Mabo Case Study

Improved Essays
The Mabo Decision was the result of Eddie Koiki Mabo 's efforts to campaign for Aboriginal civil and land rights, a response to the discrimination Aboriginal communities have been subjected to in their own land, beginning from the arrival of the First Fleet and continuing to the present day despite numerous efforts. Prior to Mabo, the policies of Terra Nullius and Crown Land were seen as an unfair violation, and no representatives from the Aboriginal and Torres Strait Islander community decided to litigate it in court until Mabo and others from Murray Island took initiative. Eddie Mabo 's campaign for civil rights succeeded through legislation such as the Mabo Decision, Native Title Act, and the Wik Decision. Their campaign was highly effective in the way of Aboriginal civil rights; the Mabo case and its subsequent outcomes became significant for the Aboriginal and Torres Strait Islander community.
The policies of Terra Nullius and Crown Land favoured European beliefs of land over Aboriginal beliefs; several campaigns were held to protest against this prior to Mabo. Aboriginals believed
…show more content…
The Mabo case was much more successful than its predecessors, it was a effective response to the unfair treatment that Aboriginal people faced from European settlers and the Australian government. The outcomes were successful in allowing Aboriginal people to have their recognition as the rightful owners of their land legitimised by law. The Mabo v Queensland case, the Native Title Act, and the Wik Decision, were all key factors in the restoration of land rights for Aboriginal people. The aforementioned legislations all signified victory in Mabo 's campaign and subsequently provided a sense of civil rights for the Aboriginal community of Australia; Mabo will forever be revered as a hero in Australian history due to his

Related Documents

  • Decent Essays

    Mabo Decsion Case Study

    • 145 Words
    • 1 Pages

    The High court should have not decided on Terra Nellius and it shouldn’t have been applied to Australia. It recognised Aboriginal and Torres Strait Islander people rights to the land that exisited before the British arrived. It was a turning point for recognition for peoples rightd…

    • 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 Mabo Decision

    • 884 Words
    • 4 Pages

    Outline the importance of the Mabo Decision, Native Title Act and Wik Judgement for the Land Rights movement (5 marks)
The Land Rights movement aimed to lead Aboriginal people towards regaining access and ownership to their sacred sites and traditional lands that were lost by European settlement. This movement was instigated by Charles Perkins through his Freedom Ride in 1965 and Vincent Lingiari, the elder of the Gurindji people, who promoted the Wave Hill Strike in 1966. In 1992, Eddie Mabo, on behalf of the Murray Island people, successfully overturned the concept of ‘terra nullius’ in the High Court as they ruled that Australia was occupied at the time of British settlement. In due course, this decision led to the creation of the Native…

    • 884 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

    “ who do you reckon this land belongs to? Not to you mate” (P.158). Aboriginals were thought to not be capable of owning property or making any decisions for themselves. White Australians attitudes shown towards Aboriginals were very different. They were thought to be incapable of doing anything useful, inferior to everyone else and there opinions were never…

    • 724 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Wave Hill Walk Off Essay

    • 930 Words
    • 4 Pages

    The Australian Strike at Wave Hill station(August 1966), commonly known as The Wave Hill “Walk off” symbolised a turning point in aboriginal rights, as Aboriginal workers abandoned their duties at the cattle station in protest of poor wages and working conditions. The strike soon shifted its motives and became an issue of humanitarian rights, as the Gurindji people were denied ownership of their stolen land. The issue swiftly became symbolic of maltreatment of Aboriginal people throughout Australian society and due to widespread campaigning of Aboriginal rights, the Aboriginal Land Rights (Northern Territory) Act of 1976 was put into affect, which ultimately allowed Aboriginal tribes to reclaim land of historical and cultural significance.…

    • 930 Words
    • 4 Pages
    Improved 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
  • Superior Essays

    The Aboriginals knew that the Canadians had more power than them, and they were in a higher class than them because the more of the Canadians were in control. Therefore, they chose not to demand, nor debate, because they knew what the results were going to turn out to be. Similar to this example, the British and French were able to possess and take control of more land, as the number of treaties signed by the Aboriginals began to…

    • 1089 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Aboriginal Dreaming

    • 589 Words
    • 3 Pages

    However, Aboriginal’s persist to encapsulate the authentic Ancestral Dreaming, as a medium to succeed the indigenous ‘fight’ for land rights and native title. Here, their inextricable connection with the land is being restored through the land rights movement where they are able to foster their lost connection with the fabric of life- their inextricable connection with the land; through which the marks of dispossession are slowly fading. The notion of ‘Terra Nullius’ under the European settlers’ jurisdiction acted as a detriment to the Aboriginals, as it preached their mass genocide- genocide of their being and identity. Judith Wright accentuates that “the all-embracing net of life and spirit which had held land, and people, and all things together was in tatters. The sustaining ceremonies could not be held, men and women could not visit their own birthplaces or carry out their duties to the spirits”.…

    • 589 Words
    • 3 Pages
    Improved 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
  • Decent Essays

    Discrimination is also marked among the Aboriginal people themselves. According to Richard Frank, a director to Aboriginal people, Some Aboriginal people have light colored skin while others have dark colored skin. The difference in the skin color among the indigenous Austrian people leads to lateral violence amongst themselves with the light colored Aboriginal discriminating the dark colored Aboriginal people. This is an issue that is currently common among the Aboriginal people. When the British arrived in Australia in 1788 and announced the land as their own under the terra nullius rule, the immediate impact of it on the locals was a cancellation of their rights and citizenship.…

    • 127 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    MOHO Vs PEOP Case Study

    • 807 Words
    • 4 Pages

    In occupational therapy, Model of Human Occupation (MOHO) and Person- Environment- Occupational Performance (PEOP) Model are two fundamental frameworks. MOHO was developed from 1960s onwards by Dr. Gary Kielhofner, which was the first occupation- based model to explain occupation and occupational problems, while PEOP is a client- centred and top- down model, focusing on the relationship between individual, group and community since 1980s. In this essay, these two models will be compared and contrasted in regard to their basic assumption, components and application. To begin with, MOHO and PEOP have different basic assumption.…

    • 807 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Discrimination Against Aboriginal People In Canada: The Fight Isn’t Over The lives of the Aboriginal people in Canada have never been the same since European settlers unjustifiably stole their native land right from under their feet. Life for Aboriginal people will always be affected by the European colonization of Canada, and discrimination against the first nations community still exists to this day.…

    • 1127 Words
    • 5 Pages
    Great 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