Eddie Mabo Land Rights

Decent Essays
Native Title or Land Title is a common law that allows indigenous people to own their traditional land and/or waters. In 1993 Native Title became a part of Australian law because Eddie Mabo influenced the high court to understand and acknowledge the bond that some indigenous groups share with their land/waters. Torres strait islanders or aboriginals are now able to claim native title over land that isn’t residential freehold, farms held in freehold, residential or commercial purpose leases, public works such as hospitals, roads or schools this is because “Land ownership is an important foundation for economic activity by indigenous people.” (Native Title And Land Rights) this is why the Australian government provides a large and important amount …show more content…
In 1959 Mabo moved to Townsville and later in 1974 Land Rights became his focus. Mabo found out that ‘his’ land was in fact crown land when he was out for lunch with Noel loos and Henry Reynolds who were colleagues at the time “we were having lunch one day when Koiki was just speaking about his land back on Mer, or Murray island. Henry and I realised that in his mind he thought he owned that land, so we sorta glanced at each other, and then had the difficult responsibility of telling him that he didn’t own the land, and that it was crown land. Koiki was surprised, shocked… he said and I remember him saying ‘no way, it’s not theirs, it’s ours.’ “ (Loos & Reynolds, n.d.). During 1981 Mabo gave his first land rights speech which was held at the James Cook University in Townsville. In his speech, Mabo explained the traditional land ownership and inheritance system that the community followed on Mer island. Many in the audience saw the significance of Mabo’s speech including a lawyer who suggested that there should be a test case to claim land rights through the court system. Solicitor, Greg McIntyre took the case and represented Mabo and they both applied for research grants from the Australian Institute Of Aboriginal And Torres Strait Islander Studies (AIATSIS) which was

Related Documents

  • Decent Essays

    Mabo Decsion Case Study

    • 145 Words
    • 1 Pages

    The Mabo decsion is a legal case that was held in 1992.The legal decision was made in the high court 3rd June 1992. It was named after Eddi Mabo he challenged the Australian legal system anf fought for the rightd and recognition of Aboriginal and Torres Strait Islander people of their land. Eddi Mabo was a Torres Strait Islander who believed the Australian laws on land and ownership were wrong and he fought to change them. The result of the case ran for 10 years.…

    • 145 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    From Little Things Big Things Grow The song “From Little Things Big Things Grow” is a song written and released in 1991 by Paul Kelly and is a song about the protest from the Gurindji people and Vincent Lingiari during their argument about land rights at Wave Hill station in August 1966. The Gurindji strike at Wave Hill station was an revolutionary incident that occurred in August of 1966 at Wave Hill station in the Northern Territory. On the eponymous date in 1966, Vincent Lingiari, a spokesman for the Gurindji people, led his fellow Gurindji compatriots and walked off their worksite and began a seven year strike.…

    • 723 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Calder Case Summary

    • 1417 Words
    • 6 Pages

    Calder V. British Columbia Attorney General [1973] SCR 313 Calder case is a pacesetter for aboriginal jurisprudence in Canadian supreme court. It is the first to recognize that aboriginal title to land exist as a sui generis type of right in Canada at the time of time of the Royal Proclamation Order of 1763 and does not devolve from the colonial, Crown law, treaty or statute. The main issue for determination in this case was whether Crown authority lawfully extinguished the aboriginal title to the ancestral land occupied by the Nisga’a tribe that pre-existed at the time of the Royal Proclamation Order of 1763. The case was ended as a deadlock, the court split three to three in favor and against the appeal, while the seventh judge dismissed…

