012) This program was published 2 years ago. Eddie Koiki Mabo: A Meriam man, husband to Bonita Mabo and father to 10 children. 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. 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. 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. According to his daughter Gail Mabo, it 'fuelled his determination for recognition and equality in society'. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. Edward Koiki Mabo ( n Sambo; 29 June 1936 - 21 January 1992) was an Indigenous Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights in Australia, in particular the landmark decision of the High Court of Australia that recognised that indigenous rights to land had continued after the British Words. 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]. And he knew truth. It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. For many at JCU, the landmark legal decision has been rendered personal, as well as political and historic, because of Eddie's important association with JCU staff and students, and with our surrounding communities. In 2008, a library at James Cook University was named after him. 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]. 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. We need to work alongside government to equip ourselves with the knowledge and skills to turn the economic and commercial aspirations into reality. Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . We will adapt, we will take advantage of these opportunities and we will leave a great legacy. Leeanne Enoch MP, Minister for Housing and Public Works and Minister for Science and Innovation. He knew about suffering. 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. Mabo expressed disbelief and shock. Across language itself. This will always be our land. Today in the midst of winter there is still smoke from a campfire, framing a word spelled out on the lawn: Sovereignty. Mabo's love for his homeland drove the proud Torres Strait Islander to undertake a 10- year legal battle that rewrote Australia's history. Our landsings gently a song of sadness. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. Love, kindness, forgiveness; always love. 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 8th of May in Perth. Unlike them, however, Mabo wasn't going to accept it. This link is the basis of the ownership of the soil, or better, of sovereignty., "This is the torment of our powerlessness.". They can raise us to anger then soothe us. Drama Biopic Inspiring. He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. 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. "I think that like many others, I was trying to deal with something that was new, that was undefined," Kennett told The Age newspaper. 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-text: (Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision, 2019) Your Bibliography: Time Out Sydney. Watch. 2008 Presentation by The Hon. Governance has always been at the core of our Aboriginal and Torres Strait Islander cultures and our community life. The legal decision was made by the High Court on 3 June 1992. Vincent Lingiari and men and women of the Gurindji people. To strengthen our democracy as Eddie Mabo strengthened our law. . Friends we are the First Peoples of this country and we are the oldest living culture in the world because of our ability to adapt to ever changing environments and circumstances. 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. the belief that Australia and its islands belonged to no-one when claimed by the British in 1770) in a landmark court . This is yet another reason why a development approach is so urgently needed. 3. Business development support and succession planning. And these were the costs borne by the whole family. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. [12] Native Title Act 1993 (Cth), preamble. To sign treaties. Eddie Mabo was a Torres Strait Islander activist. Justice Blackburn ruled Australia was indeed a "settled colony", that this was"desert and uncultivated". 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. Others, mainly white opponents, regarded the judgement as a mistake. "The rights he won in the High Court have been eroded away by government, courts and socio-economic pressure.". 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. I was there as a young associate working for a judge, and saw the jubilation and relief of . This case, I said thisman Mabo will change Australia. The issue of compensation for unfinished business was another key theme of the Roundtable. But the . Following his speech, he was approached by a lawyer, who asked if he'd be interested in taking the Australian Government to court to finally decide who owned the land. "If Koiki Mabo were alive today he would be an angry man," says Malezer. Topics are usually less than 2 minutes long. My people are the Gangulu from the Dawson Valley in Central Queensland. [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More 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. The memory of wounds. He is hardworking and determined, but at the cost of his family life. His mother passed away shortly after his birth and he was adopted by his Uncle Benny and Aunty Maigo Mabo in line with Islander custom. 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. Eddie Mabo and Gerard Brennan overturned the terra nullius policy and changed Australia forever. I have heard many stories from Aboriginal and Torres Strait Islander communities and Traditional Owners about the many barriers they face in reaching their potential benefits under land rights and native title. 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 . Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . But who was Eddie Mabo, why did he take up what must have seemed like a hopeless cause and what is the legacy of his campaign? 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. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. That is, how do we build on the underlying communal title to create options for our economic development? 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. British law was the law of the colony and usurped and superseded Aboriginal law. But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. Read about our approach to external linking. It is a feeling. Text 1936 The Court also recognised that all Indigenous people in Australia have rights to their land. 