The Legacy of Eddie Mabo, a Milestone of Hope for Indigenous Australia
Introduction
The life and legacy of Eddie Koiki Mabo continues to be one of the most influential and hopeful milestones in the reconciliation of Australia’s indigenous people. Against all odds, Mabo strived and succeeded in claiming back land rights that were taken away by settlers and brought significance to the land claims of indigenous people. However, this was not a case of one man’s right to land, but a case of many cultures’ right to hope. Eddie Mabo’s legal victory against the Australian government provided hope for the future of culture, traditions and custodians of Indigenous Australia.
Life as an Indigenous Person in Early Australia
Mabo was born into an Australia of racism and inequality, where hope within the Aboriginal and Torres Strait Islander people was seemingly nonexistent. Mabo was born in 1936, over a decade before Indigenous Australians were considered Australian citizens and 39 years before the eventual removal of the infamous White Australia Policy (Jupp, 2006).
The Story of Eddie Mabo
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However his real story begins at the age of 31 (in 1967), when he became a gardener at James Cook University in Townsville (Rickard, 2008). This job was essentially his foot in the door and he described it as having a massive impact on his life, as it gave him the opportunity frequently talk with university historians and ignited his passion for land rights. This was furthered when, in 1974, he and two historians, Noel Loos and Henry Reynolds, were talking about Mabo’s land back home. Loos recalls “… (We) then had the difficult responsibility of telling him that he didn't own that land, and that it was Crown land. Koiki was surprised, shocked and even...” (Reynolds,
Assess the contribution of Charles Perkins to the struggle for rights and freedoms of Aboriginal people in Australia. Introduction - Charles Perkins made major contributions to the rights and freedoms of Aboriginal people. In the past, Australia did not recognise the rights and freedoms of Aboriginal Australians due to European settlements, when they arrived in 1788, they did not understand the aboriginal culture. They looked for signs of land ownership and found none. They claimed Australia as ‘Terra Nullius’ (No Body lands).
In 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.
After 10 long years Torres Strait Islander Eddie ‘Koiki’ Mabo has lead indigenous Australians to a victory over the Queensland government. This win this case is a historical moment, as of yesterday, the indigenous Australians have been recognised as the owners of Murray Island. Aboriginal and Torres Strait Islanders are known to have resided in Australia, 40,000 to 60,000 years before the British arrived in 1788. When the British took over they decided to take all the land for themselves even though the indigenous Australians were here first. This court case recognises indigenous Australians unique connection to the land and acknowledges that they have the rights to the land.
The Mabo Decision was a turning point for the recognition of the rights of Aboriginal and Torres Strait Islanders. From recognising ownership of traditional lands to raising awareness of racial discrimination, it affected the Indigenous Australian society in various ways. Firstly, the Mabo Decision was significant because it acknowledged the ownership of traditional lands by abolishing “terra nullius”, meaning that the land is empty and owned by no one. Previously, the British denied the Indigenous Australians' connection and ownership of the land by declaring that Australia was "terra nullius". However, on the 3rd of June, 1992, the High Court decided that the Merriam people were "entitled as against the whole word to possession, occupation
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.
Vincent Lingiari, an Aboriginal Stockman and land rights leader, according to records, he was born in 1919, no date given. Vincent was the son of Gurindji parents, who were employed at a vestry-owned cattle station called Wave Hill owned by a British company, because Australia was apart of the commonwealth. At the age of 12, Vincent was absorbed into Wave Hill, to work at stock camps. As he grew older, he became a head stockman at the station, but at first, he wasn’t paid. His first time receiving and encountering the concept of money was in 1953, when he was lined up with his co-workers and received €5 for his work.
The Mabo Decision was the turning point for the recognition of Aboriginal and Torres Strait Islander rights. Firstly, the Mabo Decision was significant because the decision was the lead up to the recognition of Aboriginal Rights. The Mabo Decision was the movement that made everyone fully recognise the Aboriginal people as humans, and official citizens of the country. The Decision also raised awareness to the discrimination the Aboriginal people were facing before the referendum.
