Introducing
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Aimee Gubbels
Eddie Mabo was born on 29th of June, 1936, on the Torres Strait Islands. Influences in his early life include his school teacher, Robert Miles, who taught the children about the islands. He then went on to marry Bonita Neehow in 1959. In 1973 he established a school for indigenous students to learn about their own cultures and history.
Multiple things were the catalyst for the Mabo v Queensland cases, including Eddie's experiences on the islands, learning about the possesion of the islands, and opportunities given to him by lawyers around the country.
Eddie first learnt about the Torres Strait Islands being taken for Crown land from his friends in 1974. They were discussing his home land in their office when Noel Loos and Henry Reynolds realised that Eddie didn't know the land was taken from him. They told him, and he said "No way, it's not theirs, it's ours."
Later, Eddie was working as a researcher on a project about the Torres Strait. As part of the project, he was going to visit all the islands. However, when he arrived, he was allowed no further than Thursday Island, and was refused permission to land on any of the other islands.
In 1981, Mabo went to a land rights conference at James Cook University, where he gave a speech that explained the land inheritance system on Murray Island. A lawyer who was at the conference showed how it was significant in terms of the Australian Commom Law Doctrine, and soon enough, a lawyer from Perth picked up a test case to claim land rights through the court system.
Mabo v Queensland (no.1) is less famous, yet still very significant in the overall case. It found that the Queensland Coast Islands Act 1985 (an act that would abolish native title rights) was invalid under the Racial Discrimination Act 1975. The goal (and outcome) of the case was a demurrer (objection) to prevent the government from relying on the act in the main case.
Prior to Mabo v Queensland (no.2) it was assumed that any claims to land prior to colonisation didn't exist (per terra nullius).
Unfortunately, Eddie died 5 months before the conclusion of the case.
The Queensland Government (the defendant) argued that they were not bound to recognise the property rights of Aboriginal Australians, as during colonisation the law of England became the law of the colony.
The plaintiff (headed by Eddie) requested that the Meriam people have their property rights to the Island of Mer reinstated and recognised by the government.
At the conclusion of the case, it was decided that native title would be recognised as common law, terra nullius was to be rejected, and compensation would not be awarded for the removal of native title rights.
The decision became the precedent for multiple other cases, and the native title doctrine was codified in the Native Title Act 1993. This then led to the establishment of the National Native Title Tribunal to create a system for Native Title claims.
There were multiple events that came from Eddie Mabo's life, including him being recognised for his efforts in the fight against the Queensland government, and also paving the way for the reclaimation of native title.
Eddie was awarded different medals and other tokens of recognition for his huge effort towards the reclaimation of native title land. They include:
As a direct result of Eddie Mabo's actions, laws were passed to allow Aboriginal people to make land claims through native title. He paved the way for thousands of people to reclaim the land that they and their ancestors and family grew up in, and it is believed that if he hadn't started working on the case, then native title rights may still not exist to this day.