The conference, 'Land Rights and the Future of Australian Race Relations', was sponsored by the Townsville Treaty Committee and the James Cook University's Student Union. 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. Indigenous Education and Research Centre To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. 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. This achievement certainly encourages me. 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. 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. We did not end. 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." 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. Eddie Koiki Mabo (c. 29 June 1936 - 21 January 1992 [1]) was an Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court of Australia which overturned the legal doctrine of terra nullius ("land belonging to nobody") which characterised "If ever a system could be called a government of laws," he said, "it is shown in the evidence before me.". The issue of compensation for unfinished business was another key theme of the Roundtable. Reynolds struck up a friendship with Eddie Mabo, who was then a groundsman and gardener at James Cook University. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. 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. Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. And he was right. Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. Mabo v Queensland (No 1) was heard in 1986and 1988. 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. I like how the words create a rhythm. 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]. 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. 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. Mabo and others: products or agents of progress? He knew about suffering. The Mabo verdict was arguably the most significant court ruling in the history of Indigenous Australia, overturning the concept of terra nullius and paving the way for native title. 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. From 1973-1983 he established and became director of the Black Community School in Townsville. 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. Vincent Lingiari and men and women of the Gurindji people. Until Mabo, we had been a forgotten people, even though we knew that we were in the right.". OM95-26 Mabo Cutting Books 1990-1994 - (2 vols.) It felt in this case that the time had come. (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. Eddie's daughter, Gail Mabo remembers that day well. Court cases in the mid-19th century challenged the idea of British settlement at the time the rulings were in favour of the Crown. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. 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. Aboriginal and Torres Strait Islander peoples are advised that this site may contain names, images or voices of people who have passed away. 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. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. This will always be our land. The "fallacy" that Perkins speaks of is the concept of Terra Nullius, land belonging to no-one. Yindyamarra is respect: It is quiet, it is humble. He spoke of impermanence: He knew things did not last and yet we do. Drama Biopic Inspiring. 2. Financing economic development within the Indigenous estate. This link is the basis of the ownership of the soil, or better, of sovereignty., "This is the torment of our powerlessness.". To seek justice we had to speak the words of British law. We need to work alongside government to equip ourselves with the knowledge and skills to turn the economic and commercial aspirations into reality. Watch all your favourite ABC programs on ABC iview. Even though these rights have been watered down over the years, they have enabled us to reach a point where we now own nearly a third of the entire Australian continent and I am told approximately 54% of places like the Northern Territory. Our people know han. Other cases persisted. Resting Place of Eddie Mabo. 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. Suggested answer: While working as a grounds keeper at James Cook University in Townsville, Eddie learnt about Australian land ownership laws. On 8 December 1988, the High Court ruled this legislation invalid. 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. 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. 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. "It gave us back our pride. Mabo ended up on the mainland working a number of jobs, including labouring on the railways. Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. It is clear that we have seen a change in momentum as far as this space is concerned. 3. Business development support and succession planning. 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. That was Eddie Mabos gift. [7] OHCHR Website, Essays in Commemoration of 25 years of the United Nations Declaration on the Right to Development. 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. 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. 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. I stand here proud to bring a message from my Elders. This often presents internal issues for traditional owner groups about how decisions are made and how benefits will be shared and responsibilities exercised. 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. Words speak across tongues. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. Australian law for two centuries hid the truth behind words. