Australia owes you a great debt. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. This is yet another reason why a development approach is so urgently needed. He knew about hope and he knew about justice. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. He would later describe his time on the island as 'the best time of my life'1. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). Hide message. This achievement certainly encourages me. 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. This often presents internal issues for traditional owner groups about how decisions are made and how benefits will be shared and responsibilities exercised. I also acknowledge Meriam PBC Chair Mr Doug Passi. 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. At: http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a (viewed 9 June 2015). The issue of compensation for unfinished business was another key theme of the Roundtable. On 3 June 1992, the High Court of Australia ruled in favour of limited native title. 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. In the Shire of . Fungibility and native title. And he was right. 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. 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. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 But that's just 11% of Australia's land mass. Eddie Mabo would not live to see his final victory, but in that judgement he became immortal. (2014 lecture transcript), 2013 Presentation by Dr Bryan Keon-Cohen QC. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. 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". He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. 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. The preamble to the Native Title Act makes it clear that the objectives of the legislation are to: rectify the consequences of past injustices by the special measures contained in the Act to ensure that Aboriginal peoples and Torres Strait Islanders receive the full recognition and status within the Australian nation to which history, their prior rights and interests, and their rich and diverse culture, fully entitle them to aspire.[11]. These barriers all prevent us from using our land to enter into the economy from which we can see ourselves and our communities thrive. 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. 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. In some ways our systems of governance is a defining feature of the oldest living culture on this planet. The BBC is not responsible for the content of external sites. Eddie Mabo was a Torres Strait Islander activist. Transcript ID: 3849. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. (2010 lecture transcript). Eddie Koiki Mabo died of cancer on 21 January 1991, before the case was resolved. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. By continuing to use this site, you are giving us consent to do this. 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. Resting Place of Eddie Mabo. Volume 3 (146pp). I was no lawyerbut I knew I sensed this was different. 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. "Koiki was ambitious for himself and for his people." 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. They both endured early hard lives that steeled them for the struggles that would eventually come their way. 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. 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. It felt in this case that the time had come. SPEECH - THURSDAY, 3 JUNE . 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 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. Others, while acknowledging the shortcomings of Mabo's long-term legacy, still regard it as a watershed moment in Australian political, cultural and economic life. In 1974, he became involved in a discussion with two academics. It is short for Mabo and others v Queensland (No 2) (1992). Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . Eddie Koiki Sambo was born on June 29, 1936 on the Torres Strait island of Mer, also known as Murray Island. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. In conversations with Commissioner Wilson and others, we are in the midst of developing what the next step in this process should look like and we will continue to engage with Aboriginal and Torres Strait Islander peoples such as yourselves in order to do this. Born in 1936, he grew up in the village of Las on the north bend of Mer Island. The victory was largely down to one indigenous man called Eddie Mabo. 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. 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 had read about the case as it moved through the lower courts. Eddie Koiki Mabo was a Torres Strait Islander, known for his role in campaigning for Indigenous land rights and for the landmark decision of the High Court of Australia that overturned the legal doctrine of terra nullius ('land belonging to nothing, no one') which characterised Australian law with regards to land and title. [1] Cast [ edit] Jimi Bani as Eddie Mabo Gedor Zaro as Young Eddie Deborah Mailman as Bonita Mabo (ne Neehow) It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. Mabo's love for his homeland drove the proud Torres Strait Islander to undertake a 10- year legal battle that rewrote Australia's history. Words speak across tongues. Mabo, Edward Koiki (Eddie) (1936-1992) . On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? We invite you to walk with us in a movement of the Australian people for a better future.. Mabo: Life of an Island Man is a 1997 Australian documentary film on the life of Indigenous Australian land rights campaigner Eddie Koiki Mabo.. 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. "The rights he won in the High Court have been eroded away by government, courts and socio-economic pressure.". 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." Later in 1992, Mabo was posthumously awarded the Australian Human Rights Medal. Mabo made a speech to the audience where he explained the indigenous customary land inheritance system on Murray Island. 