The victory was largely down to one indigenous man called Eddie Mabo. (2014 lecture transcript), 2013 Presentation by Dr Bryan Keon-Cohen QC. 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. On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . . 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". Transcript ID: 3849. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. 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 - 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. [7] OHCHR Website, Essays in Commemoration of 25 years of the United Nations Declaration on the Right to Development. 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]. Read about our approach to external linking. But alongside . 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. British law under a British flag. This is our land. 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. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). 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. A human rights based approach has been a key part of advocacy of all Social Justice Commissioners. Ten years before, Eddie Koiki Mabo and his comrades started the legal battle for the recognition of the Meriam people and the ownership of Mer Island. "He became a driven man," says his friend and documentary maker, Trevor Graham. We pay our respects to the people, their cultures and Elders past, present and emerging. 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 . 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. "If Koiki Mabo were alive today he would be an angry man," says Malezer. Mabo vs Queensland possible Commonwealth interventions, 1991 (A14039, 7909), The Mabo Decision principles for a response, 1993 (A14217, 1042), Mabo responses to the outline of legislation, 1993 (A14217, 1322), Mabo collection at the National Library of Australia, Building trust in the public record policy, Getting started with information management. Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . 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Suggested answer: While working as a grounds keeper at James Cook University in Townsville, Eddie learnt about Australian land ownership laws. This is yet another reason why a development approach is so urgently needed. "The High Court, which is not elected by anybody, not accountable to anybody, had presumed to move into the legislative area to make a whole new law," he said. We go on, he said, ever, ever, ever on. Drama Biopic Inspiring. On 3 June 1992, the High Court of Australia ruled in favour of limited native title. And that is the cost to both men and their families. In the context of Aboriginal and Torres Strait Islander peoples, Governments have committed themselves to the economic development of our communities. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. Words makaratta. Mabo: Life of an Island Man is a 1997 Australian documentary film on the life of Indigenous Australian land rights campaigner Eddie Koiki Mabo.. 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. We invite you to walk with us in a movement of the Australian people for a better future.. Help your class to explore the life of Eddie Mabo with this engaging and educational biography-writing task. Eddie Mabo knew about love too. Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . Love, suffering, hope, justice and truth Eddie Mabo knew about love too. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . Tenacity, fearlessness, fearsome, tireless are some of the words that come to mind when the names Rob Riley and Eddie Mabo are mentioned. It is short for Mabo and others v Queensland (No 2) (1992). Topics are usually less than 2 minutes long. He immediately saw the injustice of it and from then on dedicated his life to reversing it. More information. Indigenous Education and Research Centre Milosz wrote into the horror of the 20th century as he saw war all around him. 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. So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. It is sadness beyond the word sadness itself. In August 1981 Mabo attended a conference on land rights at James Cook University. That was Eddie Mabos gift. 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. 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 . On November 16, 1990, after a year of considering the facts of the case, Justice Moynihan delivered his written findings to the High Court of Australia. The Mabo decision What is the Mabo decision? 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. This issue of transfer, usability and conversion of title threw up many challenges around how to retain underlying customary title but make it usable in the modern sense. 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. These are the traditional lands and waters of the Meriam people, and the final resting place of Eddie Mabo in Las Village. It was during a stint as a gardener at the James Cook University at Townsville in Queensland, that his eyes were opened to the greatest injustice his people had ever been subjected to. Aboriginal and Torres Strait Islander peoples are advised that this site may contain names, images or voices of people who have passed away. He was right. 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. Eddie Koiki Mabo at Las, Murray Island, 1989 On 3 June 1992 the High Court of Australia recognised that a group of Torres Strait Islanders, led by Eddie Mabo, held ownership of Mer (Murray Island). Fungibility and native title. Some key principles underpinning this right are: This Declaration centralizes the role of both the individual and government in the development process, arguing for the State to create national policies to properly ensure the development of all individuals. By continuing to use this site, you are giving us consent to do this. Eddie Koiki Mabo was an advocate of the 1967 Referendum, fighting for equal rights including education. 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. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. This achievement certainly encourages me. This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. In the Shire of . 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 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]. 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. Importantly, development is also a process through which other human rights can be realized and our wellbeing alongside all other populations is maximised. 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. This link is the basis of the ownership of the soil, or better, of sovereignty., "This is the torment of our powerlessness.". This often presents internal issues for traditional owner groups about how decisions are made and how benefits will be shared and responsibilities exercised. 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. "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. Australian law for two centuries hid the truth behind words. The assumptions were quite erroneous, of course, but Terra Nullius was set in unshakeable motion and stayed rooted in place for two hundred years, even though Aborigines had been in Australia for at least 40,000 years. Reynolds writes: Concocted by the early settlers, it was used, systematically, cynically and effectively to deprive the indigenous people of their own land. This was not empty land. 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. Hide message. 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. Words speak across tongues. 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. He knew about hope and he knew about justice. 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. Winanghanha is to return to knowing: to know what we have always known. [2] Australian Human Rights Commission, Paper on Indigenous Leaders Roundtable, Property Rights, p4. What is this Eddie Mabo Biography Worksheet? During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. But it was a bittersweet moment for the indigenous population. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. [1] Cast [ edit] Jimi Bani as Eddie Mabo Gedor Zaro as Young Eddie Deborah Mailman as Bonita Mabo (ne Neehow) In 2008, a library at James Cook University was named after him.
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