10. 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. 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. 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. Make an Impact. That nearly a third of our land mass is Indigenous owned is testament to this. That word is emblazoned still at the Aboriginal Tent Embassy on the lawns of the Old Parliament House in Canberra. Transcript ID: 3849. I am sure that these issues will resonate with many of you here today. HOST: Today is Mabo Day. To strengthen our democracy as Eddie Mabo strengthened our law. 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. Our News 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. Read about our approach to external linking. Justice Blackburn ruled Australia was indeed a "settled colony", that this was"desert and uncultivated". Eddie Mabo had challenged the very ideological establishment of Australia and the first Australians. As the Broome Roundtable highlighted, this remains one of the key unresolved issues facing Aboriginal and Torres Strait Islander peoples and their quest for ongoing economic development. 2023 BBC. On 3 June 1992, six of seven Australian High Court judges ruled: The Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands [in Torres Strait]. 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. Transcript. We go on, he said, ever, ever, ever on. 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 . Our landsings gently a song of sadness. My people are the Gangulu from the Dawson Valley in Central Queensland. 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]. When voices within democracies silenced and marginalised are demanding to be heard, we are bringing oursand challenging our democracy to examine itself and for our constitution to be seeded in the first footprints, not just the first settlers. Later in 1992, Mabo was posthumously awarded the Australian Human Rights Medal. The fall of the golden house of is but not the end. 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. I have heard it at dawn as the earth crackles, the river waters run, and the animals stir as the Sun peers above the hills and the light strikes the trees on my beloved Wiradjuri country. 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." 2. Financing economic development within the Indigenous estate. And in 1981, Eddie was invited by the same university to make a speech about Mer's land inheritance system. 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 was something of destiny in the air. 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. Mabo and his fellow plaintiff's fought for land on Mer - their ancestral gardens and home. Importantly, development is also a process through which other human rights can be realized and our wellbeing alongside all other populations is maximised. At: http://www.austlii.edu.au/au/journals/ALRCRefJl/2009/15.html#FootnoteB6 (viewed 9 June 2015). We will adapt, we will take advantage of these opportunities and we will leave a great legacy. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. 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. Love, suffering, hope, justice and truth Eddie Mabo knew about love too. 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. . 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. Realising these aspirations, is key to our economic development and prosperity as Aboriginal and Torres Strait Islander peoples where our land is our ultimate asset. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. In 2014, Australia ranked second after Norway, in the United Nations Human Development Index,[9] a position that would seem to indicate that we all enjoy a quality of life superior to most others in the world. 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 is our land. Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. 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. 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. I'd also like to thank AIATSIS for the invitation to speak today and in doing that can I congratulate you Russell on receiving your recent Member of the Order of Australia award. The Mabo decision was a legal case held in 1992. He spoke of impermanence: He knew things did not last and yet we do. Born in 1936, Mabo started life like so many other indigenous people, deprived of a meaningful education, denied access to whites-only buses, cinemas, even toilets. The second key theme that was raised at the roundtable was the issue of financing economic development within the Indigenous estate. 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. Across language itself. The truth: This was his land. Reynolds struck up a friendship with Eddie Mabo, who was then a groundsman and gardener at James Cook University. Winanghanha is to return to knowing: to know what we have always known. 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. . JCU celebrates the history-making Mabo decision with the long establishedEddie Koiki Mabo Lecture Series, an annual public commemorative presentation by a prominent person who has made a significant contribution to contemporary Australian society. 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. I also acknowledge Meriam PBC Chair Mr Doug Passi. These barriers all prevent us from using our land to enter into the economy from which we can see ourselves and our communities thrive. We cannot cross the same stream twice. 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. 23 Nov 1990 - 21 Oct 1994 Library at the University College of Townsville, Queensland. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. We invite you to walk with us in a movement of the Australian people for a better future.. He knew about suffering. 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). The justices spoke of a legacy of "unutterable shame"and that the dispossession of Indigenous people was the darkest aspect of Australia's history. British law was the law of the colony and usurped and superseded Aboriginal law. You Murray Islanders have won that court case. 