Eddie Mabo
1 What does initiating a test case involve? (2 marks)
Initiating a test case involves establishing new legal rights or principles. After this, the decisions reason in the test case then sets precedent for future cases.
2 Describe one benefit to individuals and groups if a test case is brought to court. (2 marks)
If a person has been treated unfairly, the person can fight for the right to be treated fairly through the courts. A court may be able to make a decision that will undo the unfair treatment.
3 Who is Eddie Mabo? Where was he born? (2 marks)
Eddie Mabo is a native Australian who was born on Murray Island, who fought for indigenous land rights and fought against the injustices that were imposed on the Aboriginals and Torres
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strait Islanders. 4 Explain the legal position relating to ownership of land by Indigenous people before the Mabo decision. (3 marks) After British colonisation of Australia the British courts applied the doctrine of terra nullius. Terra Nullius states that there was no ownership of the land in Australia at the time of arrival. This then meant that Aboriginal’s and Torres Strait islanders had no ownership of property with no property rights. Even though they had occupied the land for many thousands of years, according to Australian law, they did not own their land. 5 What is native title? How did it come into existence? (2 marks) Native title is a form of land title that recognises the connection some Aboriginal groups have to land. Australian law recognises that native title exists where Aboriginal people have maintained a traditional connection to their land and waters, since sovereignty, and where acts of government have not removed it. It came into existence by Eddie Mabo attending a land rights conference in Townsville where he decided to launch a test case in the court. 6 Explain the life and actions of Mabo which led him to lodge a land rights claim in court. (3 marks) Eddie Mabo, was born on Murray Island in the Torres Strait where he was brought up by his uncle (Benny Mabo). Due to this, under Murray law he could inherit Mabo land. Mabo went to school, but then Mabo became disillusioned with his lack of rights. He started drinking heavily and was exiled from the Torres Strait Islands. Even 15 years later he was not allowed to return. In 1960’s he fought for the Aboriginal rights to be included in the Census, where vigorous campaigning saw them to be included in 1967. During this campaign, Mabo held conferences in Townsville where Public support for land rights grew quickly in the late 1960s. The Australian Labor Party, trade unions and churches were behind the demand for change. 7 What help did Mabo receive in making his claim through the courts? (2 marks) Mabo was helped by McIntyre, who worked at the Aboriginal Legal Service in Cairns. He also received help from Hocking, who was a Melbourne barrister and fought for Indigenous rights, where he also consulted with other barristers with knowledge in customary land cases. Ron Castan who was a part of the queen’s council, was selected to argue the case for the Murray Islanders. Marbo was also helped by the barrister Bryan Keon-Cohen. 8 Why do you think the Queensland Government objected to the extinguishment of terra nullius? Terra nullius is the expression meaning nobody's land, and is a principle sometimes used in international law to describe territory that may be acquired by a state's occupation of it. Due to this, the land owned by the government is an asset which can be used to benefit the economy. Due to bauxite mining, pastoral industries and conservative politicians, they wanted it to be overturned. The government also wouldn’t want to extinguish terra nullius as a lot of land that has been provided for infrastructure would be claimed back by Indigenous Australians. (3 marks) 9 Explain the decision in the Mabo case. How did this decision improve the rights of Indigenous people? (6 marks) The decision of the Mabo case, was that indigenous Australians claimed customary ownership to their ancestral lands.
Under Australian law, Indigenous people have rights to land, that these rights had existed before colonisation and still exist. This right is called native title.
This improves the rights of indigenous people, as they are now recognised that they were land owners before white settlement. Therefore the land that is heritage for them, is set in their family name now, rather than being owned by the government.
10 How do you think this case changed the landscape of the Australian legal system? (2 marks)
The High Court’s rejection of terra nullius, and recognition of native title, has now developed the protection of property interests. It has generated intense political debate and vast amounts of academic writing. Media attention was enormous at the time and the case still creates lively interest.
The decision fundamentally altered the legal, political and social relations between Indigenous and non-Indigenous people. In recognising the traditional rights of Murray Islanders, the case has recognised the rights of all Indigenous people who have a continued connection to their land.
11 When did Mabo die? What is significant about the time he died? (2
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marks) Mabo died on 21 January 1992, this is significant because he died before the case finished. For 10 years his passion, intelligence and commitment had driven the case forward, from its beginning through to the final arguments put to the High Court. The claim could not have been pursued without him. 12 Explain one conflicting attitude with respect to the Mabo decision and Indigenous land rights.
In 2004, a study seeking public opinion towards Mabo found that not everyone was in favour of land rights for Indigenous people. The Australian Election Study was based on information obtained from surveys. Twenty-five per cent of the respondents in the 2004 survey felt that change in Aboriginal land rights had not gone far enough. Almost twice that many considered that change had gone too far. And about one-third of the respondents were of the view that change had been to the right extent. In other words, most of the respondents were either satisfied with the progress in land rights or were of the view that the progress had gone too far.