    • 1417 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The court case was Delgamuukw et al v The Queen from March 8th, 1991, where 2 tribes, Gitxsan house and Wet’suwet’en house’s hereditary chiefs claimed Aboriginal rights over about 22,000 square miles of land of their traditional territories along the basin of the upper Skeena River to Legate Creek to Skeena’s headwaters and its surrounding tributaries. The land was divided into 133 individual territories and claimed by 71 houses. The Gitksan consist of approximately 4,000 to 5,000 people while the Wet’suwet’en has approximately 1,500-2,500. For evidence, the Gitksan/Gitxsan brought up their “adaawk,” a collection of sacred oral traditions about their ancestors, histories, and territories while the Wet’suwet’en has a “kungax” which is their spiritual song, dance, and performance which ties them to their land.…

    • 595 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Greg McIntyre and Eddie both applied successfully to conduct research for the case. ("Eddie Koiki Mabo", 2015) 20th of May 1982, Eddie Mabo and other Mer Islander civil rights activists Sam Passi, Celuia Mapoo Salee, Reverend David Passi and James Ricebegan their legal claim for their land rights with the High Court of Australia. The case was know as the 'Mabo Case' as Eddie Mabo was the first named claimant. The legal doctrine of native title was inserted into the Australian law: 'In recognizing the traditional rights of the Meriam people to the islands in the Torres Strait, the Court also held that native title existed for all Indigenous peoples in Australia who held rights in their lands under their own laws and customs prior to the assertion of British sovereignty and establishment Colonies across the continent from 1788.' As the new doctrine replaced the terra nullius which the British claims were justified as a wrongful legal presumption of how the indigenous people were not settled by law to use the land.…

    • 853 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Hotel Bone Poem Analysis

    • 1029 Words
    • 5 Pages

    Q. 1 Write about 3 lines for each of the following about the significance for Indigenous Land Rights in Australia: (a) “Terra nullius” Terra Nullius means that land without. When Captain Cook and his crew was in Australia , they decided the land was Terra Nullius. They acknowledge Indigenous people because of their primitive life. The High Court's Mabo judgement overturned the Terra Nullius fiction in 1982. (b) Protective legislation…

    • 1029 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    During the 1970’s and 80’s, Daniels was one of the leading Aboriginal leaders in national Constitutional negotiations. He…

    • 645 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Tsilhqot Case Analysis

    • 1517 Words
    • 7 Pages

    Provincial and federal governments take advantage of and use unclaimed Aboriginal land, often ignoring legal standards. In 2014, the Supreme Court has enforced constitutional procedures the Canadian government must take relating to Aboriginal land claims in the Tsilhqot’ in Decision. This Precedent setting case will strengthen Aboriginal rights for protecting their traditional territories and bring about change within their communities. By analyzing the legal policies our government must abide by, as well as the implications of the precedent its self, we can see how it will benefit and create more rights to Aboriginals. The case through its decision will also indirectly bring about positive change within Aboriginal communities.…

    • 1517 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    A significant event for the civil rights of Aboriginals and Torres Strait Islander people was the Mabo Decision which occurred in 1982 and ended in 1992. The Mabo Decision a case for which Eddie Koiki Mabo fought for the tradition rights and ownership of the Island of Mer otherwise known as Murray Island. During 1788 Australia was claimed ‘Terra Nullius’ by the British and as a result all land that traditionally belonged to the Aboriginal and Torres Strait Islanders was taken away. Soon Aboriginals didn’t have the rights of the land that they lived on and were not counted as an Australian citizens. Eddie Koiki Mabo was an Indigenous activist that fought for the civil rights of Indigenous Australians and believed that the land he lived on belonged to his ancestors.…

    • 938 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Indeed, the Mabo decision shattered “the spirit of Terra Nullius” drafted in the Australian Constitution and appealed for constitutional reform which would acknowledge the Aboriginal people and reveal the new reality of the Australian society. As McKenna wrote, “At the 1998 Constitutional Convention, the preamble would become the only constitutional vehicle for advancing reconciliation” (2004, p.44). The Constitutional Convention helped to create the perception that the preamble was a necessity for the republican movement and reconciliation but the Howard-Murray preamble was an affront to the reconciliation movement because it did not recognized the legitimacy of the historical injustice suffered by Aboriginal people which was the basis of their political request. McKenna demonstrated that the use of language is a major factor to define the Australian identity in the…

