Land Rights Movement: The Mabo Case And Wik Decision
2. Examine the importance of the following for the land rights movement: Native title –Mabo case and Wik decision. (5 marks)
Aboriginal people experienced and still experiencing effects from the dispossession on their spiritualities. However, through the Land Rights movement Aboriginal people achieved part ownership to the land that is rightfully belongs to them. The three land rights movement, Native title, Mabo and Wik have an essential importance and significance to the Aboriginal people.
The Native title:
The Native title is of great importance for the land rights movement and for the Aboriginal Dreaming. The Native title recognises the rights of indigenous people on relation to the areas of land and water belonging to their particular
…show more content…
The state of Queensland (1992) is of great important to the land rights movement. In 1982, Eddie Koiki Mabo and a group of others took the government to court, as they wanted a legal recognition of the land because their ancestors and families had lived there. The Mabo case has a spiritual significance, as in the court Mabo and his fellow plaintiffs repeatedly quoted stories and morals related with Mambo’s ancestral deity and they explained how the land is related to their ancestors and has a significant importance. Father Dave Passi, another plaintiff in the case said “It is my father’s land, my grandfather’s land. I am related to it, it gave me my identity. If I don’t fight for it, then I will be moved out and I will be the loss of my identity.” Mabo stated that “terra nullius” had never legally existed and that it had been wrongfully applied to Australia. Although, the lost the case, the Mabo case was taken up to high court and as a result eighteenth months later, in response to the Mabo decision Federal Parliament passed the Native Title Act (1933). One of the High Court judges involved in the Mabo case, Justice Brennan, described native title as; “Indigenous inhabitants' interests and rights in land, whether communal groups or individuals, under their traditional laws and customs”. Thus, the Native title act was established as a result of the Mabo
The Economic Impact Of The Mahele Of 1848
596 Words | 3 PagesFrom a foreign perspective, one of the main reasons the Mahele was enacted was because of the western way of thinking towards land ownership. The western way of thinking towards land ownership was that each individual could purchase, own, and sell land (Cachola). As the foreigners were accustomed to that way of thinking, they were perplexed by by the fact that the Hawaiians didn’t have the same ideas in terms of land ownership. So, the foreigners demanded that they system be changed in a way they they could buy and own land in fee simple (Cachola). Also, they Mahele of 1848 was created because many foreigners craved the right to own land, mainly to start businesses and to have ownership of the land beneath their homes.
Eddie Koiki Mabo In The 1971 Gove Land Rights Case
149 Words | 1 PagesIn the 1971 Gove land rights case, Justice Blackburn ruled that Australia was terra nullius prior European settlement. This judgement was challenged for a total of 3 years but all attempts failed. However, on the 20th May 1982, Eddie Koiki Mabo and 4 other Indigenous people began their legal claim for ownership of their traditional lands on the island of Mer in the Torres Strait. The case was later taken to supreme court and after ten years, the case was closed and the government granted the indigenous people of australia their rightful land. Before this, Eddie had been helping his community from a young age.
Summary Of Lindsay G. Robertson's Conquest By Law
1879 Words | 8 PagesLindsay G. Robertson's Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands centers on the landmark 1823 Supreme Court case Johnson vs. M'Intosh. Robertson's research provides previously undiscovered knowledge of the circumstances surrounding the case, placing the case in a new context both politically and judicially. Robertson tells the story of a costly mistake, one made by the American judicial system but paid for by an indigenous people who to this day suffer from the effects of American settlement. As reviewer Christopher Tomlin writes, "Robertson's narrative is far less concerned with parsing its legal doctrine, than with the historical circumstances of the case itself." Robertson begins his
Mabo Case Analysis
113 Words | 1 PagesOn 3 June 1992 the High Court of Australia handed down its decision in Mabo vs The State of Queensland, ruling that the treatment of the Indigenous property rights based on the principle of terra nullius was wrong and racist towards the Aboriginals. The court ruled that indigenous ownership of land has survived where it has not been extinguished by a valid act of government and where Aboriginal people have maintained traditional law and links with the land. This legal recognition of Indigenous ownership called Native Title. The court ruled that in each case native title must be determined by reference to the traditions and customary law of Indigenous owners of the land.
