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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. 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. 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. There was scepticism, even cynicism, but I was able to report the story. The theme of this years conference is Leadership, Legacy and Opportunity. Mabo expressed. It is clear that we have seen a change in momentum as far as this space is concerned. Fungibility and native title. 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. He is best known for the two court cases that bear his name, Mabo v. Queensland (numbers 1 and 2). Others, while acknowledging the shortcomings of Mabo's long-term legacy, still regard it as a watershed moment in Australian political, cultural and economic life. In conversations with Commissioner Wilson and others, we are in the midst of developing what the next step in this process should look like and we will continue to engage with Aboriginal and Torres Strait Islander peoples such as yourselves in order to do this. Tenacity, fearlessness, fearsome, tireless are some of the words that come to mind when the names Rob Riley and Eddie Mabo are mentioned. 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. Mabo expressed disbelief and shock. That permission was denied. Transcript notes - MABO, Eddie, RICE, James v State of Queensland and Commonwealth of Australia, ITM1641344 Speech to the Native Title Conference celebrating the 20th Anniversary of the Mabo High Court decision 6 June 2012. . These legal challenges continued into the 20th century rulings maintained the legitimacy of the Crown but could not extinguish completely the Aboriginal claims. At 31, this affrontery became his epiphany. The issue of compensation for unfinished business was another key theme of the Roundtable. 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. In 1959, he moved to mainland Queensland, working on pearling vessels and as a labourer. It contains just 10 articles on what the instrument describes as an, inalienable right, by which every human person and all peoples are entitled to participate in, contribute to and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised.[6]. Mabo rejected the more militant direct action tactics of the land rights movement, seeing the most important goal as being to destroy the legal justification for what he regarded as land theft. He had refused to surrender his interests, or those of his people, to the domination of others. 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]. 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. active, free and meaningful participation in development; self-determination and full sovereignty over natural wealth and resources. To sign treaties. According to his daughter Gail Mabo, it 'fuelled his determination for recognition and equality in society'. And he was right. Love, kindness, forgiveness; always love. The golden house of is collapses and the world of becoming ascended.". At: http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components#a (viewed 9 June 2015). That word is emblazoned still at the Aboriginal Tent Embassy on the lawns of the Old Parliament House in Canberra. The Mabo decision was handed down on June 3, 1992 in the High Court's grand courtroom in Canberra. You and I know all too well that we live shorter, poorer lives than our non-Aboriginal counterparts. Mabo Day is an official holiday in the Torres Shire, celebrated on 3 June. A human rights based approach has been a key part of advocacy of all Social Justice Commissioners. I want to give two words from my people, Wiradjuri. This is our land. We will adapt, we will take advantage of these opportunities and we will leave a great legacy. There were three key components to this: As you will know, the first two of these three components have been implemented, with varying degrees of success and impact on our communities over the years. 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. I also acknowledge the Minister for Indigenous Affairs, Nigel Scullion who is here today and my colleague Tim Wilson, our Australian Human Rights Commissioner. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. 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. Concocted by the early settlers, it was used, systematically, cynically and effectively to deprive the indigenous people of their own land. 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". 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. [1] It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. Husband, father, grandfather, mate, advocate, achiever, Principal and mentor. More information. 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. This effectively overturned the doctrine of terra nullius, which held that Australia didn't belong to anybody before European colonisation. 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. But he was wrong. To seek justice we had to speak the words of British law. Importantly, development is also a process through which other human rights can be realized and our wellbeing alongside all other populations is maximised. 