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. Read about our approach to external linking. Eddie Mabo | Australian activist | Britannica 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. "He became a driven man," says his friend and documentary maker, Trevor Graham. The National Archives holds a diverse array of records relating to the Mabo case. 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. 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. Across language itself. To seek justice we had to speak the words of British law. The theme of this years conference is Leadership, Legacy and Opportunity. Mabo's credibility as the primary witness for the case was savaged . "If ever a system could be called a government of laws," he said, "it is shown in the evidence before me.". More Information .We are closed in a box. 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. 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. They both endured early hard lives that steeled them for the struggles that would eventually come their way. 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." Mabo v Queensland (No 1) was heard in 1986and 1988. 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. Papers of Edward Koiki Mabo 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. PDF 3 June: a significant date - Reconciliation Australia He knew about suffering. 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 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. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. Importantly, development is also a process through which other human rights can be realized and our wellbeing alongside all other populations is maximised. 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. British law was the law of the colony and usurped and superseded Aboriginal law. We pay our respects to the people, their cultures and Elders past, present and emerging. And he was right. There was scepticism, even cynicism, but I was able to report the story. Mabo/The Man/Land Rights Conference Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. 5. The justices spoke of a legacy of "unutterable shame"and that the dispossession of Indigenous people was the darkest aspect of Australia's history. 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. And in 1981, Eddie was invited by the same university to make a speech about Mer's land inheritance system. Other forms of recognition have been added. 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. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. 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.". Read about our approach to external linking. Meriam history and culture were crucial to the success of the Mabo case. A world turning. Mabo/Eddie Mabo's address to Land Rights Conference, 1981 Commemorating Mabo Day - Reconciliation Australia 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. That word is emblazoned still at the Aboriginal Tent Embassy on the lawns of the Old Parliament House in Canberra. Transcript 9037 | PM Transcripts We need to work alongside government to equip ourselves with the knowledge and skills to turn the economic and commercial aspirations into reality. (No. The Mabo decision was a legal case held in 1992. When democracy is teetering and autocracy is rising. 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. To sign treaties. [11]Native Title Act 1993 (Cth), preamble. 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". In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. [7] OHCHR Website, Essays in Commemoration of 25 years of the United Nations Declaration on the Right to Development. HOST: Today is Mabo Day. Milosz wrote into the horror of the 20th century as he saw war all around him. A while back I read a business management book by an American, Leon C. Megginson. Mabo gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. 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. (2011 lecture transcript), 2010 Presentation by Professor Chris Sarra. 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. - Behind the News Behind the News 133K subscribers Subscribe 483 106K views 3 years ago Mabo Day on June 3rd, celebrates. 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. In 1992 the High Court handed down its historic ruling. So, in many ways, the victory has been more symbolic than practical. So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. As a nation, this is an improvement from fourth position just over ten years ago in 2003.[10]. Searching for 'Mabo' in RecordSearch brings up many results, including the files below. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 That nearly a third of our land mass is Indigenous owned is testament to 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. In fact, the court went to considerable lengths to establish that the impact of its judgment will be minimal on non-Aboriginal Australians. Mabo footage released for the first time - Jun 2020 - JCU Australia Words. 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. 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. He immediately saw the injustice of it and from then on dedicated his life to reversing it. Sign up for free to create engaging, inspiring, and converting videos with Powtoon. We all know about the legacy of native title left by Meriam and Murray Islanders Edward Koiki Mabo, David Passi and James Rice. He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . Indigenous Speeches: Exploration of the Mabo Case, Stolen | Bartleby 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. Eddie Koiki Mabo Lecture Series. These often hamper the development and economic aspirations of the communities involved right from the start. Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. (2012) This program was published 2 years ago. 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 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]. He knew about hope and he knew about justice. In the context of Aboriginal and Torres Strait Islander peoples, Governments have committed themselves to the economic development of our communities. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. 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. He also co-operated with members of the Communist Party, the only white political party to support Aboriginal campaigns at the time. But alongside . Topics are usually less than 2 minutes long. The Castle: Cheat Sheet | Movie News | SBS Movies It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. AAP. 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. Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision . Watch all your favourite ABC programs on ABC iview. Eddie Koiki Mabo was an advocate of the 1967 Referendum, fighting for equal rights including education. Gail Mabo and Prime Minister Tony Abbott during their visit to the grave of Eddie Mabo on Mer Island. The earliest papers on the Murray Island land claim are a manuscript and typescript of a speech by Mabo at the Land Rights and Future of Australian Race Relations Conference at James Cook University in 1981. 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 was a great hero to the Australian people. 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. "The rights he won in the High Court have been eroded away by government, courts and socio-economic pressure.". In August 1981 Mabo attended a conference on land rights at James Cook University. More information. Eddie Mabo, the man behind Mabo Day | Indigenous.gov.au 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. Words like han. He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. 