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The Significance Of The 1992 Mabo High Court Case

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The 1992 Mabo High Court case represents one of the most profound cases in Australian history leading to the turning point of Reconciliation for Aboriginals and Torres Strait Islanders. As a result of this decision, it changed the legislation of the indigenous Australians introducing land rights and impacted the indigenous Australians society rights and freedom as a more desirable outcome in the movement towards Reconciliation.

The 1992 Mabo court case was a pivotal turning point in the progressive Reconciliation in Australia. It paved the pathway for Indigenous land rights and confronted the state of Queensland and Australian commonwealth to regain their freedom and equality.

To grasp the historical context leading up to the Mabo decision …show more content…

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. The High Court ruled that Indigenous Australians had a right to claim native title to traditional lands that were not legally owned by the

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After 10 long years Torres Strait Islander Eddie ‘Koiki’ Mabo has lead indigenous Australians to a victory over the Queensland government. This win this case is a historical moment, as of yesterday, the indigenous Australians have been recognised as the owners of Murray Island. Aboriginal and Torres Strait Islanders are known to have resided in Australia, 40,000 to 60,000 years before the British arrived in 1788. When the British took over they decided to take all the land for themselves even though the indigenous Australians were here first. This court case recognises indigenous Australians unique connection to the land and acknowledges that they have the rights to the land.

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The Mabo decision of the high court in 1992 is vastly significant as it marks history as the victory of indigenous Australian land rights against the federal government, who had colonised their land and refused to acknowledge that Australia was originally owned by the ATSI people but became a terra nullius land due to the European colonists. The events that have occurred before 1992 such as the The Aboriginal Land Rights Act (NT) of 1976 and the bark petition is deemed less significant than the Mabo decision. I firmly believe that the Mabo case is an extraordinary achievement. it started in 1982 when Eddie Mabo brought up a case against the supreme court of Queensland that Indigenous Australians should have land rights. After almost a whole

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Edward Koiki Mabo (Eddie) is a well-known Australian Indigenous person, who throughout his lifetime was committed to obtaining justice for Indigenous Australians. His greatest achievement was his stand against racial discrimination and his fight for Australian laws to recognise the traditional land rights of his family and the Meriam People of Murray Island. As a result, the doctrine of terra nullius, that claimed Australia was a land without owners, was overturned, changing Australian law forever, and the Native Title Act was introduced, which legally recognised the traditional land rights of Indigenous Australians. Edward Mabo was born Edward Koiki Sambo, at Mer (Murray Island), in the Torres Straits on c. 29 June, 1936, and at that time

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'If there existed any lingering doubt as to the applicability of the principles enunciated in Mabo to mainland Australia, that doubt is, as a matter of practicality, dispelled by the statement of Mason CJ in Coe v The Commonwealth (1993) 118 ALR 193. In the context of an application to strike out a statement of claim, his Honour said (at 200): 'Mabo [No.2] recognised that land in the Murray Islands was held by means of native title under the paramountcy of the Crown. The principles of law which led to that result apply to the Australian mainland as the judgments made clear. ' Mason v Tritton (1994) 34 NSWLR 572 at

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He claims that Australia has relied on the lie of terra nullius for over 200 years until the High Court’s decision on native title in the Mabo Case. Pearson quotes that "There has never been formal recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia. " By frequently referring to the lack of recognition, Pearson indicates that Indigenous Australians' history has not been accurately represented. Pearson argues that "the new Australia never recognized the old Australia", and still has not in any formal and real sense. Pearson's purpose in highlighting this is to draw attention to the historical injustices that indigenous Australians have faced and the need to rectify them.

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