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. During this time he became involved in community and political organisations, such as the union movement and the 1967 Referendum campaign. (2014 lecture transcript), 2013 Presentation by Dr Bryan Keon-Cohen QC. It was awarded Best Documentary at the Australian Film Institute Awards and the Sydney Film Festival.It also received the Script Writing Award at the New South Wales Premier's Literary Awards. He also co-operated with members of the Communist Party, the only white political party to support Aboriginal campaigns at the time. Sign up for free to create engaging, inspiring, and converting videos with Powtoon. A panel of judges at the High Court ruled that Aboriginal people were the rightful custodians of the land. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. 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. He is hardworking and determined, but at the cost of his family life. Truth. For the love of his family and tradition, he fights for his land on Murray Island. This landmark decision led to the Australian Government introducing native title . Vincent Lingiari and men and women of the Gurindji people. Today in the midst of winter there is still smoke from a campfire, framing a word spelled out on the lawn: Sovereignty. 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). A case was made, and took 10 years to reach a decision. The theme of this years conference is Leadership, Legacy and Opportunity. 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. Mabo expressed. So today it is indeed an honour for both my people and myself to be presenting this year's Edward Koiki Mabo Lecture. 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. Bryan Keon-Cohen was one of Eddie Mabo's barristers, and he gave a speech at Mabo's funderal in Townsville in Feb 1992 - he said: 'I confine myself here . Indigenous Education and Research Centre He knew about hope and he knew about justice. This was not empty land. But we know that these scales do not capture the social disadvantage experienced by Aboriginal and Torres Strait Islander peoples. It's the anniversary of a court decision that recognized for . Of invasion. 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 . 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Topics are usually less than 2 minutes long. Then, in June 1992, the years of sacrifice and persuasion came to fruition. Other forms of recognition have been added. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. A culture and a people facing devastation. 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. 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." 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. 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 gained an education, became an activist for black rights and worked with his community to make sure Aboriginal children had their own schools. 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. And that is the cost to both men and their families. 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. Leeanne Enoch MP, Minister for Housing and Public Works and Minister for Science and Innovation. However, in the lead-up to these hearings, the Parliament of Queensland passed the Queensland Coast Islands Declaratory Act 1985, which asserted that, upon being annexed by the Queensland Government in 1879, 'the islands were vested in the Crown freed from all other rights, interests and claims'. This was our land. Drama Biopic Inspiring. As this brave mans voice even as he had passed was heard by another man who is now gone and together they changed us. The Mabo Case Eddie Mabo is widely known for his plight to regain land rights for both Aboriginal and Torres Strait Islander people. Yindyamarra winanghanha. 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. How might this case shatter the myth of terra nullius? 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. 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. He would later describe his time on the island as 'the best time of my life'1. At 31, this affrontery became his epiphany. But alongside . While he believed the Murray Island belonged to the Torres Strait Islander people, Australian law stated that the Government owned the land. 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. Justice John Willis said: "In Australia it is the colonists not the Aborigines are the foreigners.". (2012 lecture transcript), 2011 Presentation by Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner. Milosz wrote into the horror of the 20th century as he saw war all around him. I honour your Elders that have come before you, those that are here today and I wait in optimistic anticipation for those Elders who are yet to emerge. Credit: Alex Ellinghausen No wonder Mr Abbott was visibly moved as he thanked "Aunty Gail" for . [9] UN Development Programme, Human Development Index, UN Human Development Report. We are still trying to find the words to equal the full measure of Eddie Mabo's devotion. We know sadness. Can I be indulgent and add a couple of others. Mabo died five months earlier from cancer in January 1992, at the age of 55. The judge's four hundred page report presented Mabo and his barristers with a bombshell which threatened to sink their case. It is this issue of development that I will explore later in greater detail. Bonita 'Netta' Mabo: Eddie's wife and is a resourceful, supportive and loving woman. 2008 Presentation by The Hon. Overwhelmingly, Aboriginal and Torres Strait Islander people have indicated that it is time for a new process of engagement to occur with the government on the topic of our rights after native title. Keating begins by discussing the moral and legal implications of the decision. It is clear that we have seen a change in momentum as far as this space is concerned. 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]. 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. Two generations talk about the impact of the 1967 Referendum and the 1992 Mabo Decision . Mabo expressed disbelief and shock. 5. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. Birthdays, anniversaries, sports events and special schools days were missed. To make agreements. Finally, the remaining key theme of the meeting was the issue of our right as Indigenous peoples to development. In August 1981 Mabo attended a conference on land rights at James Cook University. These adjustments are key if we are to translate our inherent legal rights under native title into sustainable opportunities for our people. 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. 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.
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