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. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. 2004 Presentation by Fr Frank Brennan SJ AO. There will be many words between now and then. Today in the midst of winter there is still smoke from a campfire, framing a word spelled out on the lawn: Sovereignty. Finally, the remaining key theme of the meeting was the issue of our right as Indigenous peoples to development. 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. This needs to change. 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. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. On 8 December 1988, the High Court ruled this legislation invalid. Eddie Mabo, the man who changed Australia - BBC News We invite you to walk with us in a movement of the Australian people for a better future.. What did Eddie Mabo say in his speech? We cannot cross the same stream twice. Mabo decision | Australia's Defining Moments Digital Classroom We cross rivers and we are changed like the water itself. 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 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. 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. The tools to guide us with a new conversation with Government around the full realization of our rights in relation to land and native title can be found in the UN Declarations on the Rights of Indigenous Peoples and the Right to Development. On 3 June 1992, the High Court of Australia ruled in favour of limited native title. 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". Then, in June 1992, the years of sacrifice and persuasion came to fruition. At http://www.humanrights.gov.au/publications/native-title-report-2008 (viewed 5 June 2015). 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. 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. [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. 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 case, I said thisman Mabo will change Australia. 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. Uncle Edward 'Koiki' Mabo was born in 1936, in Las on the island of Mer (Murray Island) in the Torres Strait to 'Robert' Zesou Sambo and 'Annie' Poipe, ne Mabo. Mabo's love for his homeland drove the proud Torres Strait Islander to undertake a 10- year legal battle that rewrote Australia's history. Justice John Willis said: "In Australia it is the colonists not the Aborigines are the foreigners.". Winanghanha is to return to knowing: to know what we have always known. "For two centuries, the British and then white Australians operated under a fallacy, that somehow Aboriginal people did not exist or have land rights before the first settlers arrived in 1788.". 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. It is sadness beyond the word sadness itself. 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. The new Prime Minister, Anthony Albanese, says there will be a referendum to enshrine a voice an Indigenous representative body in the Australian constitution. One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. 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. A case was made, and took 10 years to reach a decision. And these were the costs borne by the whole family. Nor did the judges intend that it should. 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. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. Mabo: Life of an Island Man is a 1997 Australian documentary film on the life of Indigenous Australian land rights campaigner Eddie Koiki Mabo.. [9] UN Development Programme, Human Development Index, UN Human Development Report. But it was a bittersweet moment for the indigenous population. We did not end. I stand here proud to bring a message from my Elders. 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 . 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. How might this case shatter the myth of terra nullius? Eddie Mabo had challenged the very ideological establishment of Australia and the first Australians. Until Mabo, we had been a forgotten people, even though we knew that we were in the right.". In 1974, he became involved in a discussion with two academics. The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " 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. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. Overwhelmingly, what participants told us at the Roundtable was that whilst there had been an expansion of the Indigenous estate since the commencement of the Native Title Act that it largely has not delivered sustainable outcomes for Aboriginal and Torres Strait Islander peoples. Well, Australia now stands at a moment of history. What Exactly Is 'Mabo Day' And Why Is June 3 Such An - ELLE Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. For the love of his family and tradition, he fights for his land on Murray Island. The commitment to a land fund; and importantly, participation in decision-making underpinned by the concept of free, prior and informed consent and good faith. Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . It is lament. Family gatherings were foregone. 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. 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 Truth. Mabo: Life of an Island Man - Wikipedia He would later describe his time on the island as 'the best time of my life'1. The remarkable life story of Eddie 'Koiki' Mabo; a Torres Strait Islander who left school at the age of 15, yet spearheaded the High Court challenge that overthrew the fiction of terra nullius. Leeanne Enoch MP, Minister for Housing and Public Works and Minister for Science and Innovation. These skills will enable us to make better and informed decisions for maximum benefit and I look forward, as I am sure you do, to the release of IBAs investment principles, which they are currently developing in partnership with Aboriginal and Torres Strait Islander peoples and organisations across the country. Henry Reynolds (historian) - Wikipedia Keating begins by discussing the moral and legal implications of the decision. Mabo: Always was, always will be First Nations land 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. Mabo was a Torres Strait islander from Mer (Murray Island), off Australia's north-east coast. They then said to tell you they are aware of your continued fight for your culture and your country and salute you for your ongoing struggle. To build a world worth living in. The nation remained diminished. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. 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. and in 2008 James Cook University named its Townsville campus library the Eddie Koiki Mabo Library. [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. Mabo (film) - Wikipedia 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. Some records include terms and views that are not appropriate today. 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. Born in 1936, he grew up in the village of Las on the north bend of Mer Island. Eddie's daughter, Gail Mabo remembers that day well. 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. Mabo/The Man/Justice Moynihan's Findings But the . Make an Impact. 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. Mabo and his fellow plaintiff's fought for land on Mer - their ancestral gardens and home. 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