Edward Koiki Mabo Essay
996 Words | 4 PagesIn the 1980’s, national campaigns for land rights laws began and Eddie spoke at a 1981 land rights conference on land rights in the Torres Straits. On hearing his speech, Lawyer, H. C. ‘Nugget’ Coombs, encouraged Eddie and other Meriam people to establish ownership of their lands through the High Court of Australia, and on 20 May 1982, Koiki and four other Meriam Men began their fight for ownership of their lands on Murray and Dauar Islands through the Australian High Court. Koiki was named the first plaintiff, so the case became known as the Mabo Case. Research grants from AIATSIS helped out with the case, but the Queensland Government introduced a sneaky new law in 1985 to crush their chances for native title. Koiki and his colleagues challenged this new law and won, as the High Court found in 1988, this new Queensland law breached Australian racial discrimination laws—Mabo v. Queensland [No. 1].
Why Is Eddie Mabo Important
938 Words | 4 PagesTheir island in the Torres Strait was at a possible risk of building being built on the island and the indigenous people and Mabo wanted to make sure that didn’t happen and that they could keep it safe. The Meriam people believed that they were the original owners of the land as well as the nearby seas and that the non-indigenous Australians had no land right to the land. The court case took 10 years of fighting by the Meriam people, and most importantly and especially Eddie Mabo. Finally on June 3rd 1992 the Meriam people were announced the true owners of the island and they were granted their land rights. This case gave many other Indigenous people an opportunity in life and gave others courage to stand up for themselves and their land which worried the government as much of the disputed land was being used for profitable purposes.
The Significance Of The 1992 Mabo High Court Case
702 Words | 3 PagesThe 1992 Mabo High Court case represents one of the most profound cases in Australian history leading to the turning point of Reconciliation for Aboriginals and Torres Strait Islanders. As a result of this decision, it changed the legislation of the indigenous Australians introducing land rights and impacted the indigenous Australians society rights and freedom as a more desirable outcome in the movement towards Reconciliation. The 1992 Mabo court case was a pivotal turning point in the progressive Reconciliation in Australia. It paved the pathway for Indigenous land rights and confronted the state of Queensland and Australian commonwealth to regain their freedom and equality.
Who Is Joyce Clague A Political Activist For Indigenous Australians?
1014 Words | 5 Pages“Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death” (What are human rights, 2017). Joyce Clague, born in 1938, is an inspirational and significant political activist for Aboriginal and Torres Strait Islander (ATSI) peoples. During the 1967 constitutional referendum and native title reclamation of Yaegl she contributed to helping ATSI people regain their native land and be calculated in the census. Before the 1967 referendum, ATSI peoples were not ‘counted’ in the census and therefore were not given any government subsidy such as social security funding, pensions or child endowment funds that the white population received if they were unemployed or not making enough to afford to raise their family (Taffe, Miller, 1996). The people of Yaegl, a strip of land on the Clarence River, NSW did not have their native land and it took 20 years of political work to regain their native land
Eddie Mabo Essay
974 Words | 4 PagesHis activism and leadership in the land rights movement helped to bring about important changes in Australian law and society, and his legacy continues to inspire Indigenous people around the world. One of Mabo's most significant contributions was his role in the landmark Mabo v Queensland case, which was decided by the High Court of Australia in 1992. This case overturned the legalism of terra nullius, which had been used to justify the dispossession of Indigenous peoples' lands by European colonizers. The court recognized that Indigenous peoples had a pre-existing system of land ownership and that this system had not been extinguished by British colonization. This decision paved the way for the recognition of Indigenous land rights in Australia and helped to establish a legal framework for the negotiation of land rights agreements between Indigenous peoples and the Australian government.
