And he knew truth. That word is emblazoned still at the Aboriginal Tent Embassy on the lawns of the Old Parliament House in Canberra. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. Mabo 20 years on: did it change the nation? 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. . 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. He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. (2013 lecture transcript), 2012 Presentation by Professor Henry Reynolds. A world turning. 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. Realising these aspirations, is key to our economic development and prosperity as Aboriginal and Torres Strait Islander peoples where our land is our ultimate asset. So, in many ways, the victory has been more symbolic than practical. Governance has always been at the core of our Aboriginal and Torres Strait Islander cultures and our community life. Mabo and his fellow plaintiff's fought for land on Mer - their ancestral gardens and home. 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. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. Can Nigeria's election result be overturned? Finally, the remaining key theme of the meeting was the issue of our right as Indigenous peoples to development. 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. Text 1936 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. This needs to change. 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. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. 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. 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. 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". We will adapt, we will take advantage of these opportunities and we will leave a great legacy. 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. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 The victory was largely down to one indigenous man called Eddie Mabo. 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]. They reflect the period in which they were created and are not the views of the National Archives. The courts had previously found that the Nguraritja had non-exclusive native title over certain parcels of land, but not over those where native title had already been extinguished. Judged by any civilised standard, such a law is unjust ". One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. The Court also recognised that all Indigenous people in Australia have rights to their land. Sign up for free to create engaging, inspiring, and converting videos with Powtoon. A human rights based approach has been a key part of advocacy of all Social Justice Commissioners. 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. 5. For the love of his family and tradition, he fights for his land on Murray Island. Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? 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 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. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. Today in the midst of winter there is still smoke from a campfire, framing a word spelled out on the lawn: Sovereignty. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. In the Shire of . Eddie Mabo was a Torres Strait Islander activist. 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. 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. Volume 1 (227pp), Volume 2 (58pp). At 31, this affrontery became his epiphany. I also acknowledge the Minister for Indigenous Affairs, Nigel Scullion who is here today and my colleague Tim Wilson, our Australian Human Rights Commissioner. There was scepticism, even cynicism, but I was able to report the story. To sign treaties. Mabo was a Torres Strait islander from Mer (Murray Island), off Australia's north-east coast. 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. Gail Mabo and Prime Minister Tony Abbott during their visit to the grave of Eddie Mabo on Mer Island. "Koiki was ambitious for himself and for his people.". 2008 Presentation by The Hon. Eddie Mabo and Gerard Brennan overturned the terra nullius policy and changed Australia forever. The man who had engineered the historic change of law, never lived to witness it himself. 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. 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. 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. 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]. Elders saythe wateris now a battleground. I also acknowledge Meriam PBC Chair Mr Doug Passi. British law was the law of the colony and usurped and superseded Aboriginal 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. In 2008, a library at James Cook University was named after him. Born on 29 June 1936 in his village of Las on the island of Mer in the Torres Strait, Eddie Koiki Mabo was the fourth child of Robert Zesou Sambo and Poipe (Sambo) Mabo. Love, suffering, hope, justice and truth Eddie Mabo knew about love too. The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. I walked into the news meeting at the ABC with words. 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. Milosz wrote into the horror of the 20th century as he saw war all around him. Together yindyamarra winanghanha means to live with respect in a world worth living in. [1] And that shift is the move to the next emerging challenge; how do we maximise these rights to their full potential, now that we have our native title recognized? You Murray Islanders have won that court case. Mabo expressed. His mother died during childbirth and he was raised by his mother's brother, Benny Mabo . This Declaration on the Right to Development was adopted by the General Assembly in 1986. As this brave mans voice even as he had passed was heard by another man who is now gone and together they changed us. 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. This will always be our 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. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. He was right. 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. - Behind the News Behind the News 133K subscribers Subscribe 483 106K views 3 years ago Mabo Day on June 3rd, celebrates. 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. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. We did not end. This link is the basis of the ownership of the soil, or better, of sovereignty., "This is the torment of our powerlessness.". 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. 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]. 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. 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. We leave base camp and start our trek across this vast country. I stand here proud to bring a message from my Elders. 23 Nov 1990 - 21 Oct 1994 Library at the University College of Townsville, Queensland. Typical of such awards, the citations are generally understated and this is particularly so in your case. 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. We know sadness. 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. 2. Financing economic development within the Indigenous estate. Reynolds writes: 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. 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's the anniversary of a court decision that recognized for . The Mabo Case Eddie Mabo is widely known for his plight to regain land rights for both Aboriginal and Torres Strait Islander people. 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. Words like han. Transcript. 