Eddie Koiki Sambo was born on June 29, 1936 on the Torres Strait island of Mer, also known as Murray Island. 2017 presentation by Professor Megan Davis, Pro Vice Chancellor Indigenous, University of New South Wales. 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. Unlike them, however, Mabo wasn't going to accept it. 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. As Eddie Mabo sketched out his plans to shake the foundations of Australian law, he told his daughter his prophecy: "One day, all of Australia will know my name." We go on, he said, ever, ever, ever on. But he had to find words to speak a deeper truth even as he upheld the myth of terra nullius that Aboriginal people, he said, had a "subtle and elaborate system of law". Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. 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. The case presented by Eddie Mabo and the people of Mer successfully proved that Meriam custom and laws are fundamental to their traditional system of ownership and underpin their traditional rights and obligations in relation to land. 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. Until that day, the legal fiction of terra nullius, the land belonging to no-one, had characterised Australian law and land titles since the voyage of Captain Cook. Indigenous Education and Research Centre First, they ask me to pass on their greetings and their thanks for allowing me on your lands. Keating begins by discussing the moral and legal implications of the decision. Gail Mabo and Prime Minister Tony Abbott during their visit to the grave of Eddie Mabo on Mer Island. For significant service to the community as a cultural leader and public sector executive in the field of Indigenous affairs.. The "fallacy" that Perkins speaks of is the concept of Terra Nullius, land belonging to no-one. This is our land. Transcript ID: 3849. 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. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. The golden house of is collapses and the world of becoming ascended.". "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 are currently not sharing in the developmental prosperity for which Australia is known. 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. 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. 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. British law under a British flag. Mabo 20 years on: did it change the nation? A culture and a people facing devastation. The Mabo case Records relating to the Mabo case About Eddie Mabo Edward Koiki Mabo was born on 29 June 1936. 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. 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. The Keating government gave effect to the Mabo decision by introducing the Native Title Act 1993, which facilitated the process of recognising native title. As this brave mans voice even as he had passed was heard by another man who is now gone and together they changed us. This achievement certainly encourages me. 2008 Presentation by The Hon. But he was wrong. 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. B12 of 1982 in the High Court of Australia). 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 world to possession and I emfphasise Opossessions On 3 June 1992, the High Court of Australia ruled in favour of limited native title. 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. A case was made, and took 10 years to reach a decision. 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." How might this case shatter the myth of terra nullius? Mabo expressed disbelief and shock. Rejected at each turn. This activity encourages children to write down their knowledge in a structured report . Words like han. Our people know han. the belief that Australia and its islands belonged to no-one when claimed by the British in 1770) in a landmark court . Without this foundation, there would be no opportunity for us to access these rights through this unique form of land tenure. Other cases persisted. Truth. 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. Tenacity, fearlessness, fearsome, tireless are some of the words that come to mind when the names Rob Riley and Eddie Mabo are mentioned. 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. The fall of the golden house of is but not the end. The Roundtable was held after there was significant interest on this issue when Commissioner Wilson and I undertook some consultations around the country last year. He knew about hope and he knew about justice. That was Eddie Mabos gift. A discussion of Mabo Day (June 3), which commemorates Torres Strait Islander activist Eddie Koiki Mabo and the historic Mabo decision, in which the High Court of Australia acknowledged Aboriginal and Torres Strait Islander peoples' land rights. Eddie's daughter, Gail Mabo remembers that day well. 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. It was suggested that we, as Aboriginal and Torres Strait Islander peoples, needed to think outside of the box when it comes to this issue. These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. [6] UN Declaration on the Right to Development, Article 1, para 1. 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. The lack of planning and support for native titleholders to economically develop their land was identified as one of the major failings of the native title system. Mabo's credibility as the primary witness for the case was savaged . Justice John Willis said: "In Australia it is the colonists not the Aborigines are the foreigners.". Strengthening our relationships over lands, territories and resources: the UN Declaration on the Rights of Indigenous Peoples, Climate change from the perspective of the Torres Strait, Beyond Mabo: Native Title and closing the gap, People, identity and place. You can find it still, somewhere buried in the archives of ABC News. I am sure that these issues will resonate with many of you here today. Drama Biopic Inspiring. We all know about the legacy of native title left by Meriam and Murray Islanders Edward Koiki Mabo, David Passi and James Rice. He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. Together yindyamarra winanghanha means to live with respect in a world worth living in. Reynolds writes: Governance has always been at the core of our Aboriginal and Torres Strait Islander cultures and our community life. 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. 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. 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. "Koiki was ambitious for himself and for his people.". 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". Choose from the list of topics on the left and then choose 'Click to Play'. Birthdays, anniversaries, sports events and special schools days were missed. On 8 December 1988, the High Court ruled this legislation invalid. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . Mabo made a speech to the audience where he explained the indigenous customary land inheritance system on Murray Island. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. Mabo: Life of an Island Man is a 1997 Australian documentary film on the life of Indigenous Australian land rights campaigner Eddie Koiki Mabo.. Words like the Uluru Statement from the Heart: We, gathered at the 2017 National Constitutional Convention, coming from all points of the southern sky, make this statement from the heart: Our Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs. 