Eddie Koiki Mabo died of cancer on 21 January 1991, before the case was resolved. He immediately saw the injustice of it and from then on dedicated his life to reversing it. "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. 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. Gail Mabo and Prime Minister Tony Abbott during their visit to the grave of Eddie Mabo on Mer Island. Three bound volumes regarding the determination of a reference from the High Court of Australia of the factual issues raised in the action by Eddie Mabo and others - prepared by Justice Moynihan. 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. The Mabo decision What is the Mabo decision? 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. 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. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. Despite the fact that the challenge of gaining native title is still a fight that many of us share, there has been a shift in focus now and we have started to see a gradual change in terms of ownership. 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. According to his daughter Gail Mabo, it 'fuelled his determination for recognition and equality in society'. He's recorded as saying: "No way, it's not theirs, it's ours." Eddie Mabo knew about love too. Words makaratta. [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. A Yolngu word meaning to come together after a struggle. It is this issue of development that I will explore later in greater detail. 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. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. 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. I like words. These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. This link is the basis of the ownership of the soil, or better, of sovereignty., "This is the torment of our powerlessness.". The theme of this years conference is Leadership, Legacy and Opportunity. B12 of 1982 in the High Court of Australia). It is clear that we have seen a change in momentum as far as this space is concerned. 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. On 3 June 1992, six of seven Australian High Court judges ruled: The Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands [in Torres Strait]. Fungibility and native title. The National Archives holds a diverse array of records relating to the Mabo case. Love, kindness, forgiveness; always love. One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. 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. The second key theme that was raised at the roundtable was the issue of financing economic development within the Indigenous estate. So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. To strengthen our democracy as Eddie Mabo strengthened our law. This Declaration on the Right to Development was adopted by the General Assembly in 1986. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. 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. 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'. 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. Eddie Mabo was a great hero to the Australian people. Eddie Mabo at James Cook University, early 1980s Series 8. To sign treaties. It would most likely still be in place had it not been for Eddie Koiki Mabo. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. "If Koiki Mabo were alive today he would be an angry man," says Malezer. It is a feeling. Reynolds writes: At http://www.humanrights.gov.au/publications/native-title-report-2008 (viewed 5 June 2015). My people are the Gangulu from the Dawson Valley in Central Queensland. In August 1981 Mabo attended a conference on land rights at James Cook University. 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. Promoting Indigenous peoples right to development. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. 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. 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. 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. Transcript. 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. This sovereignty is a spiritual notion: the ancestral tie between the land, or "mother nature", and the Aboriginal and Torres Strait Islander peoples who were born therefrom, remain attached thereto, and must one day return thither to be united with our ancestors. 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. Words like han. This was apartheid in Australia, not South Africa. 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. In 2008, a library at James Cook University was named after him. Mabo Day occurs annually in Australia on 3rd June. the belief that Australia and its islands belonged to no-one when claimed by the British in 1770) in a landmark court . 1h 43m. 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 ! He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). 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 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. 2023 BBC. 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 Court also recognised that all Indigenous people in Australia have rights to their land. 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. Participants in Broome identified there was a real need to have a new conversation with Government around Indigenous land and property rights and how this might translate into sustainable economic development. Mabo and others: products or agents of progress? 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. The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " Elders saythe wateris now a battleground. The Mabo case Records relating to the Mabo case About Eddie Mabo Edward Koiki Mabo was born on 29 June 1936. It is sadness beyond the word sadness itself. He knew about hope and he knew about justice. You can find it still, somewhere buried in the archives of ABC News. Mabo, Edward Koiki (Eddie) (1936-1992) . In Torres Strait Islands called the Mabo case, for Eddie Mabo, the first-named plaintiff) brought by several individuals that was won in the High Court of Australia in 1992; subsequent cases were also settled in favour of other groups of islanders. And he was right. [1] Cast [ edit] Jimi Bani as Eddie Mabo Gedor Zaro as Young Eddie Deborah Mailman as Bonita Mabo (ne Neehow) The golden house of is collapses and the world of becoming ascended.". Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. Can I be indulgent and add a couple of others. Mabo's love for his homeland drove the proud Torres Strait Islander to undertake a 10- year legal battle that rewrote Australia's history. Mabo and his fellow plaintiff's fought for land on Mer - their ancestral gardens and home. 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. 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. Nor did the judges intend that it should. Yindyamarra winanghanha. 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. 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. I was there as a young associate working for a judge, and saw the jubilation and relief of . 2. Financing economic development within the Indigenous estate. Read about our approach to external linking. Of invasion. The former president of Western Australia's Liberal Party, Bill Hassel, said the ruling was greeted with "outrage". Mabo expressed disbelief and shock. 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. He would later describe his time on the island as 'the best time of my life'1. In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More 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. 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. The memory of wounds. [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. 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 seek justice we had to speak the words of British law. 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. 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. Aunty Clara Ogleby, I begin by acknowledging and paying my respects to the Kuku Yalanji people, Traditional Owners of the place upon which we sit and talk today. He knew about hope and he knew about justice. 