Eddie Koiki Mabo Lecture Series. Other cases persisted. Legacy of Eddie Mabo. The Keating government gave effect to the Mabo decision by introducing the Native Title Act 1993, which facilitated the process of recognising native title. 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. I was there as a young associate working for a judge, and saw the jubilation and relief of . We know sadness. Mabo's credibility as the primary witness for the case was savaged . We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. He had refused to surrender his interests, or those of his people, to the domination of others. 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. (No. Elders saythe wateris now a battleground. "I think that like many others, I was trying to deal with something that was new, that was undefined," Kennett told The Age newspaper. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. But that hasn't stopped indigenous people, like Queensland elder Douglas Bon, taking great satisfaction in the ruling. That's why the legal decision is universally known as "Mabo". Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . Aboriginal Australians are celebrating the 20th anniversary of their landmark victory over land rights. 10. 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. 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. 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 . active, free and meaningful participation in development; self-determination and full sovereignty over natural wealth and resources. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). To make agreements. 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. Six weeks later his father died. Our people know han. And he was right. 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. Mabo Day occurs annually in Australia on 3rd June. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. Mabo, Edward Koiki (Eddie) (1936-1992) . 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. Sign up for free to create engaging, inspiring, and converting videos with Powtoon. The golden house of is collapses and the world of becoming ascended.". Eddie Mabo would not live to see his final victory, but in that judgement he became immortal. 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. He was right. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. So, in many ways, the victory has been more symbolic than practical. I like how the words create a rhythm. 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." [1] J Altman., (2014) Scullion Peddles pipedream reforms, Journal of Indigenous Policy, At: http://www.austlii.edu.au/au/journals/JlIndigP/2014/33.pdf (viewed 5 June 2015). This was our land. Judged by any civilised standard, such a law is unjust ". [11]Native Title Act 1993 (Cth), preamble. Other forms of recognition have been added. 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. It is lament. Thank you Russell for your kind words of introduction. There will be many words between now and then. More information. The truth: This was his land. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. The victory was largely down to one indigenous man called Eddie Mabo. Mabo v Queensland (No 1) was heard in 1986and 1988. I also acknowledge Meriam PBC Chair Mr Doug Passi. . 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. Truth. This is our land. The theme of this years conference is Leadership, Legacy and Opportunity. As the Broome Roundtable highlighted, this remains one of the key unresolved issues facing Aboriginal and Torres Strait Islander peoples and their quest for ongoing economic development. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 Finally, the remaining key theme of the meeting was the issue of our right as Indigenous peoples to development. From 1973-1983 he established and became director of the Black Community School in Townsville. This will always be our land. At: http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6 (viewed 9 June 2015). In 1992 the High Court handed down its historic ruling. Then, in June 1992, the years of sacrifice and persuasion came to fruition. Typical of such awards, the citations are generally understated and this is particularly so in your case. For the love of his family and tradition, he fights for his land on Murray Island. 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. Resting Place of Eddie Mabo. [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. 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. We go on, he said, ever, ever, ever on. Love, kindness, forgiveness; always love. 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. 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 . 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. The decision. [1] Cast [ edit] Jimi Bani as Eddie Mabo Gedor Zaro as Young Eddie Deborah Mailman as Bonita Mabo (ne Neehow) It would most likely still be in place had it not been for Eddie Koiki Mabo. 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. Eddie Mabo had challenged the very ideological establishment of Australia and the first Australians. [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. He also co-operated with members of the Communist Party, the only white political party to support Aboriginal campaigns at the time. "The golden house of is collapses. 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". On November 16, 1990, after a year of considering the facts of the case, Justice Moynihan delivered his written findings to the High Court of Australia. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. I was no lawyerbut I knew I sensed this was different. 2008 Presentation by The Hon. The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " 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. 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. This often presents internal issues for traditional owner groups about how decisions are made and how benefits will be shared and responsibilities exercised. He knew about suffering. In one, the presiding judge said the mere introduction of British law did not extinguish Aboriginal customary law. 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 justices spoke of a legacy of "unutterable shame"and that the dispossession of Indigenous people was the darkest aspect of Australia's history. Mabo died five months earlier from cancer in January 1992, at the age of 55. 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. Eddie Mabo at James Cook University, early 1980s Series 8. 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 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. Keating begins by discussing the moral and legal implications of the decision. : he world to possession and I emfphasise Opossessions Our landsings gently a song of sadness. 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. The conference, 'Land Rights and the Future of Australian Race Relations', was sponsored by the Townsville Treaty Committee and the James Cook University's Student Union. 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. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. This independence could be realized through greater roles for Indigenous landholders through business, land management and other opportunities. A case was made, and took 10 years to reach a decision. 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. Suggested answer: While working as a grounds keeper at James Cook University in Townsville, Eddie learnt about Australian land ownership laws. (2012) This program was published 2 years ago. On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . Eddie Mabo's heritage and culture were major influencers in his rise to prominence. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. Words makaratta. 5. 