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13 What occurred as a result of the Mabo decision? (2 marks)
The Mabo decision created the Native Title act 1993, this act protects people’s homes and businesses by validating titles granted after 1975. The purposes of the Native Title Act was to establish ways in which future dealings affecting native title may proceed and be protected and to establish a mechanism for determining claims to native title. The Mabo decision now allowed indigenous Australians to own their native
land. 14 ‘Two hundred and four years after the British flag was planted on Australian soil, the High Court of Australia’s 1992 Mabo decision established that native title is recognised under Australian law.’ Discuss this statement in terms of what it says about the courage and tenacity of Mabo and how people can be effective in bringing about a change in the law. (6 marks) Aboriginals felt that their land rights and humanitarian rights had been taken away from them, where the white settlers had control and could do as they wanted. Mabo not only won land rights for aboriginal people but he showed that aboriginal people lost their rights, but there are people there that will listen and act to restore what they have lost. Now aboriginals will have courage to bring up certain injustices and have the hope they will be rectified so everyone can live happily in a peaceful society together. However, the negatives of the land rights was the conflicting issues from the right winged political views that shows that many in society still feel superior to aboriginal people. Also non-indigenous feel that aboriginals aren’t equal and shouldn’t live among us and that the decision should be overturned immediately and is giving the people false hope. 15 Investigation Investigate the Mabo decision and other articles written about the Mabo case. Write a short report. In your report include: • Two quotes of significance from judges in the Mabo case. (2 marks) 1. The Meriam people were in occupation of the Islands for generations before the first European contact. This shows that they did occupied the land before white settlement 2. traditional lands and that, subject to the effect of some particular Crown leases, the land entitlement of the Murray Islanders in accordance with their laws or customs is preserved, as native title, under the law of Queensland. • An outline of one argument put forward in favour of Mabo and an argument in favour of the Queensland Government (4 marks) The argument that has been put forward by Mabo is that their land was inherited always by the male descendants just like the male children in white societies who always retained the family name. Girls inherited land only in cases where the couple had no male children. In some instances daughters were given land as a wedding present. This argument outlines that there is a system of land ownership in their culture, so it shows that there was formal ownership before the white settled in Australia. The argument in favour of the Queensland environment was, in cases before this one Justice Blackburn concluded that the doctrine of native title did not form part of the law of Australia. Therefore the government could argue that it still doesn’t form part of Australian law, as it is a different system of ownership. • A description of one article found on the Internet that refers to the Mabo case, including the date, source and a summary of the article. (4 marks) (Total 50 marks)
Eddie Mabo was a recognised Indigenous Australian who fought for his land, Murray Island. Mabo spent a decade seeking official recognition of his people’s ownership of Murray Island (Kwirk, 2012). He became more of an activist, he campaigned for better access for indigenous peoples to legal and medical services, to house, to social services and to education. The Mabo case was a milestone court case which paved the way for fair land rights for indigenous people. The Merriam people wanted to ensure its protection. Eddie Mabo significantly contributed to the civil and land rights of Indigenous people in Australia due to his argument to protect his land rights. In a speech in 1976, at a conference on the redrawing of the Torres Strait border, Mabo articulated a vision for islander self-determination and for an independent Torres Strait Island (Stephson, 2009).
According to Lambert (2012. pg13) Torres Islanders and Aboriginals ownership of land were classified ‘‘outside the “advanced” nations of Europe” as Aboriginals and Torres Islanders used land for “sustainability, cultural and spiritual terms”. (Lambert 2012 pg.13) Lambert suggests “affinity to the land was not recognised by Europeans because it did not conform to the manner and procedure of land ownership recording in Europe”. Jeff Lambert debates that Aboriginals lived in Australia before the European settlers.
The journey for the Aboriginals to receive the right to keep and negotiate land claims with the Canadian government was long but prosperous. Before the 1970's the federal government chose not to preform their responsibilities involving Aboriginal issues, this created an extremely inefficient way for the Aboriginals to deal with their land right problems. The land claims created by the Canadian government benefited the aboriginals as shown through the Calder Case, the creation of the Office of Native Claims and the policy of Outstanding Business.
Mabo was born on July the 25th, 1936 in the village of Laos on Murray Island. However, soon after his birth, his mother passed away. Because of this, Eddie’s father gave him away, to his brother, and Eddie’s uncle, Benny Mabo. From birth Eddie was taught the traditions and customs of the indigenous people by the elders as well as his family, while at the same time he learned to read and write from a teacher at the island school, Robert Miles. However, due to the state of the country at the time, no islander was expected to pass beyond primary school. His life was very simple and rudimentary, spending most of his time learning how to fish, grow plants, and sing the songs of his culture.
