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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. 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. It is a feeling. 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. He spoke of impermanence: He knew things did not last and yet we do. Transcript ID: 3849. 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. At http://www.humanrights.gov.au/publications/native-title-report-2008 (viewed 5 June 2015). Mabo and others: products or agents of progress? "For two centuries, the British and then white Australians operated under a fallacy, that somehow Aboriginal people did not exist or have land rights before the first settlers arrived in 1788.". A human rights based approach has been a key part of advocacy of all Social Justice Commissioners. Unlike them, however, Mabo wasn't going to accept it. 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. 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. Legacy of Eddie Mabo. Of law. 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. A clear theme from the Broome Roundtable revealed a common frustration among many Aboriginal and Torres Strait Islander people. It is short for Mabo and others v Queensland (No 2) (1992). Vincent Lingiari and men and women of the Gurindji people. He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. 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 golden house of is collapses. . You may have heard that Tim Wilson, Human Rights Commissioner and I recently co-convened a roundtable on Yawuru country on the issue of Indigenous property rights. "It gave us back our pride. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . Milosz wrote into the horror of the 20th century as he saw war all around him. And he was right. This was apartheid in Australia, not South Africa. Promoting Indigenous peoples right to development. This needs to change. These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. 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. It was also a flagrant disregard of Britain's own existing laws, which stated that the Aboriginal people did have title rights over their own land. The fall of the golden house of is but not the end. On 21 May 2008, James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. A world turning. The Mabo decision What is the Mabo decision? Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. 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. 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. Words. Eddie Mabo (left) and . Hide message. 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. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. This activity encourages children to write down their knowledge in a structured report . To strengthen our democracy as Eddie Mabo strengthened our law. 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. I also acknowledge Meriam PBC Chair Mr Doug Passi. And it was this; hardly any compensation has come our way despite all of the fear mongering over the years about the rivers of compensation that would flow from the realization of our rights under land rights and native title. Some records include terms and views that are not appropriate today. 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. 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. To seek justice we had to speak the words of British law. But the . 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. But that's just 11% of Australia's land mass. 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. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. 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. 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. It contains just 10 articles on what the instrument describes as an, inalienable right, by which every human person and all peoples are entitled to participate in, contribute to and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised.[6]. This is our land. The golden house of is collapses and the world of becoming ascended.". Some went further, fuelling the hysteria with unsubstantiated claims - Jeff Kennett, then the premier of Victoria, said suburban backyards could be at risk of takeover by Aboriginal people. 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. From 1973-1983 he established and became director of the Black Community School in Townsville. A while back I read a business management book by an American, Leon C. Megginson. British law under a British flag. (No. It is sadness beyond the word sadness itself. We did not end. Eddie Mabo was a great hero to the Australian people. He knew about suffering. A lawyer heard the speech and asked . For 50 years this embassy has stood as a reminder that we are still here. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. 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." There was scepticism, even cynicism, but I was able to report the story. Can I be indulgent and add a couple of others. 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 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. The remarkable life story of Eddie 'Koiki' Mabo; a Torres Strait Islander who left school at the age of 15, yet spearheaded the High Court challenge that overthrew the fiction of terra nullius. The Mabo Case Eddie Mabo is widely known for his plight to regain land rights for both Aboriginal and Torres Strait Islander people. While he believed the Murray Island belonged to the Torres Strait Islander people, Australian law stated that the Government owned the land. Meriam history and culture were crucial to the success of the Mabo case. 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. What did Eddie Mabo say in his speech? But that hasn't stopped indigenous people, like Queensland elder Douglas Bon, taking great satisfaction in the ruling. 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 . That's why the legal decision is universally known as "Mabo". 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. 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. At: https://www.humanrights.gov.au/sites/default/files/document/publication/social_justice_native_title_report_2013.pdf (viewed 5 June 2015), [5] T Calma, Native Title Report 2008, Australian Human Rights Commission (2009), p 46. Our News As this brave mans voice even as he had passed was heard by another man who is now gone and together they changed us. As Noel Pearson has recently said in relation to this issue: Were moving from a land rights claim phase to a land rights use phase where people are grappling with how we make our land contribute to our development.[3]. 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. The nation remained diminished. Justice Blackburn ruled Australia was indeed a "settled colony", that this was"desert and uncultivated". At: http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6 (viewed 9 June 2015). That permission was denied. Eddie Mabo was heartbroken and never forgave government authorities. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. - Behind the News Behind the News 133K subscribers Subscribe 483 106K views 3 years ago Mabo Day on June 3rd, celebrates. 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. Court cases in the mid-19th century challenged the idea of British settlement at the time the rulings were in favour of the Crown. I had read about the case as it moved through the lower courts. 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. There was something of destiny in the air. 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. "He became a driven man," says his friend and documentary maker, Trevor Graham. The Mabo decision was a legal case held in 1992. 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. He is hardworking and determined, but at the cost of his family life. 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. 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". 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. Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. I stand here proud to bring a message from my Elders. Words makaratta. He knew about hope and he knew about justice. 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 . Mabo gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. What's the least amount of exercise we can get away with? 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. Born in 1936, he grew up in the village of Las on the north bend of Mer Island. Mabo expressed disbelief and shock. Yindyamarra winanghanha. At http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf (viewed 9 June 2015). 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. 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. Mabo was a Torres Strait islander from Mer (Murray Island), off Australia's north-east coast. 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. [11]Native Title Act 1993 (Cth), preamble. 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. 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". The National Archives holds a diverse array of records relating to the Mabo case. But 20 years after the judgement, there's still a debate among constitutionalists, lawyers and politicians about the legacy of Mabo. This is our land. 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. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. Mabo: Life of an Island Man is a 1997 Australian documentary film on the life of Indigenous Australian land rights campaigner Eddie Koiki Mabo.. It felt in this case that the time had come. In one, the presiding judge said the mere introduction of British law did not extinguish Aboriginal customary 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. 2008 Presentation by The Hon. 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. Australia owes you a great debt. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. Mabo expressed disbelief and shock. Make an Impact. Our people know han. 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. 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. Thank you Russell for your kind words of introduction. Eddie Mabo's heritage and culture were major influencers in his rise to prominence. Reynolds writes: 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. Choose from the list of topics on the left and then choose 'Click to Play'. The former president of Western Australia's Liberal Party, Bill Hassel, said the ruling was greeted with "outrage". 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. The judge's four hundred page report presented Mabo and his barristers with a bombshell which threatened to sink their case. In that book he argued, contrary to theories of Charles Darwin, that it was not the fittest or the strongest nor the smartest that survive but those who can manage change, that is it is the most adaptable who survive. Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . Mabo died five months earlier from cancer in January 1992, at the age of 55. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. He also co-operated with members of the Communist Party, the only white political party to support Aboriginal campaigns at the time. The memory of wounds. At the 1981 James Cook University Land Rights Conference Eddie Mabo made a passionate speech about land ownership and ancestral inheritance in the Murray Islands. In my tribute to Rob, I mentioned how losing that fight for national land rights lit the fires for what was to become the fight for native title led by Eddie, with Rob being part of the leadership that negotiated the Native Title Act through the national parliament to give legislative effect to the High Court decision championed by Eddie. He told them of his dream of ending his days on Murray Island, on the ancestral land that had been handed down through his family for 15 generations. "Koiki was ambitious for himself and for his people." And that is the cost to both men and their families. 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. We know sadness. But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. He petitioned, campaigned, cajoled and questioned Terra Nullius for 18 years. 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.

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