How The Mabo Decision Changed Aboriginal Rights And Freedoms For The Better?

In 1992, the doctrine of terra nullius was overruled by the High Court in the case Mabo v Queensland (No.2) [1992] HCA 23. After recognising that the Meriam people of Murray Island in the Torres Straits were native title landholders of their traditional land, the court also held that native title existed for all

Good morning ladies and gentlemen, I am here to discuss the effects that Neville Bonner had on the land rights and freedoms of aboriginal Australians. Australia has a history of discrimination. This is proven by the amount of effort it took to change the rights of indigenous Australians. One of the most effective aboriginal Australian’s was Neville Bonner, who I will speak about today. Neville Bonner had a significant impact on the rights and freedoms of indigenous peoples due to his involvement in parliament and his determination to live freely as an aboriginal. We will discuss throughout the speech Neville’s background and childhood, the changes he made to the rights of aboriginal peoples and who they impacted, as well as why he decided to make a difference to the lives of aborigines.

The Aborigines Protection Act 1909 (NSW) was a law that changed Indigenous Australian lives forever. The act enabled the New South Wales Board for the Protection of Aborigines to essentially control the lives of Aboriginal people. It was the Aborigines Protection Act 1909 (NSW) that had major provisions that resulted in the containment and suffering that Aboriginal people endured. This suffering included the practice of forcible removing Indigenous children from their families. These major provisions help us understand what the Aborigines Protection Act 1909 (NSW) involved and the impact it has had on the daily lives and cultures of Indigenous Australian peoples today.

The rights and freedoms of Aboriginals have improved drastically since 1945 with many changes to government policy, cultural views and legal rules to bring about a change from oppression to equality. Unfortunately on the other hand, some rights and freedoms have not improved at all or have even worsened.

Eddie Mabo has had such an impact on today’s society for indigenous people and the Meriam people were facing racial discriminations in their community. Some of Eddie Mabo’s many achievements include “campaigning for better access for Indigenous peoples to legal and medical services, housing, social services and education and establishing the Townsville Black Community School.” (Stephenson, 1989-1999). Mabo believed that it was along for the Australians along with Terra Nullius, a legal document which held that Australia as unoccupied at the time of colonization. “I was sitting in a car breastfeeding my six month old son, who was born the day before I buried my dad, when I heard on the radio we had won the case. I started crying and thinking that if my father was alive he would be dancing. I then heard the sound of thunder and said to my son ‘hear that, he is dancing.” (Australian Government, 2014). Eddie Mabo has contributed to the Australian History a lot with his beliefs. Firstly, he has

Throughout Australian history, there have been men and women who fought for the entitlements of the indigenous people. The most respected and recognised of these is Eddie Mabo, a Torres Strait Islander. Mabo stood up for the rights of his people from a very young age all the way to his death, in order to generate changes in the policies and laws of the government. Mabo battled for his right to own the land which he had inherited from his adoptive father, a fight which was resolved only after his demise. Despite this, Eddie Mabo became one of the key influential figures in the Aboriginal rights movement, as his strong will, determination, and intelligence allowed him to bring about change.

When European colonists settled in Australia they treated the Aboriginal people extremely different to that of their fellow white men. The Aboriginals were not seen as first class citizens through the European eye and as a result were victims of extreme oppressions and had nearly no rights or freedoms. Since then Aboriginal people have fought to be treated equally to the white men through various different ways. I will discuss the previous struggles faced by the Aboriginals, the Australian strife for equality and finally the level of success and degree of rights and freedoms given to Aboriginals in modern Australia.

Consequently, the indigenous Australians were considered a primitive race, with no obvious system of local law, and Australia was deemed uninhabited land under the doctrine of Terra Nullius - thereby, allowing Britain to claim sovereignty over it

Title Amendment Act (1998), which saw changes to The Native Title Act after a push by the

Indigenous Australians have been fighting for their civil rights since European colonisation in 1788, in particular, for their rights to land ownership. Prior to the Mabo land rights case, there was very little success when it came to indigenous Australians making claims. The Mabo case took land rights to the highest court in Australia. It succeeded in achieving land rights and overturning Terra Nullius. The Mabo case helped to continue to chip away at the barriers of civil rights. The Mabo Case was a step towards Indigenous equality.

The 1992 Landmarks High Court case abolishing the doctrine of ‘Terra Nullius’; the foundation of Australia’s settlement paved way for the ‘Native Title Act 1993’. Following the 20 year commemoration of the Mabo decision, the 2012 telemovie ‘Mabo’ directed by Rachel Perkins was released. It depicts the life of Murray Islander man and activist Eddie Koiki Mabo and his family in his grueling fight for land rights. Pride comes before the fall – the ego of one stems destruction. Pride is a sense of satisfaction derived from one’s achievements. It is also a feeling of self-worth and dignity. Eddie is of Murray Island decent and this background stems a lot of

the land they claim, it simply gives them the right to a say in the

Terra Nullius was once apparent in Australian society, but has now been nullified with the turn of the century. With the political changes in our society, and the apology to Indigenous Australians, society is now witnessing an increase in aboriginals gaining a voice in today’s society. Described by Pat Dodson (2006) as a seminal moment in Australia’s history, Rudd’s apology was expressed in the true spirit of reconciliation opening a new chapter in the history of Australia. Considerable debate has arisen within society as to whether aboriginals have a right to land that is of cultural significance and whether current land owners will be able to keep their land.

The term ‘Native Title’ refers to the right of Indigenous people to their traditional land. In Australia it has a legal significance of the right to an area of land, claimed by people whose ancestors were the original inhabitants of the land before European settlement. Also who can prove that they have had a continuous connection with the land. Native Title is the term given by the High Court to Indigenous land rights by the Court in Mabo and others v State of Queensland (No.2) [1992] HCA 23. The case required

After Captain James Cook ‘discovered’ Australia in 1770 he claimed the land for Britain assuming Australia to be of ‘Terra Nullius’. This principle of British law meant the land could be claimed as it belonged to no one. This was not true as the Indigenous Australians had been living in the country for over 50,000 years and were owners of the land. Nevertheless it was seen as not belonging to