Mabo Case

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

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

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.

On August the 16th, 1975, Gough Whitlam, the Prime Minister at the time, organised a ceremony so that he could give the land back to the Gurindji people. At the ceremony, Whitlam grabbed some soil from the ground and said “Vincent Lingiari, I solemnly hand to you these deeds as proof, in Australian law, that these lands belong to the Gurindji people and I put into your hands part of the earth itself as a sign that this land will be the possession of you and your children forever.” And although the land had been given back, the name was not open to change until 1986, 2 years before Lingiari’s death.

The Mabo decision took place in 1974, it was a significant event for the civil right of Aboriginal and Torres Strait Islander peoples. Before the Mabo case, indigenous people did not receive the basic human right in Australia, they have to fight, in order to vote, paid equally, to be served in shops and go to public places with the white Australian. In 1974, Eddie Mabo discovered that the island they live in does not belongs to the Meriam people, so he decided to claim the land right through the Australia court system. The Mabo case causes lots of changes to the indigenous people, but there are still some challenges remains for them.

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.

Howard Government in regards to the response to the Wik case and meant it harder to make

Mabo was a long-running case launched by the Meriam people of the Murray Islands to challenge the validity of state land laws and seek recognition of rights to land.

The case of Mabo decision with Queensland government was one of the most significant legal case in Australia, which recognised the land rights and the original ownership of Murray islanders in the Torres Strait. It was acting by Murray islanders and the High Court upheld. Based on the successful legal case, there are some key issues in the process for Indigenous’ land rights, which were changed in Australia law and affect future rulings in Australia, such as the Native Title ruling of the Aboriginal people’s land rights after the High Court passed the Act in 1993; in addition, due to this alteration of Australian laws, it not only had a big impact of Murray islanders but also on some other groups of Aboriginal people’s land rights reform.

This case and the resulting test were instrumental in defining aboriginal rights. However, it was also very controversial as it confirmed one thing: aboriginal rights are not absolute and this has been highlighted in numerous cases whereby aboriginal rights being denied.

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 adversarial nature of Australia’s court system deal with facts and legal implications. Here lies the establishment of such principles that make the law

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

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