Something like this may have happened to you, as it happened to many famous people in the past. For instance, Feng Ru, Melba Pattillo Beals and Jackie Robinson -- they all have experienced unjust treatment. The only difference is, they actually stood up to change that. Here’s how, and here’s why.
This essay is about the land rights of of Australia and how Eddie Marbo was not happy about his land been taken away from him. In May 1982 Eddie Marbo and four other people of the Murray Islands began to take action in the high court of Australia and confirming their land rights. Eddie Marbo was a torres islander who thought that the Australian laws were wrong and who went to fight and try and change them. He was born in 1936 on Mer which is known as Murray Island. The British Crown in the form of the colony of Queensland became of the sovereign of the islands when they were annexed in1978. They claimed continued enjoyment of there land rights and that had not been validly extinguished by the sovereign. (Australian Bureau of Statistics 2012)
On 23 August 1966, Gurindji tribal elder Vincent Lingiari led 200 Aboriginal workers off their jobs at the Wave Hill cattle station, belonging to the British pastoral company Vestey. They established a settlement in Wattie Creek, where they sought the return of Gurindji
Their main vision is to empower the idea of a shared country and encourage opportunities for growth. With the perplexed requirements set out by the Native Title Act, this tribunal has helped claimants by providing legal aid to increase the chances of regaining lost land. For example, the Wik Peoples v Queensland (1996) 187 CLR 1 case was successful in recognising the lost land of the Wik people of Cape York. “They claimed native title over land that had previously been leased by the State Government to farmers for pastoral use” (Woodgate, Black, Biggs & Owens, 2011, p.354). The court then decided by a 4:3 majority that pastoral leases did not necessarily extinguish native title. This means that, in some cases, native title rights will co-exist with the rights of the pastoralists. Therefore, through progression and more native title cases heard, the laws surrounding the Native Title Act will adapt to further assist the Indigenous Australians in reclaiming their land. For instance, the processes surrounding Native Title issues are constantly being refined. As more and more people and political parties become aware of this process, the easier court litigation will become (Dow, 2002)
An issue facing society is whether the Native Title Act 1993 (Cth), is sufficient in balancing the rights of Indigenous Australians and the rights of current land owners. To determine whether legislation is sufficient and fair, an investigation into the current societal view points needs to be considered by legislators, with an evaluation into the ways in which other societies cater to the needs of Indigenous land owners should be made. This information then allows recommendations and changes to be debated, to therefore to ensure more equitable legislation on land rights within Australia.
Access to land and resources is important for many aboriginal communities as a basis for the maintenance of aboriginal cultural values, financial security, and economic development. The self-government has also helped provide access to treaty rights and land claims settlements for the Aboriginal population.
Despite these small problems, the native title is an effective aspect of our common and statute law, which strives to achieve fair results for all citizens. Today we understand that the aboriginal’s form of ownership of the land extends back more the 40,000 years, which is recognised in the Australian Native Title. This important aspect of Australia’s common and statue law should be further taught in schools, universities and to the community because of its ongoing political, social, cultural and legal significance. Native title was adopted not only to benefit indigenous citizens but also the Australian society as a whole.
The connection Indigenous Australians have with the land was established, and maintained, by The Dreamings, passed down through generations binding Indigenous Australians to the land (National Film & Sound Archive, 2015). National Film & Sound Archive (2015), highlight that land and being can not be separated for Indigenous Australians as they form part of the land and are accountable for the preservation of the land. Indigenous Australian land rights originated from an intricate social process constructed on traditional core values; where the rights of the land were established on principles of descendants, kinship and marriage (Dodds, 1998). However, despite this, the British colonisation of Australia in 1788 brought about change when the land was declared Terra Nullius (Short, 2007). Short (2007) stated that as a result of Australia being declared Terra Nullius, Indigenous Australians had no legitimate claim to their land. Hence, British colonisers dispossessing Indigenous Australians of their land rights as the customs established by Aboriginal and Torres Strait Islander people were not recognised or taken into consideration by the British Government (Short,
Since the time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.
...r case. You should include a table of contents, a table of authorities, a jurisdiction statement, questions or issues, a statement of the case, a summary of the argument, the argument, and a conclusion.
Indigenous people are those that are native to an area. Throughout the world, there are many groups or tribes of people that have been taken over by the Europeans in their early conquests throughout the seventeenth and eighteenth centuries, by immigrating groups of individuals, and by greedy corporate businesses trying to take their land. The people indigenous to Australia, Brazil and South America, and Hawaii are currently fighting for their rights as people: the rights to own land, to be free from prejudice, and to have their lands protected from society.