2023 BBC. 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. Mabo expressed. For the love of his family and tradition, he fights for his land on Murray Island. Our people know han. 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. Eddie Mabo was a great hero to the Australian people. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. 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 . 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. There were three key components to this: As you will know, the first two of these three components have been implemented, with varying degrees of success and impact on our communities over the years. It is sadness beyond the word sadness 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. The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " 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. These barriers all prevent us from using our land to enter into the economy from which we can see ourselves and our communities thrive. The "fallacy" that Perkins speaks of is the concept of Terra Nullius, land belonging to no-one. 3. Business development support and succession planning. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. He would later describe his time on the island as 'the best time of my life'1. 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. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. There will be many words between now and then. Winanghanha is to return to knowing: to know what we have always known. Ten years later, he conceded his fears were unfounded. He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. De Rose Hill is a landmark case because it represents a significant moment in time in the native title space. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. Reynolds struck up a friendship with Eddie Mabo, who was then a groundsman and gardener at James Cook University. What did Eddie Mabo say in his speech? 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]. It is a feeling. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. 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 . There was something of destiny in the air. The National Archives holds a diverse array of records relating to the Mabo case. 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. 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]. 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]. In-text: (Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision, 2019) Your Bibliography: Time Out Sydney. He was right. OM95-26 Mabo Cutting Books 1990-1994 - (2 vols.) 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. 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. This is our land. Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. We are currently not sharing in the developmental prosperity for which Australia is known. 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. But he was wrong. More Information .We are closed in a box. (2014 lecture transcript), 2013 Presentation by Dr Bryan Keon-Cohen QC. The High Court is the highest court in Australia's judicial system. 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. So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. This independence could be realized through greater roles for Indigenous landholders through business, land management and other opportunities. Unfortunately, the right to development is not a concept often thought about in relation to Aboriginal and Torres Strait Islander peoples as members of a developed country. 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. They claimed that Murray Island (Mer) and surrounding islands and reefs had been continuously inhabited and exclusively possessed by the Meriam people . 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. Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . 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. 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. Eddie Koiki Mabo was an advocate of the 1967 Referendum, fighting for equal rights including education. Read about our approach to external linking. 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. 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 Mabo decision What is the Mabo decision? 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. 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. It clearly did not, for instance, lead to vast numbers of white Australians being forced from their homes, businesses, mines or farms. Words speak across tongues. Make an Impact. He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. However the Federal Court found that the South Australian government were liable for an undisclosed amount to the Nguraritja people for parcels of land over which, but for the prior extinguishing acts of government, they would have held native title. 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. [10] UN Development Programme, Human Development Index, UN Human Development Report, p237. He spoke of impermanence: He knew things did not last and yet we do. Choose from the list of topics on the left and then choose 'Click to Play'. A human rights based approach has been a key part of advocacy of all Social Justice Commissioners. 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. Keating begins by discussing the moral and legal implications of the decision. To strengthen our democracy as Eddie Mabo strengthened our law. 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. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for .