The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. He knew about hope and he knew about justice. 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. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. My people are the Gangulu from the Dawson Valley in Central Queensland. In 1974, he became involved in a discussion with two academics. 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". The fall of the golden house of is but not the end. In 2008, a library at James Cook University was named after him. We cross rivers and we are changed like the water itself. Reynolds writes: 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 go on, he said, ever, ever, ever on. Eddie Mabo was a man of courage and principle who fought for the inherent rights of the Meriam people, and ultimately for the rights of all Torres Strait Islanders and Aboriginal peoples. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. 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. 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. Choose from the list of topics on the left and then choose 'Click to Play'. About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. This link is the basis of the ownership of the soil, or better, of sovereignty., "This is the torment of our powerlessness.". 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. Sign up for free to create engaging, inspiring, and converting videos with Powtoon. 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. By continuing to use this site, you are giving us consent to do this. [7] OHCHR Website, Essays in Commemoration of 25 years of the United Nations Declaration on the Right to Development. This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. This Declaration on the Right to Development was adopted by the General Assembly in 1986. 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 practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. active, free and meaningful participation in development; self-determination and full sovereignty over natural wealth and resources. 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. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. In 1981, Eddie Mabo delivered a speech at James Cook University in Queensland, where he challenged the widely accepted belief of ownership and inheritance of land on Murray Island. They claimed that Murray Island (Mer) and surrounding islands and reefs had been continuously inhabited and exclusively possessed by the Meriam people . Document: 00003849.pdf 1 Page(s) Speech at the Gurindji Land Ceremony. Uncle Eddie 'Koiki' Mabo. These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. 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. SPEECH - THURSDAY, 3 JUNE . 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. It is clear that the current system has not delivered what had initially been intended to Aboriginal and Torres Strait Islander peoples. 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. This will always be our land. 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. On 8 December 1988, the High Court ruled this legislation invalid. We are currently not sharing in the developmental prosperity for which Australia is known. Watch. 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]. Despite the fact that the challenge of gaining native title is still a fight that many of us share, there has been a shift in focus now and we have started to see a gradual change in terms of ownership. Suggested answer: While working as a grounds keeper at James Cook University in Townsville, Eddie learnt about Australian land ownership laws. While he believed the Murray Island belonged to the Torres Strait Islander people, Australian law stated that the Government owned the land. 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. 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 . Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. Mr Mabo died in 1992 just months before his 10-year legal battle for native title rights proved successful. 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. Milosz wrote into the horror of the 20th century as he saw war all around him. To build a world worth living in. On 3 June 1992 the High Court of Australia ruled that a group of Torres Strait Islander people, led by Eddie Mabo, owned the island of Mer (Murray Island). 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. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/eddie-mabo-lecture-stan-grant-terra-nullius-gerard-brennan/101126466, The man who 'took on the government' and won, Supplied: Australian Institute of Marine Science/Ray Berkelmans, Kevin was fishing for his family when he was confronted by a 'compliance officer', Australia's biggest drug bust: $1 billion worth of cocaine linked to Mexican cartel intercepted, Four in hospital after terrifying home invasion by gang armed with machetes, knives, hammer, 'We have got the balance right': PM gives Greens' super demands short shrift, Crowd laughs as Russia's foreign minister claims Ukraine war 'was launched against us', The tense, 10-minute meeting that left Russia's chief diplomat smoking outside in the blazing sun, 'Celebrity leaders': Mike Pompeo, Nikki Haley take veiled jabs at Donald Trump in CPAC remarks, Hong Kong court convicts three members of Tiananmen vigil group for security offence, as publisher behind Xi biography released, 'How dare they': Possum Magic author hits out at 'ridiculous' Roald Dahl edits, Vanuatu hit by two cyclones and twin earthquakes in two days, the colonists not the Aborigines are the foreigners, Justice Lionel Murphy rattled the bones of the Australian settlement, Ngunnawal traditional owners announce plans to lodge native title claim over ACT and parts of NSW, These men have 'unfinished business' with native title and their case could change Australia, Gail Mabo was with her newborn son when she learnt her father had corrected history 30 years ago, Former High Court Chief Justice who wrote lead judgement on Mabo decision dies one day before its 30th anniversary, Rare sighting of bird 'like Beyonce, Prince and Elvis all turning up at once', Emily was studying law when she had to go to court. The justices spoke of a legacy of "unutterable shame"and that the dispossession of Indigenous people was the darkest aspect of Australia's history. Mabo 20 years on: did it change the nation? The man who had engineered the historic change of law, never lived to witness it himself. And that is the cost to both men and their families. In August 1981 Mabo attended a conference on land rights at James Cook University. To seek justice we had to speak the words of British law. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. This is our land. Volume 1 (227pp), Volume 2 (58pp). Justice John Willis said: "In Australia it is the colonists not the Aborigines are the foreigners.". Eddie's daughter, Gail Mabo remembers that day well. It is short for Mabo and others v Queensland (No 2) (1992). I was no lawyerbut I knew I sensed this was different. These organisations could assist in under-writing costs, insurance and risk as well as helping explore options for Indigenous specific loan products. Mabo's love for his homeland drove the proud Torres Strait Islander to undertake a 10- year legal battle that rewrote Australia's history. He had refused to surrender his interests, or those of his people, to the domination of others. 