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. This often presents internal issues for traditional owner groups about how decisions are made and how benefits will be shared and responsibilities exercised. 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. One of the people who attended the conference, a lawyer, suggested they should make a case to claim land rights through the court system. 2004 Presentation by Fr Frank Brennan SJ AO. The National Archives holds a diverse array of records relating to the Mabo case. It would most likely still be in place had it not been for Eddie Koiki Mabo. The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. Mabo and others: products or agents of progress? This is yet another reason why a development approach is so urgently needed. [3] N Pearson in The Australian, Property rights will help economical development of Indigenous Australians, 22 May 2015. 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. 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. Read about our approach to external linking. The Court also recognised that all Indigenous people in Australia have rights to their land. [11]Native Title Act 1993 (Cth), preamble. 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]. In the Shire of . For the love of his family and tradition, he fights for his land on Murray Island. Ten years later, he conceded his fears were unfounded. Topics are usually less than 2 minutes long. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. Resting Place of Eddie Mabo. 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. This Declaration on the Right to Development was adopted by the General Assembly in 1986. But alongside . 5. The issue of compensation goes to the core of the initial intent of addressing the historical dispossession of Aboriginal and Torres Strait Islander peoples from their lands and waters. You Murray Islanders have won that court case. I walked into the news meeting at the ABC with words. The Mabo decision was named after Eddie Mabo, the 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. Suggested answer: While working as a grounds keeper at James Cook University in Townsville, Eddie learnt about Australian land ownership laws. Judged by any civilised standard, such a law is unjust ". The new conversation that we need to be having around our rights to land and resources has been captured in the thematic areas I have just spoken about. Of law. This is our land. This will always be our land. 3. Business development support and succession planning. But it was a bittersweet moment for the indigenous population. These often hamper the development and economic aspirations of the communities involved right from the start. In 2008, a library at James Cook University was named after him. Eddie Mabo knew about love too. And he knew truth. 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. And he was right. He knew about suffering. 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. 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. The justices spoke of a legacy of "unutterable shame"and that the dispossession of Indigenous people was the darkest aspect of Australia's history. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. We pay our respects to the people, their cultures and Elders past, present and emerging. 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 judges satisfied themselves that Aboriginal people had been in Australia first, did have a long, rich culture that denoted civilisation and had voluminous evidence of land demarcation, usage and inheritance, to back up their claims of longevity and history. There will be many words between now and then. 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. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. Searching for 'Mabo' in RecordSearch brings up many results, including the files below. 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. It is clear that we have seen a change in momentum as far as this space is concerned. 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. Only land such as vacant crown land, national parks and some leased land, can be subject to claims by the Aboriginal owners. The second key theme that was raised at the roundtable was the issue of financing economic development within the Indigenous estate. In going down this track we have to understand and have to get these institutions to understand that there is a fair dinkum business case for doing this because we have had enough of welfare and charity. Another similarity is something that sometimes we do not acknowledge enough. Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . Words. "I think that like many others, I was trying to deal with something that was new, that was undefined," Kennett told The Age newspaper. 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. 1h 43m. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. In New South Wales, the most populous state, Aboriginal people have title over only 0.1% of the land. Later in 1992, Mabo was posthumously awarded the Australian Human Rights Medal. Vincent Lingiari and men and women of the Gurindji people. To make agreements. 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. Love, kindness, forgiveness; always love. Eddie Mabo was a staff member at JCU, working as a groundsman from 1967 to 1971. To seek justice we had to speak the words of British law. The memory of wounds. 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. "If ever a system could be called a government of laws," he said, "it is shown in the evidence before me.". He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. 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. Winanghanha is to return to knowing: to know what we have always known. There was something of destiny in the air. Of invasion. That is the view most widely endorsed by history. They claimed that Murray Island (Mer) and surrounding islands and reefs had been continuously inhabited and exclusively possessed by the Meriam people . Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . Finally, the remaining key theme of the meeting was the issue of our right as Indigenous peoples to development. More information. Watch all your favourite ABC programs on ABC iview. Eddie Mabo (left) and . 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]. Australian law for two centuries hid the truth behind words. 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. In particular, this was raised as a way that Aboriginal and Torres Strait Islander communities might be able to leverage finances in order to support economic development opportunities and to improve the capacity of our mobs to best manage these prospects in the future. 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. 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. 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. Mabo Day & Native Title: Who was Eddie Mabo & what is his legacy? About 800 kilometers north of Cairns sits the small remote community of Mer (Murray) Island in the crystal blue waters of the Torres Strait. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. 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].
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