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Commercial Law 1 Assignment 1 Mabo: His Life & Times Question 1: Edward Koiki Sambo was born on the 29th of June, 1936 on Mer (one of the Murray Islands). His father was Robert Zezou Sambo and his mother was Annie Mabo of the Piadaram clan. Annie Mabo died while giving birth to him and in keeping with the customs of the clan, his uncle Benny Mabo and his aunt Maiga adopted him. He lived on the island until he was seventeen, when his involvement in a teenage prank saw him exiled from the island of Mer by the Island’s Council. He instead worked on pearling boats in the area for approximately five years before leaving for Townsville. There he held various jobs such as railway labourer and canecutter. In 1959 he married Bonita Nehow. In 1960 he became a union representative for the Townsville to Mount Isa rail construction project. In 1962 he worked for the townsville harbour board. At the same time he became the secretary for the Aboriginal and Torres Strait Islander Advancement League. In
29 June 1936 - Born on Mer, the son of Robert Zezou [1] Sambo and Annie Mabo of the Piadaram clan. Because his mother died in childbirth, he was adopted under customary law by his uncle Benny Mabo and aunt Maiga. 1953-57 - Worked on various trochus fishing luggers out of Mer. 1957 - Left Mer and moved to the mainland. Subsequently worked at various jobs including canecutter and railway labourer. 1959 - Married Bonita Nehow (born 1943). 1960-61 - Union representative, Townsville-Mount Isa rail construction project. 1962-67 - Worked for the Townsville Harbour Board. 1962-69 - Secretary, Aboriginal and Torres Strait Islander Advancement League. 1967 - Helped organise seminar in Townsville: 'We the Australians: What is to Follow the Referendum?' 1967-71 - Worked as gardener-groundsman, James Cook University. 1970 - Resigned from the Aboriginal and Torres Strait Islander Advancement League because of the involvement of people he considered to be insincere 'do-gooders'. Became President of the all-black Council for the Rights of Indigenous People, which established a legal aid service, a medical service, and the Black Community School. 1973 - Mabo and family travelled to Thursday Island en route to Mer with the intention of visiting Mabo's dying father, but were denied entry to Mer. 1973-83 - Director, Black Community School, Townsville. 1974-78 - Member of the Aboriginal Arts Council. 1975-80 - President, Yumba Meta Housing Association. 1975-78 - Member, National Aboriginal Education Committee. 1978-81 - Assistant Vocational Officer, Aboriginal Employment and Training Branch Commonwealth Employment Service. 1978-79 - Member, Australian Institute of Aboriginal Studies Education Advisory Committee. 1981-84 - Pursued Diploma of Teaching, Townsville College of Advanced Education/James Cook University. 1981 - Conference on land rights at James Cook University. Decision made to take the Murray Islanders' land case to the High Court. 1982 - Land rights case launched. Plaintiffs were Mabo, Sam Passi, Father Dave Passi, James Rice and Celuia Mapo Salee. 1985 - Field Officer, QED Townsville Aboriginal Legal Aid Service. Received a research grant from the Australian Institute of Aboriginal Studies to study land tenure in Torres Strait. In an attempt to retrospectively abolish native land title in Torres Strait, the Queensland Government passed the Queensland Coast Islands Declaratory Act 1985. 1986-87 - Director, ABIS Community Cooperative Society Ltd, Townsville. 1986-87 - Assistant Director, Aboriginal Arts, Melbourne Moomba Festival. 1987-88 - Employed by the Department of Aboriginal Affairs as Community Arts Liaison Officer, 5th Festival of Pacific Arts, Townsville. 1987-88 - Vice-Chairman, Magani Malu Kes. 1988 - High Court ruled the Queensland Coast Islands Declaratory Act 1985 contrary to the Commonwealth Racial Discrimination Act 1975. 21 Jan. 1992 - Edward Koiki Mabo died in Brisbane.
Exile and the Mainland When my father was seventeen he was involved in a teenage prank which saw him exiled from Mer by the Island Council. He left his homeland to work on pearling boats and when his exile was extended he moved to Townsville. While in Townsville he worked at various jobs including canecutter and railway labourer. In 1959 my father married my mother Bonita Neehow. They would eventually raise ten children. The next few years were important in shaping my father. In 1960 he became the union representative on the Townsville-Mount Isa rail construction project. In 1962 he worked for the Townsville Harbour Board and became the Secretary for the Aboriginal and Torres Strait Islander Advancement League. In 1967 he helped organise a seminar in Townsville: 'We the Australians: What is to Follow the Referendum?' These events were to help shape my father's interest in social justice.