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. 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. He petitioned, campaigned, cajoled and questioned Terra Nullius for 18 years. Mabo made a speech to the audience where he explained the indigenous customary land inheritance system on Murray Island. Mabo and his fellow plaintiff's fought for land on Mer - their ancestral gardens and home. When democracy is teetering and autocracy is rising. It would most likely still be in place had it not been for Eddie Koiki Mabo. Birthdays, anniversaries, sports events and special schools days were missed. It's the anniversary of a court decision that recognized for . And these were the costs borne by the whole family. It felt in this case that the time had come. Australia owes you a great debt. Aboriginal and Torres Strait Islander people should be aware that the National Archives' website and collection contain the names, images and voices of people who have died. Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. I think much of the dialogue on this issue in Australia has revolved around how to protect Aboriginal and Torres Strait Islander peoples from development as opposed to how to realize our rights to development and the associated benefits that come with it. 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. [12] Native Title Act 1993 (Cth), preamble. Our News The former president of Western Australia's Liberal Party, Bill Hassel, said the ruling was greeted with "outrage". They reflect the period in which they were created and are not the views of the National Archives. For Indigenous peoples around the world, the Declaration has been a means by which they can free themselves from the shackles of colonialism and share equitably in the benefits of development.[8]. Governance has always been at the core of our Aboriginal and Torres Strait Islander cultures and our community life. We all know about the legacy of native title left by Meriam and Murray Islanders Edward Koiki Mabo, David Passi and James Rice. In the context of Aboriginal and Torres Strait Islander peoples, Governments have committed themselves to the economic development of our communities. 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, Edward Koiki (Eddie) (1936-1992) . 2008 Presentation by The Hon. So, in many ways, the victory has been more symbolic than practical. AAP. Mabo Day occurs annually in Australia on 3rd June. I also acknowledge the Minister for Indigenous Affairs, Nigel Scullion who is here today and my colleague Tim Wilson, our Australian Human Rights Commissioner. Australian law for two centuries hid the truth behind words. Older articles are being reviewed with a view to bringing them into line with contemporary values but the original text will remain available for historical context. Eddie Mabo and Gerard Brennan overturned the terra nullius policy and changed Australia forever. And he knew truth. 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. In particular, Roundtable participants lamented the lack of governance skills amongst Aboriginal and Torres Strait Islander landholders to successfully engage in business development and to manage their estates. The National Archives holds a diverse array of records relating to the Mabo case. I also acknowledge Meriam PBC Chair Mr Doug Passi. This was apartheid in Australia, not South Africa. Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . This was not empty land. 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. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. The truth: This was his land. 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 In a snapshot. 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. So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. Other forms of recognition have been added. A human rights based approach has been a key part of advocacy of all Social Justice Commissioners. On Monday, he laid a wreath on Mr Mabo's grave on Mer Island. 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. Today in the midst of winter there is still smoke from a campfire, framing a word spelled out on the lawn: Sovereignty. 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. Hide message. Text 1936 . The victory was largely down to one indigenous man called Eddie Mabo. Indigenous Education and Research Centre Of invasion. "He became a driven man," says his friend and documentary maker, Trevor Graham. The second key theme that was raised at the roundtable was the issue of financing economic development within the Indigenous estate. 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 court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " 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. Participants in Broome identified there was a real need to have a new conversation with Government around Indigenous land and property rights and how this might translate into sustainable economic development. 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. Eddie Koiki Mabo was an advocate of the 1967 Referendum, fighting for equal rights including education. But 20 years after the judgement, there's still a debate among constitutionalists, lawyers and politicians about the legacy of Mabo. It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. Another similarity is something that sometimes we do not acknowledge enough. He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. 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". 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. Stan Grant is the ABC's international affairs analyst and presents China Tonight on Monday at 9:35pm on ABC TV, and Tuesday at 8pm on the ABC News Channel, anda co-presenter of Q+A on Thursday at 8:30pm. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. This is our 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. Resting Place of Eddie Mabo. In 1994 the Torres Strait Regional Authority (TSRA) was established in response to Read More 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. 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. I like how the words create a rhythm. Eddie Mabo knew about love too. 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 . the belief that Australia and its islands belonged to no-one when claimed by the British in 1770) in a landmark court . Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. 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 He was a Meriam man and grew up on Mer, part of the Murray Island Group in the Torres Strait. B12 of 1982 in the High Court of Australia). Searching for 'Mabo' in RecordSearch brings up many results, including the files below. 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]. Short for Mabo and others v Queensland (No 2) (1992), the Mabo case, led by Eddie Koiki Mabo, an activist for the 1967 Referendum, fought the legal concept that Australia and the Torres Strait Islands were not owned by Indigenous peoples because they did not 'use' the land in ways Europeans believed constituted some kind of legal possession. 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. In some ways our systems of governance is a defining feature of the oldest living culture on this planet.