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The Mabo Case Study

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When the Europeans first arrived in Australia, Indigenous Australians lost all their land rights. This was mainly due to the Europeans claiming that Australia was Terra nullius. Terra Nullius was a international law stating that if territory was not owned, it was to be given to the first nation to discover it and entitled to take over. The Europeans did not recognise the Aboriginals and Torres Strait islander people as the traditional owners of Australia and therefore took all there land rights. The indigenous people were then constricted by the terra nullius rule from 1788 to 1991.

In 1972 the Prime Minister at the time Gough Whitlam began to make laws such as the Racial Discrimination Act 1975 for Indigenous Australians. It introduced the policy of self-determination which significantly increased funding for Aboriginal affairs and created a commission to investigate land …show more content…

Eddie Mabo was a Torres Strait Islander who believed Australian laws and land ownership were wrong and fought to change them. On 20 May 1982, Eddie Mabo, Sam Passi, David Passi, Celuia Mapo Salee and James Rice began their legal claim for ownership of their lands against the Queensland Government. In 1985, while the Mabo case was proceeding, the Queensland Government tried to avoid the issue of whether rights of Indigenous peoples survived colonisation. Due to this the leader of the Queensland Government Joh Bjelke-Petersen decided to introduce the Queensland Coast Islands Declaratory Act 1985. This Act had claimed to extinguish any rights and interests that the Meriam people may have had before its enactment. However in 1998, the High Court decided by a majority that the Queensland Declatory Act was inconsistent with the Racial Discrimination Act and therefore was

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In the 1971 Gove land rights case, Justice Blackburn ruled that Australia was terra nullius prior European settlement. This judgement was challenged for a total of 3 years but all attempts failed. However, on the 20th May 1982, Eddie Koiki Mabo and 4 other Indigenous people began their legal claim for ownership of their traditional lands on the island of Mer in the Torres Strait. The case was later taken to supreme court and after ten years, the case was closed and the government granted the indigenous people of australia their rightful land. Before this, Eddie had been helping his community from a young age.

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The Mabo decision changed the legal, political and social relationships between Aboriginal and non-Aboriginal people. In recognising the traditional rights of Murray Islanders it changed Australia forever. The Mabo decision opened the doors for other indigenous people and groups to be able to claim ownership of land. They were required to prove that they had continuous connection to the land and maintained their traditional associating with it. The 'native title ' is the recognition by law that some aboriginal and torres strait islander people have rights to certain land due to their traditional laws and customs.

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How Did The Mabo Decision Affect Australia

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The Mabo Decision was a turning point for the recognition of the rights of Aboriginal and Torres Strait Islanders. From recognising ownership of traditional lands to raising awareness of racial discrimination, it affected the Indigenous Australian society in various ways. Firstly, the Mabo Decision was significant because it acknowledged the ownership of traditional lands by abolishing “terra nullius”, meaning that the land is empty and owned by no one. Previously, the British denied the Indigenous Australians' connection and ownership of the land by declaring that Australia was "terra nullius". However, on the 3rd of June, 1992, the High Court decided that the Merriam people were "entitled as against the whole word to possession, occupation

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Indigenous Australians had experienced a long history of dispossession, colonization, and marginalisation. The doctrine of terra nullius was used by the British to justify the of Indigenous lands, without recognising their traditional ownership or sovereignty. It was not until 1965 Indigenous Australians were allowed to vote, two years later 1967 Indigenous Australians were finally granted citizenship and in 1985 they were treated equal with other voters, ending almost two centuries of political exclusion.   The Mabo decision is significant as it marked the first time the High Court explicitly rejected the doctrine of terra nullius and recognised the existence of Indigenous land rights. The case was named after Eddie Mabo, a Torres Strait Islander man who, alongside a group of Meriam people, challenged the Queensland state government with the Commonwealth and High Court to claim back their family land on Mer Island.

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If I don’t fight for it, then I will be moved out and I will be the loss of my identity.” Mabo stated that “terra nullius” had never legally existed and that it had been wrongfully applied to Australia. Although, the lost the case, the Mabo case was taken up to high court and as a result eighteenth months later, in response to the Mabo decision Federal Parliament passed the Native Title Act (1933). 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”. Thus, the Native title act was established as a result of the Mabo

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