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " 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. Two words showed something was wrong with the system, After centuries of Murdaugh rule in the Deep South, the family's power ends with a life sentence for murder, Flooding in southern Malaysia forces 40,000 people to flee homes, When Daniel picked up a dropped box on a busy road, he had no idea it would lead to the 'best present ever', Plans to redevelop 'eyesore' on prime riverside land fall apart as billionaires exit, Labor's pledge for mega koala park in south-west Sydney welcomed by conservation groups, Tom Sizemore, Saving Private Ryan actor, dies aged 61. 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. 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]. 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. Sign up for free to create engaging, inspiring, and converting videos with Powtoon. We pay our respects to the people, their cultures and Elders past, present and emerging. [10] UN Development Programme, Human Development Index, UN Human Development Report, p237. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. This needs to change. 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. The BBC is not responsible for the content of external sites. 10. 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. 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. Keating begins by discussing the moral and legal implications of the decision. However, in the lead-up to these hearings, the Parliament of Queensland passed the Queensland Coast Islands Declaratory Act 1985, which asserted that, upon being annexed by the Queensland Government in 1879, 'the islands were vested in the Crown freed from all other rights, interests and claims'. 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 . (2013 lecture transcript), 2012 Presentation by Professor Henry Reynolds. 2023 BBC. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. The Roundtable included a diverse range of Aboriginal and Torres Strait Islander people, with nearly 50 people in total from as far and wide as the Torres Straits, the Gulf of Carpentaria, Cape York, Sydney, the Kimberley and Darwin. Gail Mabo and Prime Minister Tony Abbott during their visit to the grave of Eddie Mabo on Mer Island. 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. 2008 Presentation by The Hon. Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. While he believed the Murray Island belonged to the Torres Strait Islander people, Australian law stated that the Government owned the land. Eddie Mabo was a great hero to the Australian people. It is this issue of development that I will explore later in greater detail. Our landsings gently a song of sadness. A lawyer heard the speech and asked Eddie if he would like to challenge the Australian Government in the court system, to decide who the true owner of the land on Mer was, his . 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 . This will always be our land. His mother passed away shortly after his birth and he was adopted by his Uncle Benny and Aunty Maigo Mabo in line with Islander custom. However, the social justice package, which was meant to address compensation for the dispossession of land and the dispersal of the Indigenous population remains unfulfilled.[4]. This our ancestors did, according to the reckoning of our culture, from the Creation, according to the common law from "time immemorial", and according to science more than 60,000 years ago. It was on 3 June 1992 that the Australian High Court overturned more than 200 years of white domination of land ownership. 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. 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. Finally, the remaining key theme of the meeting was the issue of our right as Indigenous peoples to development. Unlike them, however, Mabo wasn't going to accept it. He knew about hope and he knew about justice. One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. Promoting Indigenous peoples right to development. And that is the cost to both men and their families. Some records include terms and views that are not appropriate today. Mabo Day occurs annually in Australia on 3rd June. Birthdays, anniversaries, sports events and special schools days were missed. Mabo - as in Eddie Mabo, who famously fought a winning fight against the legal doctrine of terra nullius to enshrine Aboriginal land rights in law - is referenced on two occasions. A fair go in an age of terror: countering the terrorist threat to human rights and the Australian identity, Public Health, Medical and Veterinary Sciences, Bachelor of Engineering / Science (Honours), Master of Public Health and Tropical Medicine, Bachelor of Nursing Science [Pre-Registration], Bachelor of Medical Laboratory Science (Honours), Bachelor of Occupational Therapy (Honours), Master of Public Health - Global Development, Master of Social Work (Professional Qualifying), Master of Teaching and Learning (Primary), Master of Teaching and Learning (Secondary), Master of Conflict Management & Resolution, Graduate Certificate of Conflict Management & Resolution, Master of International Tourism & Hospitality Management, Bachelor of Business & Environmental Science, Diploma of Higher Education Majoring in Business Studies, Diploma of Higher Education Majoring in Engineering and Applied Science, Diploma of Higher Education Majoring in General Studies, Diploma of Higher Education Majoring in Health, Diploma of Higher Education Majoring in Information Technology, Diploma of Higher Education Majoring in Science, Diploma of Higher Education, Majoring in Society and Culture, Bachelor of Business & Psychological Science, Bachelor of Sport & Exercise Science - Bachelor of Psychological Science, Bachelor of Engineering (Honours) & Information Technology, Get Into University Courses with a Low ATAR. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. They can raise us to anger then soothe us. In-text: (Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision, 2019) Your Bibliography: Time Out Sydney. A world turning.