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. They were counted in the census and the right to vote was given to the Indigenous was given to them by the Commonwealth in 1962 and by all States in 1965. Queensland was the last state to grant Abroginial people these rights.
Secondly, the Mabo Decision was important
They had their own traditional laws and customs and held a very strong and deep-rooted connection to their land. The British policy of the land being terra nullius, or “nobody’s land”, infringed the rights and customs of the Aboriginal and Torres Strait Islander people. The concept of terra nullius robbed the Indigenous population of their right to have possession of their traditional and revered land. Mabo firmly believed it was not the white government’s responsibility to deny rights to traditional Indigenous land.
On 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.
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.
In 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].
The Mabo decision of the high court in 1992 is vastly significant as it marks history as the victory of indigenous Australian land rights against the federal government, who had colonised their land and refused to acknowledge that Australia was originally owned by the ATSI people but became a terra nullius land due to the European colonists. The events that have occurred before 1992 such as the The Aboriginal Land Rights Act (NT) of 1976 and the bark petition is deemed less significant than the Mabo decision. I firmly believe that the Mabo case is an extraordinary achievement. it started in 1982 when Eddie Mabo brought up a case against the supreme court of Queensland that Indigenous Australians should have land rights. After almost a whole
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
Their 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.
Indigenous Australians had experienced a long history of dispossession, colonization, and marginalisation. The doctrine of terra nullius was used by the British to justify the of Indigenous lands, without recognising their traditional ownership or sovereignty. It was not until 1965 Indigenous Australians were allowed to vote, two years later 1967 Indigenous Australians were finally granted citizenship and in 1985 they were treated equal with other voters, ending almost two centuries of political exclusion. The Mabo decision is significant as it marked the first time the High Court explicitly rejected the doctrine of terra nullius and recognised the existence of Indigenous land rights. The case was named after Eddie Mabo, a Torres Strait Islander man who, alongside a group of Meriam people, challenged the Queensland state government with the Commonwealth and High Court to claim back their family land on Mer Island.
'If there existed any lingering doubt as to the applicability of the principles enunciated in Mabo to mainland Australia, that doubt is, as a matter of practicality, dispelled by the statement of Mason CJ in Coe v The Commonwealth (1993) 118 ALR 193. In the context of an application to strike out a statement of claim, his Honour said (at 200): 'Mabo [No.2] recognised that land in the Murray Islands was held by means of native title under the paramountcy of the Crown. The principles of law which led to that result apply to the Australian mainland as the judgments made clear. ' Mason v Tritton (1994) 34 NSWLR 572 at
After Clague’s contribution during the 1967 referendum, many ATSI peoples were more socially accepted due to the government recognising them as part of the population. The government accepting Aborigines as humans meant that they were politically acknowledged and able to be citizens of Australia, earning themselves passports and the ability to fly overseas. Before being politically accepted ATSI peoples weren’t allowed to be given passports if they identified as being Aboriginal (Australian Screen, 2017). Culturally speaking, after white settlement, almost all native land belonging to aboriginal peoples was ripped away from them, wounding connections between Aborigines and their ancestors. Joyce Clague’s rescue of ATSI people’s native lands, political acceptance toward Aborigines and social approval of being human all contributed largely to the livelihoods of ATSI
His 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.
This was all through the persistency of the protesting and riots. It as was stated by the Australian government “The Aboriginal Land Rights Act. The Aboriginal Land Rights (Northern Territory) Act 1976 was the first attempt by an Australian government to legally recognize the Aboriginal system of land ownership and put into law the concept of inalienable freehold title. The Land Rights Act is a fundamental piece of social reform.” (History Of Land Rights Acts , n.d.)
Throughout history, many events, objects and people defined change and continuity on Australian culture, particularly since the end of World War 2. In a time of heavy racism towards the Indigenous people of the land, Australians had created a deep and isolated relationship with Aboriginals. In 1996, a defining moment helped shape and change Australia’s popular culture for the better. At the 1996 Olympic Games located in Atlanta, Nova Peris was the first Aboriginal Australian to win a gold medal at this prestigious event. Not only was this an inspirational event, but it clearly showed a newfound respect and recognition towards the Aboriginals, and a continuity in the progress of breaking down the barriers racial prejudice have built between
Today Australia prides itself on being a place of fairness and equity for all its citizens. But the Australian Constitution still does not recognise Aboriginal and Torres Strait Islander Australians as the first people of this land. Importantly, we now know that Aboriginal and Torres Strait Islander people and their cultures form part of the longest culture on Earth and evidence of their presence in Australia is now dated back over 60,000 years. It is only right that modern Australia should recognise and acknowledge Aboriginal and Torres Strait Islander people and culture - past and present - in our Constitution to record their valued place as part of this country and our national identity. Most of the states - Victoria, Queensland, New South Wales and South Australia have already amended their Constitutions to formally recognise Aboriginal and/or Torres Strait Islander Australians as the first people and nations of their jurisdictions.
I believe one of the most significant referendums in Australia that was carried, is the 1967 Referendum to include Aboriginal people within Section 51 and 127 of the Constitution. Prior to the 1st of January 1901, the Australian Constitution took effect and the Commonwealth of Australia was formed. Under the laws of the Australian Government, Aboriginal and Torres Strait Islander peoples were not included as citizens. Instead they were treated as foreigners in their own land. On the 27th of May 1967, a Federal referendum was held to determine whether two references in the Australian Constitution, which discriminated against Aboriginal people, should be altered or entirely removed.