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. 1h 43m. By continuing to use this site, you are giving us consent to do this. 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. In particular, Roundtable participants lamented the lack of governance skills amongst Aboriginal and Torres Strait Islander landholders to successfully engage in business development and to manage their estates. They both endured early hard lives that steeled them for the struggles that would eventually come their way. 2004 Presentation by Fr Frank Brennan SJ AO. I hope that youll share with me the need to move this conversation forward, in order to best realise our rights under native title and the benefits that should follow from that. 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. To make agreements. The victory was largely down to one indigenous man called Eddie Mabo. [10] UN Development Programme, Human Development Index, UN Human Development Report, p237. Our News 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. On this great day, I, Prime Minister of Australia, speak to you on behalf of the Australian people all those who honour and love this land we live in. 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"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. Mabo ended up on the mainland working a number of jobs, including labouring on the railways. Eddie Koiki Mabo was a Torres Strait Islander, known for his role in campaigning for Indigenous land rights and for the landmark decision of the High Court of Australia that overturned the legal doctrine of terra nullius ('land belonging to nothing, no one') which characterised Australian law with regards to land and title. How might this case shatter the myth of terra nullius? First, they ask me to pass on their greetings and their thanks for allowing me on your lands. Tenacity, fearlessness, fearsome, tireless are some of the words that come to mind when the names Rob Riley and Eddie Mabo are mentioned. At 31, this affrontery became his epiphany. I want to give two words from my people, Wiradjuri. On Monday, he laid a wreath on Mr Mabo's grave on Mer Island. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. 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 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. Aboriginal Australians are celebrating the 20th anniversary of their landmark victory over land rights. 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. Ten years later, he conceded his fears were unfounded. A Yolngu word meaning to come together after a struggle. 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 . These often hamper the development and economic aspirations of the communities involved right from the start. Born in 1936, he grew up in the village of Las on the north bend of Mer Island. In particular, this was raised as a way that Aboriginal and Torres Strait Islander communities might be able to leverage finances in order to support economic development opportunities and to improve the capacity of our mobs to best manage these prospects in the future. It is this issue of development that I will explore later in greater detail. We are currently not sharing in the developmental prosperity for which Australia is known. 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. The fall of the golden house of is but not the end. Australia owes you a great debt. 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. 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]. Winanghanha is to return to knowing: to know what we have always known. 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. More Information .We are closed in a box. A while back I read a business management book by an American, Leon C. Megginson. Mabo 20 years on: did it change the nation? This will always be our land. This was apartheid in Australia, not South Africa. We cannot cross the same stream twice. The National Archives holds a diverse array of records relating to the Mabo case. A lawyer heard the speech and asked . Edward Koiki Mabo was born on 29 June 1936. 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. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. Nor did the judges intend that it should. Overwhelmingly, what participants told us at the Roundtable was that whilst there had been an expansion of the Indigenous estate since the commencement of the Native Title Act that it largely has not delivered sustainable outcomes for Aboriginal and Torres Strait Islander peoples. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. 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. Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. Reynolds struck up a friendship with Eddie Mabo, who was then a groundsman and gardener at James Cook University. It is lament. Friendship with Eddie Mabo. 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. He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. He knew about hope and he knew about justice. However, most importantly of all, we are now faced with the challenge of how to make the most of our rights to land and native title once we have them, for our prosperity and sustainability. The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. 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". 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. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. 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. 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. 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. 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. The Mabo decision was named after Eddie Mabo, the 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. Love, suffering, hope, justice and truth Eddie Mabo knew about love too. 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. Of law. 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. At: http://www.ohchr.org/EN/Issues/Development/Pages/RealizingaVisionforTransformativeDevelopment.aspx (viewed 9 June 2015), [8] N Collings, Native title, economic development and the environment, Australian Law Reform Commission Journal 15, 2009. In some ways our systems of governance is a defining feature of the oldest living culture on this planet. 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. For significant service to the community as a cultural leader and public sector executive in the field of Indigenous affairs..
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