He's recorded as saying: "No way, it's not theirs, it's ours." But he was wrong. They ruled that the Mabo decision in no way challenges the legality of non-Aboriginal land tenure. 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. Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . Australia owes you a great debt. I was there as a young associate working for a judge, and saw the jubilation and relief of . : he world to possession and I emfphasise Opossessions The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. But alongside . Mabo expressed disbelief and shock. This activity encourages children to write down their knowledge in a structured report . Mabo died five months earlier from cancer in January 1992, at the age of 55. [11]Native Title Act 1993 (Cth), preamble. Other forms of recognition have been added. This is yet another reason why a development approach is so urgently needed. 10. Yet, the first colonialists decided, for commercial reasons, to ignore all that and peddle the view that Aboriginal people were primitive, disorganised, culture-less creatures who deserved no rights over land. Mabo and his fellow plaintiff's fought for land on Mer - their ancestral gardens and home. Text 1936 We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. A clear theme from the Broome Roundtable revealed a common frustration among many Aboriginal and Torres Strait Islander people. 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. 2004 Presentation by Fr Frank Brennan SJ AO. Words like han. Australian law for two centuries hid the truth behind words. 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 memory of wounds. With support from legal experts, Mabo, along with fellow plaintiffs and Murray Islanders Reverend David Passi, Celuia Mapoo Salee, Sam Passi and James Rice, brought a case against the Queensland Government in the High Court. "The golden house of is collapses. 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. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . "If Koiki Mabo were alive today he would be an angry man," says Malezer. Mabo v Queensland (No 1) was heard in 1986and 1988. A world turning. 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. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. 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. AAP. And he was right. They can raise us to anger then soothe us. At: http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a (viewed 9 June 2015). 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. 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. 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 spoke of impermanence: He knew things did not last and yet we do. Milosz wrote into the horror of the 20th century as he saw war all around him. Please join with me in acknowledging the life long accomplishments of Russell Taylor. That is, how do we build on the underlying communal title to create options for our economic development? Words makaratta. Across language itself. "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 cross rivers and we are changed like the water itself. As Kevin Mason divedin the ocean, a compliance officer waswatching on the cliffs above. This will always be our land. However, whilst the right to development is about improvements in economic and material outcomes, it is also about our rights as Indigenous peoples to self-determination and our rights to control our natural wealth and resources. 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. 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. My people are the Gangulu from the Dawson Valley in Central Queensland. From 1973-1983 he established and became director of the Black Community School in Townsville. 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. 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. 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 . Mabo gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. 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. Court cases in the mid-19th century challenged the idea of British settlement at the time the rulings were in favour of the Crown. Vincent Lingiari and men and women of the Gurindji people. But that's just 11% of Australia's land mass. SPEECH - THURSDAY, 3 JUNE . 2. Financing economic development within the Indigenous estate. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. The court dismissed his challenge to Australian sovereignty, but in his opinion Justice Lionel Murphy rattled the bones of the Australian settlement. " In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. But it was a bittersweet moment for the indigenous population. Aboriginal and Torres Strait Islander viewers are advised that this resource and resource page may contain the image, name or voice of deceased persons. A Yolngu word meaning to come together after a struggle. This was our land. 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. During this time he enrolled as a student and studied teaching at the College of Advanced Education, which later amalgamated with JCU. I walked into the news meeting at the ABC with words. And these were the costs borne by the whole family. Document: 00003849.pdf 1 Page(s) Speech at the Gurindji Land Ceremony. The Mabo decision What is the Mabo decision? That is the view most widely endorsed by history. And he was right. 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. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. 2008 Presentation by The Hon. Uncle Eddie 'Koiki' Mabo. Reynolds writes: On 3 June 1992, the High Court of Australia ruled in favour of limited native title. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. It's the anniversary of a court decision that recognized for . Later in 1992, Mabo was posthumously awarded the Australian Human Rights Medal. He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. This Declaration on the Right to Development was adopted by the General Assembly in 1986. We invite you to walk with us in a movement of the Australian people for a better future.. It clearly did not, for instance, lead to vast numbers of white Australians being forced from their homes, businesses, mines or farms. But the . This will always be our land. 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. JCU websites use cookies to enhance user experience, analyse site usage, and assist with outreach and enrolment. Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. These often hamper the development and economic aspirations of the communities involved right from the start. 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. 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. He petitioned, campaigned, cajoled and questioned Terra Nullius for 18 years. 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]. (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. When our world is ablaze with conflict. Topics are usually less than 2 minutes long. 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. [12] Native Title Act 1993 (Cth), preamble. 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. 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. 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. 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 . Another similarity is something that sometimes we do not acknowledge enough. For 50 years this embassy has stood as a reminder that we are still here. 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. 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. You may have heard that Tim Wilson, Human Rights Commissioner and I recently co-convened a roundtable on Yawuru country on the issue of Indigenous property rights. He knew about hope and he knew about justice. These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. I am sure that these issues will resonate with many of you here today. To make agreements. 3. Business development support and succession planning. 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. But who was Eddie Mabo, why did he take up what must have seemed like a hopeless cause and what is the legacy of his campaign? We cannot cross the same stream twice. . Other cases persisted. Eddie Mabo was a great hero to the Australian people. 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). 1h 43m. B12 of 1982 in the High Court of Australia). 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. 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. 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". Can Nigeria's election result be overturned? "Koiki was ambitious for himself and for his people.". Well, Australia now stands at a moment of history. 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.

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