Mabo case significance. Eddie Mabo 2019-02-21

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Mabo Decision (1992): Importance and Aboriginal Rights

mabo case significance

He married Bonita, his teenage sweetheart and with whom he had 10 children in a loving partnership that lasted 30 years. The aim of the legislation was to retrospectively extinguish the claimed rights of the Meriam people to the Murray Islands. The decision meant the original case could continue. Archived from on 17 March 2011. Ten years later, he conceded his fears were unfounded. It is a repeat of old objections to the Land Rights legislation in 1970's in the Northern Territory, in the 1980's in the Western Australia and Victoria and in 1990's in Queensland and so on. .

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Mabo decision

mabo case significance

Courtesy High Court of Australia Prime Minister Paul Keating announced to the nation that Mabo was an important turning point… for a new relationship between indigenous and non-Aboriginal Australians. This changed again in 1992 with the High Court judgement on the land mark Mabo case. The Mabo decision was named after Eddie Mabo, the man who challenged the Australian legal system and fought for recognition of the rights of Aboriginal and Torres Strait Islander peoples as the traditional owners of their land. Professor Langton emphasised that native title has become more than a legal right, it has developed into an economic right. He was, if you like, an Australian Nelson Mandela, someone who led his people in a struggle against incalculable odds, to what was rightfully theirs.


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Mabo Decision (1992): Importance and Aboriginal Rights

mabo case significance

Eddie Koiki Mabo was born on Murray Island in 1936 and was an Indigenous Australian. It fundamentally altered the legal, political and social relations between Aboriginal and non-Aboriginal people: and, in recognising the traditional rights of Murray Islanders, it changed Australia forever. Courtesy High Court of Australia Collection High Court of Australia, Canberra, Australia. See animation The Mabo decision ended forever the idea of terra nullius in relation to Australia, when it recognised the Meriam people as the owners of the Murray Islands. You Murray Islanders have won that court case. This panel brought together leading experts to reflect the case's impact on the construction of native title as form of land justice for Indigenous people in Australia.

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Five things you should know about the Mabo decision

mabo case significance

But one thing that helps historians is the time period this was published. This decision β€” known as the Mabo decision β€” recognised that Aboriginal and Torres Strait Islander peoples have rights to the land β€” rights that existed before the British arrived and can still exist today. The evidence presented included proof that the eight clans of Mer Murray Island have occupied clearly defined territories on the island for hundreds of years, and proved the continuity of custom on Mer. In 1974, he became involved in a discussion with two academics. Any one can appeal against the claims and the Mabo judgment ensures that whenever there is conflict between titles granted by the crown and the native title, the native title loses. Later in 1992, Mabo was posthumously awarded the Australian Human Rights Medal. The Tribunal is based in Perth and there are registries in all capital cities.


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Five things you should know about the Mabo decision

mabo case significance

As such, it is the same right as is being enjoyed by rich Aboriginal Australians since colonisation. The Mabo judgement also ensures that whenever there is conflict between titles granted by the Crown and the native title, the Crown prevails. This enabled the High Court to begin hearing Mabo No. By the end of 1993 the was passed. This provision is in line with existing State practices with respect to mining grants over freehold land. For example, the Act confirms the potential to settle difficult cases by negotiation and further recognises that agreements might be reached on a regional basis. Up to April 2010, 84 native title cases had been dealt with by the courts, and 854,000 sq km 330,000 sq miles is now covered by native title determinations.

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Five things you should know about the Mabo decision

mabo case significance

The Native Title Act 1993 is part of the Commonwealth Government's response to that historic High Court decision. In June, the Castan Centre hosted a public forum in recognition of the 20th anniversary of the Mabo case. Yet, the first colonialists decided, for commercial reasons, to ignore all that and peddle the view that Aboriginal people were primitive, disorganised, culture-less creatures who deserved no rights over land. The Mabo Case Eddie Mabo is widely known for his plight to regain land rights for… 732 Words 3 Pages non-indigenous people in many different and inspirational ways. He moved to mainland Queensland, where he worked at various jobs, including deck hand, cane cutter and railway labourer. The High Court Mabo Case Decision No. Five months later, on 3 June 1992, the High Court announced its historic decision, namely overturning the legal doctrine of β€” which is a term applied to the attitude of the British towards land ownership on the continent of Australia.

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Mabo case

mabo case significance

Dr Keon-Cohen, described these packages as a realistic means to overcome the huge evidentiary burden of proof on native title claimants and the reality that Indigenous peoples have only a slim chance of establishing a native title claim in the courts. This was based on the fact that if someone else had been using the land, then an Indigenous person could not have maintained a continuous, traditional link with that land β€” which is the basis on which native title is granted. They are now trying to say I cannot own it. A reputation as a radical was a heavy burden in Queensland at the time. Australian Institute of Aboriginal and Torres Strait Islander Studies.

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Mabo case

mabo case significance

He was another victim of Terra Nullius, like so many of his fellow indigenous people had been before him. Why was he fighting for the land rights of Murray Island? The movement inspired by Mabo, led to the consequence of appealing to the Supreme and High Court of Australia to challenge for ownership of their lands. Court cases, such as the Milirrpum v Nabalco case of the 1971 and the Mabo v. Dr Keon-Cohen began by acknowledging that many communities are disappointed and aggrieved that the current system is not delivering land justice. By then, 10 years after the case opened, both Celuia Mapo Salee and Eddie Mabo had died.

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Significance

mabo case significance

In such cases, any action in relation to that land, such as the processing of mining applications, may proceed. In acknowledging the traditional rights of the Meriam people to their land, the Court also held that native title existed for all Indigenous people. 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' Terra nullius had been proven to be fiction and both ultimate title and native title were recognised and protected by common law. It also led to the Australian Parliament passing the Native Title Act in 1993. The Mabo case ran for 10 years. At the age of 16, Eddie was exiled from Murray Island for breaking customary law.

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Australians Together

mabo case significance

The case was heard over ten years through both the High Court and the Queensland Supreme Court. However, the state did have the power as sovereign to extinguish pre-existing ownership rights. There are currently 629 registered Indigenous Land Use Agreements β€” a voluntary agreement between a native title group and others about the use of land and waters β€” in place. Mabo expressed disbelief and shock. However, these recommendations have not since been taken on board by the Attorney-General's Department. This was apartheid in Australia, not South Africa. Future mining grants will not extinguish native title.

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