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. And that is the cost to both men and their families. This is an edited extract of the 2022 Mabo Lecture, delivered by Stan Grant on June 3, 2022, to commemorate 30 years since the Mabo decision. Until Mabo, we had been a forgotten people, even though we knew that we were in the right.". Nor did the judges intend that it should. Eddie Mabo of Mer island in the Torres Strait spent a decade seeking official recognition of his people's ownership of Mer and on 3 June 1992, the High Court of Australia agreed, rejecting the doctrine that Australia was terra nullius (land belonging to no-one) at the time of European settlement. The second key theme that was raised at the roundtable was the issue of financing economic development within the Indigenous estate. It was suggested that we, as Aboriginal and Torres Strait Islander peoples, needed to think outside of the box when it comes to this issue. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. Eddie Mabo and Gerard Brennan overturned the terra nullius policy and changed Australia forever. Today in the midst of winter there is still smoke from a campfire, framing a word spelled out on the lawn: Sovereignty. For 50 years this embassy has stood as a reminder that we are still here. "If Koiki Mabo were alive today he would be an angry man," says Malezer. 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. "The rights he won in the High Court have been eroded away by government, courts and socio-economic pressure.". 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]. 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. You can find it still, somewhere buried in the archives of ABC News. In August 1981 Mabo attended a conference on land rights at James Cook University. 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. My people are the Gangulu from the Dawson Valley in Central Queensland. 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. 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. Eddie Koiki Mabo: Land Rights in the Torres Strait I would like to first of all express my sincere thanks to the organizers of this conference: in particular the James Cook University Student Union and the Aboriginal Treaty Committee in Townsville for allowing me to speak at this very important conference. This is yet another reason why a development approach is so urgently needed. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. It is a feeling. Australian law for two centuries hid the truth behind words. 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. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. 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. 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. "It gave us back our pride. 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 He spoke of impermanence: He knew things did not last and yet we do. 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. OM95-26 Mabo Cutting Books 1990-1994 - (2 vols.) Mabo: Life of an Island Man is a 1997 Australian documentary film on the life of Indigenous Australian land rights campaigner Eddie Koiki Mabo.. For Indigenous peoples around the world, the Declaration has been a means by which they can free themselves from the shackles of colonialism and share equitably in the benefits of development.[8]. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. These skills will enable us to make better and informed decisions for maximum benefit and I look forward, as I am sure you do, to the release of IBAs investment principles, which they are currently developing in partnership with Aboriginal and Torres Strait Islander peoples and organisations across the country. Hide message. Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . Reynolds writes: 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. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. 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. 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. The man who had engineered the historic change of law, never lived to witness it himself. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. But alongside . We cannot cross the same stream twice. This needs to change. 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 . 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. When democracy is teetering and autocracy is rising. 2019. "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. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. "If ever a system could be called a government of laws," he said, "it is shown in the evidence before me.". That nearly a third of our land mass is Indigenous owned is testament to this. In the context of Aboriginal and Torres Strait Islander peoples, Governments have committed themselves to the economic development of our communities. Read about our approach to external linking. Mabo 20 years on: did it change the nation? But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. Birthdays, anniversaries, sports events and special schools days were missed. 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. To seek justice we had to speak the words of British law. 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". On 21 May 2008, James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. While working as a gardener at James Cook University, he found out through two historians that, by law, he and his family did not own their land on Mer. Han is Korean and it is more than a word. 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. The memory of wounds. The world of becoming ascends. Justice Blackburn ruled Australia was indeed a "settled colony", that this was"desert and uncultivated". Watch all your favourite ABC programs on ABC iview. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. On 3 June 1992, the High Court of Australia ruled in favour of limited native title. This landmark decision led to the Australian Government introducing native title . Aboriginal and Torres Strait Islander peoples are advised that this site may contain names, images or voices of people who have passed away. Aboriginal and Torres Strait Islander people should be aware that the National Archives' website and collection contain the names, images and voices of people who have died. Transcript ID: 3849. 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). 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. Short for Mabo and others v Queensland (No 2) (1992), the Mabo case, led by Eddie Koiki Mabo, an activist for the 1967 Referendum, fought the legal concept that Australia and the Torres Strait Islands were not owned by Indigenous peoples because they did not 'use' the land in ways Europeans believed constituted some kind of legal possession. Eternal. And he knew truth. It is clear that we have seen a change in momentum as far as this space is concerned. In some ways our systems of governance is a defining feature of the oldest living culture on this planet. 2009 Presentation by Professor Ross Garnaut, Vice-Chancellor's Fellow and Professorial Fellow in Economics, The University of Melbourne, and Distinguished Professor, The Australian University. The BBC is not responsible for the content of external sites. They reflect the period in which they were created and are not the views of the National Archives. We pay our respects to the people, their cultures and Elders past, present and emerging. But it was a bittersweet moment for the indigenous population. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. In a snapshot. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. 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. They both endured early hard lives that steeled them for the struggles that would eventually come their way. That permission was denied. There was something of destiny in the air. 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. Family gatherings were foregone. This Declaration on the Right to Development was adopted by the General Assembly in 1986. 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. Yindyamarra is respect: It is quiet, it is humble. To build a world worth living in. 23 Nov 1990 - 21 Oct 1994 Library at the University College of Townsville, Queensland. 1h 43m. Choose from the list of topics on the left and then choose 'Click to Play'.