Making multicultural australia timeline commentary. The mabo decision remains an important step towards healing, says university of melbourne pro vicechancellor indigenous professor shaun ewen. One of the audience, a laywer, realised the significance of this. Oct 27, 2017 reconciliation australia acknowledges traditional owners of country throughout australia and recognises the continuing connection to lands, waters and communities. Mabo news, research and analysis the conversation page 1. The ongoing legacy of the mabo decision mabo forced us to confront the convenient fiction upon which australia was built. When the historic high court mabo decision was handed down 20 years ago, gail mabo was at a hospital breast feeding her baby. Here is a look back at significant developments in native title legislation from the mabo high court decision in 1992 until today. It has been 20 years today since high court handed down its decision on mabo v queensland no 2, the landmark case known as mabo, which paved the way for recognition of native title in australia. Environmental education resources to commemorate earth days 50th anniversary. This is an excellent exercise for teaching students about the history of the. Mabo the native title revolution delves into the mabo legal case and the important issues it raises for australians and indigenous peoples everywhere. Eddie mabo is the first plaintiff in a group action. Eddie mabo aimed to establish aboriginal land rights in not only his homemurray island but also on the lands of australia by challenging the conditions of terra nullius.
To celebrate the 20th anniversary of mabo day the nfsa creates a special dvd for our black screen program to lend to communities around australia. Eddie koiki mabo 19361992 was a meriam man from the island of mer murray island in the torres strait. At this time eddie mabo is a gardener working at james cook university, townsville. At james cook university there were discussed strategies for bringing a definitive high court decision on land rights. Members of the community and politicians celebrate the 20th anniversary of the mabo high court decision on 3 june 1992 which recognised that eddie koiki mabo and others held native title to land on murray island mer in the torres strait. He persuaded the council to take the murray islanders land case to the high court. Derived from the aboriginal land rights activist, eddie mabo. Queensland, a case that was litigated over for almost a decade in the australian high court, this case was a monumental step for indigenous people in australia. An explanation given of the mabo decision in understanding land ownership. Collection of 11 essays that examine the implications and ramifications of the mabo decision on australia and its law. Mabo v queensland no 2 commonly known as mabo was a landmark high court of australia decision in 1992 recognising native title in australia for the first time. A summary of the public debate following the decision can be found in the parliamentary library background paper the. Mabo case australian institute of aboriginal and torres. Discusses such topics as the constitutional background to the decision, public law aspects, the admissibility of traditional evidence, the implications for aborigines and torres strait islanders, and native title and pastoral leases.
On 3 june 1992, the high court handed down its decision. He sought to establish the native title act, which allowed the rights to land as the act states that. An obscure australian slang word used to define the act of taking something that isnt yours and claiming it as your own. Eddie mabo was born on the 29th of june 1936, he was born on the island of mer in the torres strait.
The greatest effects of the mabo decision may arise from the tortuous legal path the high court judges took to justify their decision under britishbased common law. Eddie mabo spoke about the land rights in torres strait. He explained the land inheritance system on murray island. Queensland, a case that was litigated over for almost a decade in the australian. Eddie mabo used to tell his daughter his name would become well known to the world.
Eddie mabo simple english wikipedia, the free encyclopedia. In 1992 after years pursuing his case through various state and federal courts, eddie mabo from the torres strait, with other murray islanders, gained recognition from the high court of their continuing rights to the land which had not been alienated by the crown the socalled preexisting native title. Consequences of the mabo high court decision by dr cooray 1995. Jun 03, 2017 eddie mabo used to tell his daughter his name would become well known to the world. Reconciliation australia acknowledges traditional owners of country throughout australia and recognises the continuing connection to lands, waters and communities. The mabo decision, 1992 from 1982, eddie koiki mabo 193692 let a court case challenging the governments right to suddenly start denying some of the land rights in queensland.
Discusses such topics as the constitutional background to the decision, public. Eddie mabo spoke at a land rights conference at james cook univeristy. Mabo decision timeline by sharelle chan on prezi next. Queensland case was the first major land title claim made by indigenous australians for their traditional lands. The mabo case and the native title act 2012 internet australian bureau of statistics, canberra, accessed from. It gives an overview of the case and provides an insight into both the man at its centre, eddie koiki mabo, and torres strait islander culture.
It was a divisive yet important step toward recognising indigenous rights and establishing native title. Foundations of the legal system, 2nd ed, melbourne, oxford university press, 2009, pp. It is short for mabo and others v queensland no 2 1992. Courtesy high court of australia prime minister paul keating announced to the nation that mabo was an important turning point for a new relationship. The mabo decision in the high court 80 days that changed.