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. To Eddie Koiki Mabo and chief justice Sir Gerard Brennan. My people are the Gangulu from the Dawson Valley in Central Queensland. It is sadness beyond the word sadness itself. It is short for Mabo and others v Queensland (No 2) (1992). Aboriginal and Torres Strait Islander viewers are advised that this resource and resource page may contain the image, name or voice of deceased persons. Legacy of Eddie Mabo. It was during a stint as a gardener at the James Cook University at Townsville in Queensland, that his eyes were opened to the greatest injustice his people had ever been subjected to. . Aboriginal Australians are celebrating the 20th anniversary of their landmark victory over land rights. 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. 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. Eddie Mabo at James Cook University, early 1980s Series 8. Eddie Mabo was heartbroken and never forgave government authorities. Family gatherings were foregone. Watch all your favourite ABC programs on ABC iview. Mabo died five months earlier from cancer in January 1992, at the age of 55. He knew about suffering. Mabo v Queensland (No 1) was heard in 1986and 1988. The former president of Western Australia's Liberal Party, Bill Hassel, said the ruling was greeted with "outrage". Mabo expressed disbelief and shock. It's the anniversary of a court decision that recognized for . Jenny Macklin MP, Minister for Housing, Community Services and Indigenous Affairs. The golden house of is of culture and connection, of blood and dreaming, of time immemorial how the golden house of is collapses. Importantly, the Roundtable highlighted that despite previous promises around compensation for historical dispossession, this has not yet materialized. Mabo ended up on the mainland working a number of jobs, including labouring on the railways. His mother died during childbirth and he was raised by his mother's brother, Benny Mabo . And he was right. 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. At: http://www.ohchr.org/EN/Issues/Development/Pages/RealizingaVisionforTransformativeDevelopment.aspx (viewed 9 June 2015), [8] N Collings, Native title, economic development and the environment, Australian Law Reform Commission Journal 15, 2009. Suggested answer: While working as a grounds keeper at James Cook University in Townsville, Eddie learnt about Australian land ownership laws. Words makaratta. This independence could be realized through greater roles for Indigenous landholders through business, land management and other opportunities. Resting Place of Eddie Mabo. At http://hdr.undp.org/sites/default/files/reports/264/hdr_2003_en_complete.pdf (viewed 9 June 2015). It is lament. 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'. Barrister Ron Castan, Eddie Mabo and barrister Bryan Keon-Cohen at . 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. Mabo, Edward Koiki (Eddie) (1936-1992) . As a nation, this is an improvement from fourth position just over ten years ago in 2003.[10]. I also acknowledge Meriam PBC Chair Mr Doug Passi. The man who had engineered the historic change of law, never lived to witness it himself. "The golden house of is collapses. Here we are 30 years later, still on that journey. This led to the subsequent High Court case, Mabo v Queensland (No 2), which was to determine the matter of the plaintiffs' land rights. In one, the presiding judge said the mere introduction of British law did not extinguish Aboriginal customary law. Eddie Mabo had challenged the very ideological establishment of Australia and the first Australians. 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]. [7] OHCHR Website, Essays in Commemoration of 25 years of the United Nations Declaration on the Right to Development. 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". Gail Mabo and Prime Minister Tony Abbott during their visit to the grave of Eddie Mabo on Mer Island. (Transcript), 2014 Presentation byMs Shannan Dodson, Digital Campaign Manager, Recognise Australia. The Mabo case Records relating to the Mabo case About Eddie Mabo Edward Koiki Mabo was born on 29 June 1936. 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. Words speak across tongues. Eddie Mabo's dream had come true; a meeting of minds to address the issue of Aboriginal land . But it was a bittersweet moment for the indigenous population. The great polish poetCzeslawMilosz said perhaps all memory is the memory of wounds. They reflect the period in which they were created and are not the views of the National Archives. Hide message. On 3 June 1992, six of the seven High Court judges upheld the claim and ruled that the lands of . It does not create any new rights, but rather reaffirms the rights that exist in many other international treaties and conventions. Whilst the case did little to clarify the legal principles around calculating compensation, it is one example of the positive realization after many years, of the rights of Aboriginal and Torres Strait Islander peoples to land and waters within the native title system. Elders saythe wateris now a battleground. From 1973-1983 he established and became director of the Black Community School in Townsville. 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. Words. Mabo said was that it is my fathers & grandfather's, grandmother's land, I am related to it, it is my identity. Today in the midst of winter there is still smoke from a campfire, framing a word spelled out on the lawn: Sovereignty.

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