the belief that Australia and its islands belonged to no-one when claimed by the British in 1770) in a landmark court . The theme of this years conference is Leadership, Legacy and Opportunity. 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. I also acknowledge the Minister for Indigenous Affairs, Nigel Scullion who is here today and my colleague Tim Wilson, our Australian Human Rights Commissioner. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. The new Prime Minister, Anthony Albanese, says there will be a referendum to enshrine a voice an Indigenous representative body in the Australian constitution. Our people know han. 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]. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. 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. My people are the Gangulu from the Dawson Valley in Central Queensland. Promoting Indigenous peoples right to development. 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. 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. 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 . 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]. Mabo, Edward Koiki (Eddie) (1936-1992) . Another key challenge that came out of the roundtable was the need to improve the capacity of our mobs to have the necessary advocacy; governance and risk management skills to successful engage in business and manage our estates in order to secure the best possible outcomes for our communities. 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. 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. 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? 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. [7] OHCHR Website, Essays in Commemoration of 25 years of the United Nations Declaration on the Right to Development. 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. Family gatherings were foregone. . Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? It commemoratesEdward (Eddie) Koiki Mabo (1936-1992), a Torres Strait Islander whose campaign for Australian Aboriginal and Torres Strait Islander land rights led to a landmark decision in the High Court of Australia on 3rd June 1992 that overturned the legal fiction of terra nullius, which had characterised Australian law with respect to land and title since the voyage of Captain James Cook in 1770. That nearly a third of our land mass is Indigenous owned is testament to this. "The rights he won in the High Court have been eroded away by government, courts and socio-economic pressure.". 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. 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. In 1979 Wiradjuri man and law student Paul Coewalked the path that Eddie Mabo would follow all the way to the High Court of Australia. This dispossession occurred largely without compensation, and successive governments have failed to reach a lasting and equitable agreement with Aboriginal peoples and Torres Strait Islanders concerning the use of their lands.[12]. Mabo made a speech to the audience where he explained the indigenous customary land inheritance system on Murray Island. Alex Murdaugh jailed for life for double murder, Why the disgraced lawyer was spared death penalty, Saving Private Ryan actor Tom Sizemore dies at 61, The children left behind in Cuba's mass exodus, Xi Jinping's power grab - and why it matters, Snow, Fire and Lights: Photos of the Week. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. 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. The Court also recognised that all Indigenous people in Australia have rights to their land. Our News (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. 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. Watch all your favourite ABC programs on ABC iview. "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. In a snapshot. Can I be indulgent and add a couple of others. 2004 Presentation by Fr Frank Brennan SJ AO. Thank you Russell for your kind words of introduction. It is sadness beyond the word sadness itself. But that hasn't stopped indigenous people, like Queensland elder Douglas Bon, taking great satisfaction in the ruling. Eddie Mabo was a Torres Strait Islander activist. In 1981, Eddie Mabo made a speech at James Cook University in Queensland, where he explained his people's beliefs about the ownership and inheritance of land on Mer. Eddie Mabo was a great hero to the Australian people. This is our land. 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 knew about love too. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. We did not end. Friendship with Eddie Mabo. 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 We pay our respects to the people, their cultures and Elders past, present and emerging. In some ways our systems of governance is a defining feature of the oldest living culture on this planet. Those cases resulted in the acknowledgment that Australian Aboriginal and Torres Strait Islander peoples had the right to claim the land they and their ancestors had lived on for thousands of years. We cross rivers and we are changed like the water itself. 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 man who had engineered the historic change of law, never lived to witness it himself. The Mabo decision was a legal case held in 1992. The fall of the golden house of is but not the end. 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. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. We cannot cross the same stream twice. In the Shire of . This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. Document: 00003849.pdf 1 Page(s) Speech at the Gurindji Land Ceremony. [1] Cast [ edit] Jimi Bani as Eddie Mabo Gedor Zaro as Young Eddie Deborah Mailman as Bonita Mabo (ne Neehow) Court cases in the mid-19th century challenged the idea of British settlement at the time the rulings were in favour of the Crown. Mr Mabo died in 1992 just months before his 10-year legal battle for native title rights proved successful. 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 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. Six weeks later his father died. That is, after 20 years of operation, we finally saw the first time compensation had been awarded for the extinguishment of native title rights and interests under the Native Title Act. 5. So, in many ways, the victory has been more symbolic than practical. Until Mabo, we had been a forgotten people, even though we knew that we were in the right.". Other cases persisted. Of invasion. Legacy of Eddie Mabo. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. Eddie Mabo (left) and . By continuing to use this site, you are giving us consent to do this. 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. 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. We leave base camp and start our trek across this vast country. 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. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. 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. 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. And he knew truth. To strengthen our democracy as Eddie Mabo strengthened our law. Rejected at each turn. He knew about hope and he knew about justice. "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. Truth. Mabo was a Torres Strait islander from Mer (Murray Island), off Australia's north-east coast. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. Mabo v Queensland (No 1) was heard in 1986and 1988. The golden house of is collapses and the world of becoming ascended.". While he believed the Murray Island belonged to the Torres Strait Islander people, Australian law stated that the Government owned the land. It goes on to mention the yet unfulfilled nature of redress through a social justice package that I alluded to earlier: Aboriginal and Torres Strait Islander peoples have been progressively dispossessed of their lands. The Mabo decision was named after Eddie Mabo, the He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. Drama Biopic Inspiring. Concocted by the early settlers, it was used, systematically, cynically and effectively to deprive the indigenous people of their own land. 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. HOST: Today is Mabo Day. One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court 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. Words speak across tongues. The memory of wounds. In one, the presiding judge said the mere introduction of British law did not extinguish Aboriginal customary law. 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. 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. In 1981, Eddie Mabo made a speech at James Cook University in Queensland, where he explained his people's beliefs about the ownership and inheritance of land on Mer. I was there as a young associate working for a judge, and saw the jubilation and relief of . Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . SPEECH - THURSDAY, 3 JUNE . But alongside . 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. Sign up for free to create engaging, inspiring, and converting videos with Powtoon. Participants identified that we need to start considering the role of the financial services industry, as well as agencies such as Indigenous Business Australia and the Indigenous Land Corporation in the context of our economic development. 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. That is, how do we build on the underlying communal title to create options for our economic development? Unlike them, however, Mabo wasn't going to accept it. 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. the Aborigines did not give up their lands peacefully; they were killed or removed forcibly from the lands by United Kingdom forces or the European colonists in what amounted to attempted (and in Tasmania almost complete) genocide.". 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. 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. We go on, he said, ever, ever, ever on. A human rights based approach has been a key part of advocacy of all Social Justice Commissioners. This achievement certainly encourages me. "Koiki was ambitious for himself and for his people.". This Declaration on the Right to Development was adopted by the General Assembly in 1986. Mabo expressed disbelief and shock. . It is a feeling. 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. 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. He was, if you like, an Australian Nelson Mandela, someone who led his people in a struggle against incalculable odds, to what was rightfully theirs. Across language itself. Yet, the first colonialists decided, for commercial reasons, to ignore all that and peddle the view that Aboriginal people were primitive, disorganised, culture-less creatures who deserved no rights over land. 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]. Mabo rejected the more militant direct action tactics of the land rights movement, seeing the most important goal as being to destroy the legal justification for what he regarded as land theft. He immediately saw the injustice of it and from then on dedicated his life to reversing it. . 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. 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.