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." eddie began his Journey on changing the rights by Making a speech at a land rights conference at the James Cook University his speech explained the traditional land owners and the inheritance system that . The "fallacy" that Perkins speaks of is the concept of Terra Nullius, land belonging to no-one. At http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf (viewed 9 June 2015). He knew about hope and he knew about justice. It felt in this case that the time had come. We cannot cross the same stream twice. Other cases persisted. "I think that like many others, I was trying to deal with something that was new, that was undefined," Kennett told The Age newspaper. 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. 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. 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. 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. To strengthen our democracy as Eddie Mabo strengthened our law. This is yet another reason why a development approach is so urgently needed. A case was made, and took 10 years to reach a decision. I was no lawyerbut I knew I sensed this was different. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. These barriers all prevent us from using our land to enter into the economy from which we can see ourselves and our communities thrive. What did Eddie Mabo say in his speech? Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . It was through his association with JCU humanities and education staff, Professor Henry Reynolds and Associate Professor Noel Loos, that Eddie became interested in who owned the land on which his people lived, and in Native Title. 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. These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. A lawyer heard the speech and asked . Yindyamarra is respect: It is quiet, it is humble. This achievement certainly encourages me. 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. Australian law for two centuries hid the truth behind words. 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? For 50 years this embassy has stood as a reminder that we are still here. Can I also acknowledge all you here today who have come together to work out how we can access our land, seas and waters easier and quicker, but who have also come to talk to each other about how we can make better use of our estates to make life a little better for the rest of our mob out there. We invite you to walk with us in a movement of the Australian people for a better future.. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. Birthdays, anniversaries, sports events and special schools days were missed. 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. And he was right. 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. These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. That is, how do we build on the underlying communal title to create options for our economic development? More Information .We are closed in a box. Make an Impact. Meriam history and culture were crucial to the success of the Mabo case. 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. The fall of the golden house of is but not the end. 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. Edward Koiki Mabo was born on 29 June 1936. 10. (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. The decision. (No. When voices within democracies silenced and marginalised are demanding to be heard, we are bringing oursand challenging our democracy to examine itself and for our constitution to be seeded in the first footprints, not just the first settlers. But it was a bittersweet moment for the indigenous population. Born in 1936, he grew up in the village of Las on the north bend of Mer Island. To build a world worth living in. So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. : he world to possession and I emfphasise Opossessions And in 1981, Eddie was invited by the same university to make a speech about Mer's land inheritance system. Can I be indulgent and add a couple of others. (2014 lecture transcript), 2013 Presentation by Dr Bryan Keon-Cohen QC. 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. . First, they ask me to pass on their greetings and their thanks for allowing me on your lands. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. 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. 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. Transcript ID: 3849. 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. To seek justice we had to speak the words of British law. Please join with me in acknowledging the life long accomplishments of Russell Taylor. Justice Blackburn ruled Australia was indeed a "settled colony", that this was"desert and uncultivated". Friendship with Eddie Mabo. Words makaratta. Love, kindness, forgiveness; always love. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. 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 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. Some records include terms and views that are not appropriate today. Why Alex Murdaugh was spared the death penalty, Why Trudeau is facing calls for a public inquiry, The shocking legacy of the Dutch 'Hunger Winter', Why half of India's urban women stay at home. 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 . Aboriginal and Torres Strait Islander viewers are advised that this resource and resource page may contain the image, name or voice of deceased persons. The memory of wounds. 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. 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. We acknowledge Aboriginal People and Torres Strait Islander People as the first inhabitants of the nation, and acknowledge Traditional Custodians of the Australian lands where our staff and students live, learn and work. 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. 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. 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. "The golden house of is collapses. 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. Eddie Koiki Sambo was born on June 29, 1936 on the Torres Strait island of Mer, also known as Murray Island. It is clear that we have seen a change in momentum as far as this space is concerned. Australia owes you a great debt. 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. Mabo expressed disbelief and shock. Volume 3 (146pp). That is the view most widely endorsed by history. The Mabo decision was named after Eddie Mabo, the They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. In August 1981 Mabo attended a conference on land rights at James Cook University. 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. The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " Watch. 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. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. Our people know han. Choose from the list of topics on the left and then choose 'Click to Play'. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. But the . 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. [12] Native Title Act 1993 (Cth), preamble. Topics are usually less than 2 minutes long. On 21 May 2008, James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. In the context of Aboriginal and Torres Strait Islander peoples, Governments have committed themselves to the economic development of our communities. The case presented by Eddie Mabo and the people of Mer successfully proved that Meriam custom and laws are fundamental to their traditional system of ownership and underpin their traditional rights and obligations in relation to land. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. Importantly, development is also a process through which other human rights can be realized and our wellbeing alongside all other populations is maximised. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. "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.
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