Mabo Decision
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.
The case was started by five Meriam people, Eddie Koiki Mabo, Reverend David Passi, Celuia Mapoo Salee, Sam Passi and James Rice. (Keon & QC, 2011) These men fought against the State of Queensland and the Commonwealth of Australia. In the early years, Mabo expelled from the island by Murray Council because of Mabo’s father, Robert Zezou Sambo was the leader of Murray islanders’ maritime strike at the same year when Mabo was born in 1936. The Mabo case was started in 1982; after ten years working on the litigation, the “Native Title Act” was passed in 1993. It signalled the success of the lawsuit and the rights of Murray people of their traditional lands, as well as Aboriginal people.
Due to the Murray Island became part of
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
The lengthy period, undertaken by Aboriginal and Torres Strait Islander people, shows the resource inefficiency in relation to the Native title law reform. The Mabo V Queensland began in 1985 and concluded in 1992 where the High Court ruled the Australia was not terra nullius, reinstating the original Indigenous Australians with native title over the land. This case lead to the Mabo V Queensland (no 2) which resulted in the legislation Native Title Act 1993. This case took place in the High court of Australia proving very inefficient in the way of time and money, due to the high costs and long trial period. This legislation met
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.
For the purpose of this report, a visit to the Melbourne Magistrate's Court was made on 22nd March, 2016. On this day, the second day of a four day committal hearing was heard regarding the matter of Omer Cicekdag, presided over by Magistrate Ann Collins.
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 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.
of the Act as the rights and interests of Aboriginal and Torres Straight Islanders observed under
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.
Mr Michael Burch expired while his four wheeler vehicle clean off in YR ( yarra ranges) shire on 13th November, 1998.
The case of Mabo v Others v State of Queensland (No.2) (1992) 175 CLR 1 (www.austlii, 1993), rewrote common law as the court ruled in a six to one majority, that the people of
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
On the 3rd of june, 1992, ten years after the land act fight , the High Court ruled by a six-to-one majority that the Meriam people held native title over Murray Island. The decision ended terra nullius an old english word used to describe a land that belonged to no other , and the introduction of the Native Title Act was formed (National native title tribunal,2017). Legal proceedings for the case began on 20 May 1982, when a group of Meriam men, Eddie Koiki Mabo, Reverend David Passi, Celuia Mapoo Salee, Sam Passi and James Rice, brought an action against the State of Queensland and the Commonwealth of Australia, in the High Court, claiming 'native title' to the Murray Islands (AIATSIS,2017).
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