    • 1252 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Tully's Argument Analysis

    • 1068 Words
    • 5 Pages

    Rights and interest of equal legitimacy” (Tully 230). Aboriginal peoples and settlers would coexist as self governing entities who are equal. (Tully 234) In doing so would reverse the assumptions of unilateral authority vested in the Canadian state and allow Aboriginal peoples to be recognized as self-governing entities with sui generis rights that are not subjects to the Canadian government or minorities with persisting or extinguishable rights. The legitimization of Indigenous legislative power would include the right to hunt, fish, educate their children, speak their language, and express their culture without the suppression of the Canadian state (Tully…

    • 1068 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Aboriginal people still do not feel that the recognition process which began after WW2 in 1967, is reasonable and just. Megan David argues that Australian needs a more in-depth acknowledgement of the injustices which occurred such as the Frontier war, the Killing times, the Protection era the stolen wage and the stolen generation . There are many contemporary issues which are not creating Indigenous recognition. As written about by Peter Seidel the Indigenous Yorta Yorta people lodged a native title claim in 1994 for what is rightfully theirs and, in their claim, they sought recognition of basic truth; that they had always been an intimate part of Yorta Yorta country. For many years they fought for their native title but in 2002 the High Court dismissed their appeal because there was an ‘interruption’ in the Yorta Yorta observance of traditional law and custom in 1881.…

    • 1432 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Historically, from the outset Indigenous people were excluded from the Constitution and deemed an inferior race with British colonizers aim to eventually wipe Indigenous people out or have the assimilate into colonised way of life (Rolls 2001, 7). This notion and idea of race as Langton argues is an out-dated ideology, a western idea that helped support colonialism which has been deeply ingrained into Australian society. Theorist, Albert Memmi talks about colonised and the coloniser, furthermore Memmi discusses that successful colonisation of one group over another requires two things being; the oppressed themselves accepting the role in which they have been given and the creation of an oppressor being inherently dominant and controlling in nature. Memmi’s studies coincide with Langton’s argument, drawing upon the UN declaration of the Rights on Indigenous people which directly states, “Affirming doctrines, policies and practises based on advocating superiority of people or individuals based on national origin and or racial or cultural differences are scientifically false and legally invalid” (Langton 2016,…

    • 1170 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    First Nation People

    • 1779 Words
    • 8 Pages

    INTRODUCTION The First Nation people underwent lots of changes during the pre-contact to the fur-trading period and then again in the settlement period. The Prairies region in the western Canada consists of the provinces of Alberta, Saskatchewan and Manitoba. The First Nation people who lived there consist of Kwakwaka’wakw, Tsimshian, Haida, Cree, Athapascans, Blackfoot, Metis etc. During the pre-contact period the lifestyles of the First Nations peoples underwent many changes such as adjusting to the harsh environment, maintaining their society status with significant wealth, development of cultural complexity and emerging with the European contact.…

    • 1779 Words
    • 8 Pages
    Improved Essays
  • Great Essays

    "Given the history of the European colonisation of Australia, many Aboriginal and Torres Strait Islander people are wary of white institutions and social welfare’ (Chenoweth & McAuliffe 2015, p.268). Identify and discuss one or two policies or pieces of legislation that have impacted on Aboriginal and Torres Strait Islander people and how the effects can be seen today. During the European colonisation of Australia, oppressive laws functioned to subjugate and control the indigenous population. The Aborigines Protection Act, 1909 (APA) (Cth) and the child removal policy were particularly devastating, stripping Indigenous people of basic human rights and freedoms, and robbing generations of their connection to their families and culture. Although the Act was abolished in 1969, the trauma…

    • 1586 Words
    • 6 Pages
    Great Essays