The Mabo decision was the beginning of the process of addressing the legal injustices inflicted on Australia’s Indigenous people.21 Had the decision been handed down today, perhaps greater regard would have been given to the limitations of legislative methods in establishing sustainable and meaningful reform.22
As was called for in the Uluru Statement from the Heart, constitutional recognition and a First Nations Voice would assist First Nations peoples in obtaining substantive equality, which is needed to enjoy the right to self-determination.23
Although previous governments have been reluctant to establish a First Nations Voice to Parliament, the current Australian Government has recently pledged a referendum to constitutionally enshrine a Voice to Parliament.24
Nonetheless, the Mabo decision was significant in recognising traditional Indigenous land rights, and represents one of the many instances Aboriginal and Torres Strait Islander peoples have used their voice to protect their kin and Country from the impacts of colonisation.
30 years on: The significance of the Mabo Decision
The Mabo decision was a significant development towards the recognition of traditional Aboriginal and Torres Strait Islander land rights under Australia’s common law, with the High Court acknowledging, for the first time, the existence of Indigenous land rights prior to, and following, Britain’s sovereignty over Australia in 1788.
First Nations or First Peoples refer to Aboriginal or Torres Strait Islander peoples.
Terra Nullius is Latin for land belonging to no one.
Native title recognises Aboriginal and Torres Strait Islanders rights and interests in relation to land and waters. That includes things like rights to fish, hunt and practice ceremonies.
The High Court of Australia is the highest court in Australia's judicial system.
Mabo Day is commemorated on 3 June every year and it's named after Eddie Mabo. On 3 June 1992, the High Court of Australia recognised that Aboriginal and Torres Strait Islander peoples have rights to the land. This decision by the High Court is also known as the Mabo decision. Mabo Day is a public holiday in the Torres Strait.
A Meriam man from the Torres Strait Islands, Eddie Koiki Mabo is remembered for his efforts to secure Indigenous land rights. He led a 10-year battle through the Australian legal system, but sadly, passed away just months before the courts ruled in his favour in 1992 — paving the way for the Native Title Act.
Eddie Koiki Mabo was born on the island of Mer (Murray Island) in the Torres Strait. His mother died giving birth and he was adopted by his uncle, Benny Mabo. From an early age, Koiki was taught about his family’s land.
He was an activist in the 1967 Referendum campaign and helped found the Townsville Aboriginal and Islander Health Service. The issue of land rights became a focus for his energy in 1974.
In 1981, Koiki gave his first speech at a land rights conference at the James Cook University explaining the traditional land ownership and inheritance system that his community followed on Mer Island. A lawyer in the audience noted the significance of Koiki’s speech and suggested there should be a test case to claim land rights through the court system.
Perth based solicitor Greg McIntyre agreed to take the case, representing Mabo and recruited barristers. Greg McIntyre and Koiki both applied successfully for research grants from AIATSIS to conduct research for the case.
On 20 May 1982, Koiki and fellow Mer Islanders began their legal claim for ownership of their lands on the island of Mer with the High Court of Australia. With Koiki as the first named plaintiff, the case became known as the ‘Mabo Case’. Ten years later, on 3 June 1992, the High Court of Australia decided in favour of Eddie Koiki Mabo and his fellow plaintiffs.
The judgments of the High Court inserted the legal doctrine of native title into Australian law. The Court also held that native title existed for all Indigenous peoples in Australia who held rights in their lands under their own laws and customs prior to the assertion of British sovereignty and establishment Colonies across the continent.
The High Court decision in the ‘Mabo case’ altered the foundation of land law in Australia. In the following year, the Native Title Act 1993 was passed through the Australian Parliament and opened the way for further claims of traditional rights to land and compensation.
© The Age, 1993
Source: Barker, G and Easterbrook, M
Self portrait
Mabo Day is an important day in Australian history, and it is essential for all Australians to understand the significance of the Mabo decision. 3 June 2022, marks the 30th anniversary of Mabo Day. We have put together some key facts to help you learn more about who Eddie ‘Koiki’ Mabo was, and what the landmark Mabo decision is all about.
Land Rights and Native Title: Mabo from a WA Perspective
The Mabo case was fought and won by a Torres Strait Islander, the late Eddie Mabo, who set out to prove he and his people were the owners of the island on which they lived.
In this video, academic Mel Thomas talks about how the Mabo decision paved the way for the Native Title Act of 1993.
This black-and-white photograph shows Eddie Mabo with his friend and neighbour Jack Wailu on Mer (Murray Island) in the Torres Strait Islands, in September 1989.