The Dawning Truth In 1967 my father began work as a gardener at James Cook University. While working there he meet Professor Henry Reynolds and was given the opportunity to present lectures on Torres Strait Islander culture and political issues. My father used to talk with Professor Reynolds about the land that his family owned on Mer. During one of their talks Professor Reynolds said to my father "Look, you do appreciate, don't you, that although in your view this is your land, it's actually all Crown land. According to white Australian law, you don't own any land on Murray (Mer) Island". This was the turning point for my father when he realized that his ancestral land no longer belonged to his family under Australian law. Imagine if the government told you that the house your family live in and the land they live on does not belong to you. It doesn't matter that your family has always lived on that land. It doesn't matter that you know the land is yours. Your land is owned by the government because the law says so. What would you do?
Council for the Rights of Indigenous People In 1970 my father became the President of the 'Council for the Rights of Indigenous People'. This was an all-indigenous organization, which pioneered a legal aid service, a medical service and an indigenous community school. This organization was important as it allowed the indigenous people of the Townsville area to make their own decisions and have control of their own social services.
The Black Community School The Black Community School was established in 1973 as a result of the need for a school that catered for the needs of indigenous children. My father believed that indigenous children needed to be taught their culture by their Aunties and Uncles. Eddie Mabo was the director of the school, which, in turn was run by the parents of the students. The philosophy of the school was to develop a strong identity and belief in indigenous cultures before the students entered the mainstream education system. The school operated until 1983 when cutbacks in government funding and non-Indigenous community concerns led to the closing of the school.
Gail playing basketball with the other children
from the Black Community School
Eddie Mabo Principal, teacher
and bus driver
Yumba Meta Housing Association Yumba Meta was a housing co-operative which was established to provide suitable accommodation for the growing indigenous population of the Townsville region. My father was the President of the association and he believed that Aboriginal and Islander people had the right of equality of housing. The association purchased houses throughout the Townsville area which Indigenous people to live in any suburb. This broke down the barriers of black suburbs and allowed indigenous and non-Indigenous people to live together.
Permission Denied In 1972 my family had planned to visit Mer. My father had hoped to his father, Benny Mabo, who was suffering from tuberculosis. Tuberculosis was a major killer of Torres Strait Islanders at the time. Our family travelled to Thursday Island but were refused permission to travel to Mer. My mother, Bonita Mabo, remembers, "In those days you had to get permission to go across to Mer, but the Queensland authorities wouldn't let us. They said Eddie was a non-Islander, because he hadn't lived there for so long They thought he was too political and would stir up trouble". Our family returned to Townsville. Six weeks later my father received a telegram saying that his father had died. My father cried. We never had the chance to meet our grandfather. My father never forgave the government authorities for this injustice. It fuelled his determination for recognition and equality in society. This began his ten-year battle for justice and political status.
The Fight for Native Title In 1981 my father attended a land rights conference at James Cook University. A lawyer at the conference suggested there should be a test case to claim land rights through the court system. My father and the other Murray Islanders decided they would be the ones to challenge the claim of terra nullius in the High Court. My father was chosen as the leader to head the case. The other representatives of the case were Sam Passi, Father Dave Passi, James Rice and Celuia Mapo Salee. This began a 10-year battle, which saw the case go to the High Court of Australia. The battle took a heavy toll on my father and my family. My father use to escape the strain my working on his boat, which still sits outside our family home, or by painting. On January 21st 1992 my father died from cancer. He was 56. My father had fought to the end but always knew that he would win the case. On the 3rd of June 1992 the High Court delivered a 6 to 1 verdict in favour of Mabo, Mabo v State of Queensland. This overturned the 205-year-old legal doctrine of terra nullius. My father fought for his legal rights. He won his battle for native title of his traditional land. Three years after my father had passed away, with the traditional mourning period over, my family and friends gathered in Townsville for a memorial service. This ceremony was to celebrate his life and to replace the wooden cross, which marked his grave with a marble headstone. The following day my father's grave was vandalised. The tombstone was defaced with graffiti, including nazi swastikas, and the carving of my fathers face was stolen. My family removed his headstone. Our family decided to bury my father on Murray Island in September 1995.. The people of Murray Island performed a traditional ceremony not seen on the island for 80 years. The restored tombstone was placed on my father's grave. My father had returned home.
Gail Mabo, her children and the grandchildren of
Eddie Mabo at his tombstone on Mer.
On Australia Day 1993 The Australian named my father 'Australian of the Year'.
Organizations Eddie Mabo Was Involved In Black Community School -Townsville - Director (1973 to 1983) Aboriginal Arts Council - Member (1974 to 1978) Yumba Meta Housing Association - President (1975 to 1980) National Aboriginal Education Committee - Member (1975 to 1978) Commonwealth Employment Service - Assistant Vocational Officer (1978 to 1981). Australian Institute of Aboriginal Studies Education Advisory Committee - Member (1978 to 1979) ABIS Community Cooperative Society Ltd - Director (1986 to 1987) Melbourne Moomba Festival - Assistant director Aboriginal Arts (1986 to 1987) Department of Aboriginal Affairs - Community Arts Liaison Officer 5th Festival of Pacific Arts (1987 to 1988) Magani Malu Kes - Vice Chairman (1987 to 1988).
