Mabo Oration

The Commission is hosting the inaugural Mabo Oration in June this year.

Mabo Day commemorates the anniversary of the 1992 High Court decision which changed Australia’s political and legal landscape. The decision reversed the notion of terra nullius (no one’s land) which had been in effect since the time of white settlement. (The idea of terra nullius meant that under British law all the land of Australia became Crown land. Aboriginal property rights were ignored as the land belonged to whomever the Crown granted or sold it to.)

A bit of history

Eddie Mabo’s ancestors lived for centuries on a group of three islands in the Torres Strait, near Cape York, known as the Murray Islands. The islands were annexed by the Queensland Government in 1879 and so became part of Australia. This meant that white rule was absolute and the traditional elders had little power.

Little changed, however, in the way of life of the Murray Islanders as a result of this -people continued to live in their settled communities; they maintained their traditional beliefs and customs; there was a clear way of passing on their plots of land, and ways of settling disputes about legal matters. It was into this lifestyle that Eddie Mabo was born.

 

Eddie Mabo

Edward Koiki Mabo was born in 1936 on Mer Island (or Murray Island) and, after his mother’s death, was given to his mother’s brother and his wife to raise.

From an early age, Koiki was taught about his family’s land.

At the age of twenty-three he married Bonita Neehow and went on to raise ten children with her.

1974 proved to be a turning point for Eddie Mabo. During a conversation about his land on Murray Island, he was told that he didn’t own that land, and that it was Crown land. His response was 'No way, it’s not theirs, it’s ours.'

As a result, he and others decided to challenge the claim of terra nullius in the High Court. Central to his argument was the belief that the land had been stolen in the first place. He believed he could achieve justice through the courts.

Eddie Mabo claimed that he was the rightful heir and owner of the land owned by his father on Murray Island.

 

The decision

It would take ten years, and Eddie Mabo would not live to see or hear the result, but in 1992, the High Court brought down its decision. This decision included the words:

In essence, the High Court recognised that Australia was occupied prior to white settlement, and that Aboriginal and Torres Strait Islander peoples had native title to these lands.

 

Native Title

'Native title' is the term used to describe the common law rights and interests of Aboriginal and Torres Strait Islander people in land according to their traditions, laws and customs. The 1992 decision for the first time recognised the common law rights in land of Australia’s Indigenous peoples.

Native title isn’t a new type of land grant, but a common law right that predates white settlement of Australia. The common law, originally founded on custom and tradition, is the British system of judge-made law, based on precedent, and is over 800 years old.

 

The Mabo Oration commemorates the work of Eddie Mabo

The Mabo Oration commemorates the work of Eddie Mabo and celebrates the 1992 High Court decision.

The inaugural speech will be delivered by Aboriginal leader Noel Pearson who will reflect on the legacy of Eddie Mabo - a legacy of reconciliation based in law.

In his speech, Mr Pearson will question whether, in a human rights context, native title forms the cornerstone for relationships between Indigenous and non-Indigenous Australians.

The event, the biggest function in the Commission’s calendar this year, will be chaired by Chief Justice Paul de Jersey AC, and will be attended by 800 people.

The Commission is proud to present and host such an important event, and acknowledges the support of the Queensland Performing Arts Centre.

(Acknowledgement to Film Australia, 'Mabo - Life of an Island Man' study guide 1997 for some of the information used in this article.
Acknowledgement to 'Australians - Eddie Mabo' for some of the information used in this article)

 

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