Mabo Day - 3rd June

About Us

What has become known and celebrated as Mabo Day is the day that the High Court handed down its verdict in the case Mabo and others (no. 2) vs Queensland [1992] HCA 23; (1992) 175 CLR 1. 

It was the final case in a series of cases that spanned 10 years originally being filed by the plaintiffs Mr Eddie"Koiki" Mabo, Mr Sam Passi, Rev. Dave Passi, Mr James Rice and Ms Celuia Mapo Salee on the 20th May 1982. Despite the fact that there were other plaintiffs legal cases are always filed with the name of the 1st plaintiff and this is how the cases have become known as the 'Mabo' case.

The plaintiffs, all Meriam people from the Island of Mer (Murray Island) in the Torres Straits challenged the Queensland Governments Queensland Amendment Act 1982 which established a system of making land grants on trust for Aboriginal and Torres Strait Islander people. The plaintiffs argued that they were the owners of the respective lands on the islands of Mer, Dauar and Waier and that the State of Queensland is not entitled to impair their ownership. Additionally, that this system of land ownership had been in existence since time immemorial, that the State is not entitled to impair that ownership without compensation, and that it had not extinguished that ownership.
After a ten year battle the High Court handed down it's final verdict on the 3rd of June 1992 by which time three of the plaintiff's, including Eddie Mabo, had passed.

The Court found that:
1) The land in the Murray Islands is not Crown land within the meaning of that term in s. 5 of the Land Act 1962 (Qld.);
2) Putting to one side the Islands of Dauer and Waier and the parcel of land leased to the Trustees of the Australian Board of Missions and those parcels of land (if any) which have validly been appropriated for use for administrative purposes the use of which is inconsistent with the continued enjoyment of the rights and privileges of the Meriam people under native title, declare that the Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands;
3) The title of the Meriam people is subject to the power of the Parliament of Queensland and the power of the Governor in Council of Queensland to extinguish that title by valid exercise of their respective powers, provided any exercise of those powers is not inconsistent with the laws of the Commonwealth.
More importantly, the Court acknowledged that the Traditional Customs and Laws of the Meriam people encompassed within Malo's Law had survived the process of invasion and colonisation and were still practised to this day. Additionally, the ruling once and for all challenged the notion of Terra Nullius and that Indigenous Australians could own rights to land in what was known as Native Title.

It is on this day that we celebrate the achievements of Mr Eddie "Koiki" Mabo and the other plaintiffs in winning this case.

The aim of this online gathering is to celebrate "Mabo Day". Mabo Day is an important day for many Torres Strait Islanders and Australian Aboriginal people. Eddie Mabo was a Torres Strait Islander human rights and land rights activist. Edward (Eddie) Koiki Mabo (1936-1992) dedicated his life to overturning the decision of Lieutenant James Cook to take possession of the east coast of Australia in the name of King George III.

Mabo Day celebrates the historic High Court win on 3 June 1992 by Eddie Koiki Mabo and others on behalf of the Meriam people of Mer Island in the Torres Strait - which overturned the doctrine of 'terra nullius' and led to the recognition of native title rights.

See link below for more information about native title

http://www.mabonativetitle.com/

 

Founded by 

Dr Elvianna Dorante-Day:
Traditional Healer (Member of the Australian Aboriginal and Torres Strait Islander community), Bachelor of Nursing, Registered Nurse, Masters of Arts (Aboriginal Issues), Graduate Diploma in Public Health, Doctor of Public Health (PhD); Masters of Nursing (candidate); Bachelor of Laws (Graduate) candidate; Master of International Security Studies / Master of Policing, Intelligence and Counter Terrorism (candidate); CEO/Founder of Australian Aboriginal and Torres Strait Islander Public Health e-Journal

Other Administrators::

Mr Simon C. Dorante-Day BEng, BA, MRGC.