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. They claimed that Murray Island (Mer) and surrounding islands and reefs had been continuously inhabited and exclusively possessed by the Meriam people . That nearly a third of our land mass is Indigenous owned is testament to this. He was right. . Read about our approach to external linking. 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. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More The Keating government gave effect to the Mabo decision by introducing the Native Title Act 1993, which facilitated the process of recognising native title. . [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. Our landsings gently a song of sadness. Overwhelmingly, Aboriginal and Torres Strait Islander people have indicated that it is time for a new process of engagement to occur with the government on the topic of our rights after native title. It is this issue of development that I will explore later in greater detail. The new Prime Minister, Anthony Albanese, says there will be a referendum to enshrine a voice an Indigenous representative body in the Australian constitution. Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . 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. Family gatherings were foregone. 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 . I also acknowledge the Minister for Indigenous Affairs, Nigel Scullion who is here today and my colleague Tim Wilson, our Australian Human Rights Commissioner. 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. 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. 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 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. 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. He is hardworking and determined, but at the cost of his family life. Thank you Russell for your kind words of introduction. Choose from the list of topics on the left and then choose 'Click to Play'. A case was made, and took 10 years to reach a decision. You can find it still, somewhere buried in the archives of ABC News. Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . The truth: This was his land. A lawyer heard the speech and asked . 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. He knew about suffering. Watch all your favourite ABC programs on ABC iview. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. A world turning. These things range from various legal and administrative barriers that are placed on us once a native title determination has been made and includes various tax and regulatory standards placed on Aboriginal and Torres Strait Islander communities in the post determination phase, conflicts between individual and communal property interests and issues arising from the conversion of title. The fall of the golden house of is but not the end. To seek justice we had to speak the words of British law. "If ever a system could be called a government of laws," he said, "it is shown in the evidence before me.". In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. How might this case shatter the myth of terra nullius? We leave base camp and start our trek across this vast country. Eddie Koiki Mabo presents a guest lecture about the Torres Strait Islander community 2,837 views Nov 18, 2020 51 Dislike Share Save JCU Library 451 subscribers This short video is an excerpt. But the . The man who had engineered the historic change of law, never lived to witness it himself. 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. Words makaratta. 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. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. 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. Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. We cross rivers and we are changed like the water itself. 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. They reflect the period in which they were created and are not the views of the National Archives. 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. That's why the legal decision is universally known as "Mabo". 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. His mother died during childbirth and he was raised by his mother's brother, Benny Mabo . It is clear that we have seen a change in momentum as far as this space is concerned. 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". Birthdays, anniversaries, sports events and special schools days were missed. But he was wrong. I want to give two words from my people, Wiradjuri. "If Koiki Mabo were alive today he would be an angry man," says Malezer. 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 court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " He's recorded as saying: "No way, it's not theirs, it's ours." Eddie's daughter, Gail Mabo remembers that day well. It is sadness beyond the word sadness itself. These organisations could assist in under-writing costs, insurance and risk as well as helping explore options for Indigenous specific loan products. That was Eddie Mabos gift. [9] UN Development Programme, Human Development Index, UN Human Development Report. 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. While he believed the Murray Island belonged to the Torres Strait Islander people, Australian law stated that the Government owned the land. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. And these were the costs borne by the whole family. Aboriginal and Torres Strait Islander Social Justice, Copyright Australian Human Rights Commission, http://www.austlii.edu.au/au/journals/JlIndigP/2014/33.pdf, http://www.theaustralian.com.au/news/features/property-rights-will-help-economic-development-of-indigenous-australians/story-e6frg6z6-1227365821530, https://www.humanrights.gov.au/sites/default/files/document/publication/social_justice_native_title_report_2013.pdf, http://www.humanrights.gov.au/publications/native-title-report-2008, http://www.ohchr.org/EN/Issues/Development/Pages/RealizingaVisionforTransformativeDevelopment.aspx, http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6, http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a, http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf. 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. 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