- The National Native Title Tribunal holds absolute authority over claims for Native Title
- State governments are empowered to extinguish Native Title over crown lands for matters of 'national interest'
- Lands providing public amenities exempt from Native Title claims
- Mining and pastoral leases allowed to co-exist with Native Title
- The National Native Title Tribunal can create access to traditional lands rather than granting full Native Title
- A registration test imposed on all claimants
- Removal of the right to claim Native Title in or around urban areas
- Permits government to manage land, water and air issues in any site
- Very strict time limits placed on all claims
- Creation of Indigenous Land Use Agreements to promote co-existence
1. Validation of acts/grants between 1/1/94 and 23/12/96
Legislative action will be taken to ensure that the validity of any acts or grants made in relation to non-vacant crown land in the period between passage of the Native Title Act and the Wik decision is put beyond doubt.
2. Confirmation of extinguishment of native title on
`exclusive' tenures
States and Territories would be able to confirm that `exclusive' tenures such as freehold, residential, commercial and public works in existence on or before 1 January 1994 extinguish native title. Agricultural leases would also be covered to the extent that it can reasonably be said that by reason of the grant or the nature of the permitted use of the land, exclusive possession must have been intended. Any current or former pastoral lease conferring exclusive possession would also be included.
3. Provision of government services
Impediments to the provision of government services in relation to land on which native title may exist would be removed.
4. Native title and pastoral leases
As provided in the Wik decision, native title rights over current or former pastoral leases and any agricultural leases not covered under 2 above would be permanently extinguished to the extent that those rights are inconsistent with those of the pastoralists.
All activities pursuant to, or incidental to, `primary production' would be allowed on pastoral leases (i.e. the right to negotiate in relation to such activities would be completely removed), including farm-stay tourism, even if native title exists, provided the dominant purpose of the use of the land is primary production. However, future government action such as the upgrading of title to perpetual or `exclusive' leases or freehold, would necessitate the acquisition of any native title rights proven to exist and the application of the regime described in 7 below (except where this is unnecessary because the pastoralist has an existing legally enforceable right to upgrade).
5. Statutory access rights
Where registered claimants can demonstrate that they currently have physical access to pastoral lease land, their continued access will be legislatively confirmed until the native title claim is determined. This would not affect existing access rights established by state or territory legislation.
6. Future mining activity
For mining on vacant crown land there would be a higher registration test for claimants seeking the right to negotiate, no negotiations on exploration, and only one right to negotiate per project. As currently provided in the NTA, states and territories would be able to put in place alternative regimes with similar right to negotiate provisions.
For mining on other `non-exclusive' tenures such as current or former pastoral leasehold land and national parks, the right to negotiate would continue to apply in a state or territory unless and until that state or territory provided a statutory regime acceptable to the Commonwealth which included procedural rights at least equivalent to other parties with an interest in the land (e.g. the holder of the pastoral lease) and compensation which can take account of the nature of co-existing native title rights (where they are proven to exist).
7. Future government and commercial development
On vacant crown land outside towns and cities there would be a higher registration test to access the right to negotiate, but the right to negotiate would be removed in relation to the acquisition of native title rights for third parties for the purpose of government-type infrastructure. As currently provided in the NTA, state and territories would be able to put in place alternative regimes with similar right to negotiate provisions.
For compulsory acquisition of native title rights on other `non-exclusive' tenures such as current or former pastoral leasehold land and national parks, the right to negotiate would continue to apply in a state or territory unless and until that state or territory provided a statutory regime acceptable to the Commonwealth which included procedural rights at least equivalent to other parties with an interest in the land (e.g. the holder of the pastoral lease) and compensation which can take account of the nature of co-existing native title rights (where they are proven to exist).
The right to negotiate would be removed in relation to the acquisition of land for third parties in town and cities, although native title holders would gain the same procedural and compensation rights as other landholders.
Future actions for the management of any existing national park or forest reserve would be allowed.
A regime to authorise activities such as the taking of timber or gravel on pastoral leases, would be provided.
8. Management of water resources and airspace
The ability of governments to regulate and manage surface and subsurface water, off-shore resources and airspace, and the rights of those with interests under any such regulatory or management regime would be put beyond doubt.
9. Management of claims
In relation to new and existing native title claims, there would be a higher registration test to access the right to negotiate, amendments to speed up handling of claims, and measures to encourage the States to manage claims within their own systems.
A sunset clause within which new claims would have to be made would be introduced.
10. Agreements
Measures would be introduced to facilitate the negotiation of voluntary but binding agreements as an alternative to more formal native title machinery.