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. 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". Six weeks later his father died. We did not end. These are the traditional lands and waters of the Meriam people, and the final resting place of Eddie Mabo in Las Village. Born in 1936, he grew up in the village of Las on the north bend of Mer Island. 10. This push for economic independence has sought to move away from models of government dependency and have been premised largely on the use of our land as the basis to achieve this. 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. Governance has always been at the core of our Aboriginal and Torres Strait Islander cultures and our community life. What is this Eddie Mabo Biography Worksheet? 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. Today I want to talk about how Aboriginal and Torres Strait Islander peoples can be the leaders to grasp new opportunities that will leave a legacy for generations to come. We cross rivers and we are changed like the water itself. 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. Milosz wrote into the horror of the 20th century as he saw war all around him. 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. active, free and meaningful participation in development; self-determination and full sovereignty over natural wealth and resources. We know sadness. 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. That's why the legal decision is universally known as "Mabo". When democracy is teetering and autocracy is rising. De Rose Hill is a landmark case because it represents a significant moment in time in the native title space. Watch all your favourite ABC programs on ABC iview. 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. 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. You Murray Islanders have won that court case. British law was the law of the colony and usurped and superseded Aboriginal law. For the love of his family and tradition, he fights for his land on Murray Island. 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. He is hardworking and determined, but at the cost of his family life. 23 Nov 1990 - 21 Oct 1994 Library at the University College of Townsville, Queensland. In-text: (Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision, 2019) Your Bibliography: Time Out Sydney. 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. Sign up for free to create engaging, inspiring, and converting videos with Powtoon. 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. Until that day, the legal fiction of terra nullius, the land belonging to no-one, had characterised Australian law and land titles since the voyage of Captain Cook. . I must say though, that beyond economic development, effective governance is critical to ensuring that our organisations are transparent and accountable to our communities and this is one challenge to which we must rise. I was no lawyerbut I knew I sensed this was different. The new conversation that we need to be having around our rights to land and resources has been captured in the thematic areas I have just spoken about. It is short for Mabo and others v Queensland (No 2) (1992). His mother died during childbirth and he was raised by his mother's brother, Benny Mabo . This case, I said thisman Mabo will change Australia. In 1974, he became involved in a discussion with two academics. 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 21 May 2008, James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. I honour your Elders that have come before you, those that are here today and I wait in optimistic anticipation for those Elders who are yet to emerge. 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? Birthdays, anniversaries, sports events and special schools days were missed. (2014 lecture transcript), 2013 Presentation by Dr Bryan Keon-Cohen QC. Winanghanha is to return to knowing: to know what we have always known. More information. "Koiki was ambitious for himself and for his people." Eddie Mabo's legal pursuit of these issues resulted in one of the most significant legal cases in Australian history, in that it completely overturned the idea of terra nullius (land belonging to no-one) and challenged traditionally held beliefs about how Australia came into being, and about ownership of land. But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. 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. 2008 Presentation by The Hon. Ten years later, he conceded his fears were unfounded. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. 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. Today in the midst of winter there is still smoke from a campfire, framing a word spelled out on the lawn: Sovereignty. These organisations could assist in under-writing costs, insurance and risk as well as helping explore options for Indigenous specific loan products. Eddie Mabo and Gerard Brennan overturned the terra nullius policy and changed Australia forever. : he world to possession and I emfphasise Opossessions 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. 5. The victory was largely down to one indigenous man called Eddie Mabo. Edward Koiki Mabo was born on 29 June 1936. 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 . "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. On 8 December 1988, the High Court ruled this legislation invalid. "I think that like many others, I was trying to deal with something that was new, that was undefined," Kennett told The Age newspaper. (No. 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 . Tenacity, fearlessness, fearsome, tireless are some of the words that come to mind when the names Rob Riley and Eddie Mabo are mentioned. 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. At: http://www.theaustralian.com.au/news/features/property-rights-will-help-economic-development-of-indigenous-australians/story-e6frg6z6-1227365821530 (viewed 3 June 2015), [4] T Calma, Native Title Report 2005, Australian Human Rights Commission, 2005, p82. Document: 00003849.pdf 1 Page(s) Speech at the Gurindji Land Ceremony. 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 legal decision was made by the High Court on 3 June 1992. And he was right. 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. 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. That permission was denied. Eddie's daughter, Gail Mabo remembers that day well. At http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf (viewed 9 June 2015). It felt in this case that the time had come. And that is the cost to both men and their families. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. While he believed the Murray Island belonged to the Torres Strait Islander people, Australian law stated that the Government owned the land. 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. Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . This activity encourages children to write down their knowledge in a structured report . But he had to find words to speak a deeper truth even as he upheld the myth of terra nullius that Aboriginal people, he said, had a "subtle and elaborate system of law". We cannot cross the same stream twice. This needs to change. 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. 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. Rejected at each turn. 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. 2006 Presentation by Professor Larissa Behrendt. More Information .We are closed in a box. 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. Family gatherings were foregone. 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." It clearly did not, for instance, lead to vast numbers of white Australians being forced from their homes, businesses, mines or farms. They can raise us to anger then soothe us. Audio file Transcript About this record This is the soundtrack of an address to the nation on 15 November 1993 by the then Prime Minister Paul Keating, explaining the Australian Government's response to the High Court's Mabo decision. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. 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].