Arguing With Tradition Sparknotes
777 Words | 4 Pages“Arguing with Tradition: The language of the Law in Hopi Tribal Court” by Justin B. Richard is an investigative work that explores the dynamics of a contemporary Native American court system to understand the interaction of language and communication and how they affect Anglo-American jurisprudence. The book aims to record the influence of the Hopi traditions and customs on its legal and lawful proceedings eventually shaping the form of its entire constitutional and judicial system. The Hopi people strongly believe in the continuation and preservation of their cultural heritage as having an effect on the success of their future endeavors, owing to which they have made a conscious effort into molding the Anglo-American legal practices to conform
Dawes Act Research Paper
1127 Words | 5 PagesThis paper will give an overview of the act and how it impacted the Indigenous community into becoming
Oka Crisis In Canada
788 Words | 4 PagesEssay Outline The human race that inhabited the lands earlier than anyone else, Aboriginals in Canada had conquered many obstacles which got them to what they are today. In the past, Canadian Aboriginals have dealt with many gruesome issues that primarily involved the Canadians opposing them or treating them like ‘‘wards.’’ The Indian Act is a written law which controls the Indian’s lives and it is often amended several times to make Indian lives either peaceful or cruel but especially, cruel. Aboriginals found the Indian Act a massive problem in their lives due to it completely controlling them and how they lived on their reserve.
The Trail Of Tears: Andrew Jackson's Indian Removal Act
635 Words | 3 PagesThe Trail of Tears was a really dark time for the Native Americans. Which is a topic many of us skip over or don’t go into much detail about. Knowing what we have done wrong in the past helps us not to make the same mistake again and guide us as a nation. The Trail of Tears was like the Holocaust to all the Native Americans. There were all these white Americans that wanted the land that the natives had owned and president Andrew Jackson decided to use the Utilitarianism model which wasn’t the best option in this case.
Brown V. Board Of Education Case Analysis
759 Words | 4 PagesThis case was not just an event in history, but a strong point that supported and still supports equality to this day. People can use this case to help support their reasoning for what they believe in and why certain actions should
Critical Analysis Of My Mother The Land By Phill Moncrieff
728 Words | 3 PagesThe poem My Mother The Land by Phill Moncrieff poetically describes the struggles the aboriginal people faced with loss of their country, culture, identity, people and place at the hands of the European people and colonisation throughout history. Overall the poem effectively positions the reader to feel sympathy and empathy toward the aboriginal people and strong antipathy towards the European people furthermore it helps the reader understand the importance of country, culture, identity, people and place to the aboriginal
More about Land Rights Movement: The Mabo Case And Wik Decision
The Economic Impact Of The Mahele Of 1848
596 Words | 3 PagesEddie Koiki Mabo In The 1971 Gove Land Rights Case
149 Words | 1 PagesSummary Of Lindsay G. Robertson's Conquest By Law
1879 Words | 8 PagesMabo Case Analysis
113 Words | 1 PagesEdward Koiki Mabo Essay
996 Words | 4 PagesWhy Is Eddie Mabo Important
938 Words | 4 PagesThe Significance Of The 1992 Mabo High Court Case
702 Words | 3 PagesWho Is Joyce Clague A Political Activist For Indigenous Australians?
1014 Words | 5 PagesEddie Mabo Essay
974 Words | 4 PagesArguing With Tradition Sparknotes
777 Words | 4 PagesDawes Act Research Paper
1127 Words | 5 PagesOka Crisis In Canada
788 Words | 4 PagesThe Trail Of Tears: Andrew Jackson's Indian Removal Act
635 Words | 3 PagesBrown V. Board Of Education Case Analysis
759 Words | 4 PagesCritical Analysis Of My Mother The Land By Phill Moncrieff
728 Words | 3 Pages