Charles Perkins, born in Alice Springs 1936, was a controversial leader within the Aboriginal community. Perkins was known both for this willingness to fight for what he believed in, and his determination, although this confidence brought him into conflict with community leaders and the government. Perkins was involved in the ‘Freedom Ride’ travelling through rural New South Wales in the early 60’s. This ride was a significant contribution highlighting the predicament the Aboriginals faced. Being Aboriginal himself, this ride demonstrated that Aboriginal people could stand up for themselves.
This moment was seen as a pivotal point in Aboriginal History as Gough Whitlam poured soil from the Gurindji land into the palm of Aboriginal elder Vincent Lingiari at the ceremony of purchasing the pastoral lease. In May 2004, Vincent Linguari the leader during the initial strike at the Cattle Station was memorialised as part of the reconciliation place in Canberra (Korff, Jens. 2014) The Wave Hill Walk off was different from previous Aboriginal strikes, it was the first to receive strong support from the trade unions and other organisations around Australia and the attraction of the media and involvement of the author Frank Hardy gave the Gurindji’s grievances more of a wider scale audience
After an unfortunate loss and denied claims in the Supreme Court of Queensland, Mabo and his team took the case back to the High Court of Australia, where they initially filed a writ (a form of written command in the name of a court or other legal authority to act, or abstain from acting, in a particular way) in 1982 to claim ownership of their ancestral land. The Case of Mabo v Queensland (N.2) asked the High Court whether the Meriam people of the Murray Islands were permitted to hold native title over their land. This idea had not been tested earlier as the doctrine of terra nullius was seen to concern all Australian land. The plaintiff’s argued that Meriam people should be given the right to the Murray Islands "as owners; as possessors; as occupiers; or as persons entitled to use and enjoy the said islands".
The situation no longer directly affected the Non-Indigenous Australians, as Non-Indigenous Australians had thought that the process of reconciliation was complete, with the matters of the Indigenous Australians now handed over to the Australian Government. Over the course of the next 10 years, the nation became apathetic towards indigenous affairs, however public interest was revived in 1982 when Eddie Mabo, an Indigenous land rights activist and several others challenged action against the State of Queensland and the Commonwealth of Australia in the High Court over Indigenous land rights in the Murray Islands. This gained massive media coverage, as it was the first time that the issue of Indigenous land rights had been raised at a federal level. At this time, it was unexpected, as many, again, believed that the altering of the constitution had closed the seal on reconciliation. It was not a high priority for the Government who, at the time, was trying to meet the political demands driven by the public to fix the Australian economy, which whilst booming, was leaving thousands unemployed, with high-interest rates, a catalyst for impending disaster.
Reynolds exposes the persecution of Indigenous People, describing the entrenched belief in Aboriginal inferiority common in 70s North Queensland, recalling one school principal who said he ‘did not expect much from [Aboriginal children] because they had smaller brains’. The ‘confidence and complete certainty’ with which the comment was made conveys how deeply negative ideas about Aborigines had been ingrained. These attitudes resulted in an assumption of superiority by white citizens, who Reynolds writes expected ‘lowered eyes and a submissive downward tilt of the head’. Reynolds’ personal voice resonates with condemnation for the oppression faced by Aborigines, illustrating how his perspective has been shaped by his experience of race relations. By sharing this account, Reynolds raises questions about the historical origins of the racial tension he experienced.
Eddie had a strong passion for his hometown that drove the proud Torres Strait Islander to then undertake a 10-year legal battle, which rewrote Australians history for the better. During 1982 Eddie Mabo led the Indigenous people of Mer Island. As a troop, their main argument was to clarify that many generation of the Meriam people had lived on the island, when then was even prior to the arrival of all Europeans. They all believed that they were the first and traditional owners of the land. Terra Nullius was another one of there arguments even though the Europeans had taken charge and claimed it in 1770.
3. The gradual development of a new administrative and practical definition of ‘Aboriginality’. This definition was based on community and self-identification, not just a person’s DNA or
Mabo: The Mabo case was a judgment in the High Court of Australia in 1992 affirming that Aboriginal people could still have rights to land taken by settlers. Wik: The Wik decision was a legal judgment made in Australia in 1996 that protects the right of Aboriginal people to own land. However, it stated that Native Title could co-exist with other rights on land under pastoral lease but, if there is a conflict between Native Title and lease, the rights of the leaseholder will