Eddie Mabo was a party to a court case, known as Mabo v Queensland, or later, simply Mabo, that established that indigenous people had rights and title to their land in Australia.
Terra Nullius
During the 18th century, when Britain colonized Australia, there were three ways that a country could legally claim land. Inhabited land could be purchased. If they chose not to purchase the land, they could take it by invasion and conquest. Under either of those alternatives, international law would require them to respect the rights of the indigenous people living there.
If a land was uninhabited, international law permitted a country to claim and settle the new land. When Britain colonized Australia, it ignored the fact that Australia was home to indigenous peoples. Consequently, when Captain James Cook landed in Botany Bay in 1770, he claimed Australia for Britain under the doctrine of Terra Nullius - terra nullius - land that belonged to no one.
The Mabo Case challenged this belief.
Native Title
Native Title is the concept that indigenous people have had continuous ownership of their land. After the Mabo decision, Parliament enacted the Native Title Act in 1993, which codified the legal position of indigenous landholders and the legal processes that must be followed for their title to be claimed and protected through the Australian Federal court system.
Fast Facts:
- Full name: Eddie Koiki Mabo
- Birth name: Eddie Koiki Sambo
- Preferred name: Koiki
- Born June 29, 1936
- Birthplace: Murray Island, Torres Strait Islands, Queensland, Australia
- Spouse: Bonita Neehow
- 10 Children
- Occupation: Gardener at James Cook University
- Died: January 21, 1992 at Brisbane, Queensland, Australia of cancer.
Quotes:
- "...we were having lunch one day in Reynold's office when Koiki was just speaking about his land back on Mer, or Murray Island. Henry and I realized that in his mind he thought he owned that land, so we sort of glanced at each other, and then had the difficult responsibility of telling him that he didn't own that land, and that it was Crown land. Koiki was surprised, shocked and even...he said and I remember him saying 'No way, it's not theirs, it's ours'..." —Professor Noel Loos, James Cook University
- "...the decision that came out was that native title existed and it was up to the Aboriginal or Islander people to determine who owned what land." —Henry Reynolds
- "Island people have their own portions of land which are handed down through generations and with my dad's claim, he was denied access to his land through the government and he said "Why? We all have our right to our own lands. I can show you where my boundaries are." —Gail Mabo
Eddie Mabo Timeline
1936: Born on June 29, 1936 in the Torres Strait Islands off Queensland, Australia.
1959: Marries Bonita Neehow.
1967: Hired as a gardener at James Cook University in Townsville, Queensland.
1981: Makes speech about traditional land ownership and inheritance policies of indigenous people.
1992: Dies on January 21 at Brisbane, Queensland, Australia.
1992: High Court of Australia acknowledges that the indigenous people owned their land.
1992: Posthumously awarded Human Rights and Equal Opportunity Commission Human Rights Medal
1993: The Australian names him 1992 Australian of the Year.