Together they challenged the authority of the queensland government to claim not just sovereignty but also ownership of the land comprising their ancestral home. In recognising that indigenous people in australia had a prior title to. In recognising that indigenous people in australia had a prior title to land taken by the crown since cooks declaration of possession in 1770, the court held that this title exists today in any portion of. Analysis of the mabo decision by australian government solicitor. The mabo decision empowers indigenous groups to claim native title following the mabo decision, a number of indigenous groups set out to put native title claims before the courts. In 1981, he spoke at a conference on land rights at the university. The mabo decision it would not be easy to persuade the high court of australia to reverse the two century old assumption that any preexisting land rights of indigenous people were simply not an issue. Minister for aboriginal and torres strait islander partnerships curtis pitt today reflected on the significance of mabo day as an important date in. That the mabo decision would attract such varied comment was prob ably inevitable.
And 25 years ago, his battle for justice did just that. Decision made to take the murray islanders case to court. Most commenta tors have, of course, not read the decision. The mabo decision in the high court was the culmination of a legal battle started ten years earlier by a group of plaintiffs from the tiny torres strait island of mer to establish their. Setting right past wrongs is an important part of the healing process, professor ewan says. The overturning of the legal doctrine of terra nullius. The mabo decision was a turning point for the recognition of aboriginal and torres strait islander peoples rights, because it acknowledged their unique connection with the land. The high court held that the doctrine of terra nullius, which imported all laws of england to a new land, did not apply in circumstances where there were already inhabitants present.
The mabo decision thus solved the problem posed by the gove land rights case in 1971, which followed the legal fiction of terra nullius. Their decision stemmed from what 6 judges of the high court thought was an injustice, which they thought they had responsibility to address. Native title in australia here is a look back at significant developments in native title legislation from the mabo high court decision in 1992 until today. Mabo vs queensland was at an end with a victory to the eddie mabo. Eddie koiki mabo 19361992 was a meriam man from the island of mer murray island in the torres. This recognition inserted the legal doctrine of native title into australian law. The castan centre of human rights law and friends of international humanitarian law of the red cross present. The twentieth anniversary of the mabo decision in the high court is upon us.
Legal studies a question of rights mabo case flashcards. This photo shows eddie mabo and his legal counsel outside court no. Jul 10, 2019 the mabo decision changed australias concept of land ownership. Five things you should know about the mabo decision the. The high court is the highest court in australias judicial system. His name has become synonymous with aboriginal and torres strait islander land rights because he was a key plantiff in the mabo case. The mabo decision altered the foundation of land law in australia by overturning the doctrine of terra nullius land belonging to noone on which british claims to possession of australia were based.
The economic consequences supporters of mabo and more radical extensions of it are blissfully unconcerned about the consequences for australian tax payers, consumers and industry. Mabo what it means, what it doesnt mean by guest poster on 20090604 1 jo tamar is a human rights lawyer who blogs about things that catch her eye relating to feminism and equality generally. This decision known as the mabo decision recognised that aboriginal and torres strait islander peoples have rights to the land rights that. Biography edward koiki eddie mabo indigenous australia. It was the mabo decision of the high court on 3 june 3 1992 that changed this history of conflict. Gail is the middle daughter of eddie koiki mabo and spoke to 666 abc. The legal decision was made by the high court on 3 june 1992. Mabo ruling, 20 years on abc news australian broadcasting. Eddie koiki mabo was a torres strait islander who believed australian laws on land ownership were wrong and fought to. Most do not really know ex actly what the case decides. We pay our respect to aboriginal and torres strait islander cultures.
The mabo decision changed australias concept of land ownership. Courtesy high court of australia prime minister paul keating announced to the nation that mabo was an important turning point for a new relationship between indigenous and nonaboriginal australians. I2 rarely has a decision of an australian court attracted so much praise and so much calumny. Remote work advice from the largest allremote company. Mabo attended this conference and explained his position on land rights those at the conference thought it was time to launch a test case in court mabo, flo kennedy and david passi took it on, the team quickly grew in 1982 mabo and 4 other islanders filed a writ in the high court of australia.
This opened the way for claims by aboriginal and torres strait islander peoples to their traditional rights to land and compensation. This created a great deal of uncertainty, particularly in rural areas where pastoral and mining leases on crown land were seen to be vulnerable to native title claims. Twentyfive years ago on 3 june 1992, the high court handed down its judgement in the mabo case. A summary of the public debate following the decision can be found in the parliamentary library background paper the mabo debate. Mabo what it means, what it doesnt mean hoyden about town. When the mabo case was resolved it was seen as a landmark decision by the. He became well known for campaigning for indigenous land rights. Reconciliation and eddie koiki mabo students will argue both sides of the mabo case in this partnered activity. The mabo cases are some of the most well known cases in the australian legal system, this paper will focus on the mabo v.
In these two decades, i have been party to developments that i could not have imagined before that decision. On june 3 1992, the high court of australia handed down its decision in the longrunning case of eddie koiki mabo and his compatriots from the torres strait island of mer. It has been 20 years today since high court handed down its decision on mabo v queensland no 2, the landmark case known as mabo. One of the audience, a laywer, realised the significance of this and suggested to mabo to test case of claims to land rights through the court systems. Common law is the collection of decisions of principle made by courts over the ages. The judgments of the high court in the mabo case recognised the. Eddie koiki mabo timeline jcu australia james cook university. The museum has unveiled a plaque commemorating the mabo decision.