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Reflection of Mabo on the upcoming celebrations in his honour
by Michael Passi 8 May 2014
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s we approach the 22nd Mabo Day Celebration June 3rd 2014, I would like all Torres Strait Families, Leaders, Elders and Traditional Land Owners to reflect on the landmark “High Court MABO decision in 1992” and the passing of the Commonwealth Native Title Act in 1993 marking a fundamental shift in the recognition of Indigenous rights (Aboriginal and Torres Strait Islanders) rights in Australia. Uncle Eddie Koiki Mabo led a group of Meriam people in a Supreme Court challenge against the Queensland Government on the issues of land ownership. Their case stated : “Since time immemorial the Torres Strait Islands of Mer (known as Murray), Dauar and Waier and their surrounding seas, seabeds, fringing reefs and adjacent islets have been continuously inhabited by people called the Meriam people.” On 3rd of June 1992 six of the seven High Court Judges ruled that the: “Meriam People are entitled as against the whole world, to possession, occupation, use and enjoyment of the lands of the Murray Island’s.” Quotes taken from Edward Koiki Mabo’s diary dated 16/04/85, stating : “But kari lawyer gize e natagerda kega Queensland era able kerkar gelar pe – NOLE ABKOREP MERIBA TORRES STRAIT LEGIZEM IKE. ABLEGLAM MERIBA GEDPE AU ZOGOZOGO GED A AU GELARGELAR GED NARID, MERBI
ARER KER KER LAM. Meriba arer ge urder taba gedge keubu kole bakarki Australiage. Therefore gair Torres Strait legize nole Tabara ged ko lisem waikerare” Meaning “Torres Strait Council should not permit any Islanders to lease any part of these islands. WE MUST INSIST AND DEMAND THAT THE QUEENSLAND GOVERNMENT RECOGNISE OUR TRADITIONAL NATIVE TITLE TO THESE ISLANDS. We must not make any attempt to lease
our own ancestral land as we have full rights to these lands inherited through our Fathers before us. THE PUBLIC MUST ALSO KEEP AN EYE ON THE ACTIONS OF THE COUNCIL. IF THE COUNCIL MAKE ANY MOVE IN FAVOUR OF THE NEW LAND LAW. THE PUBLIC SHOULD DISMISS THE WHOLE COUNCIL. AS THESE ACTIONS ARE AGAINST OUR OWN INTERSETS.” E.MABO 16.4.85 As per the DOGIT transfer
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(Deeds of grant in trust – fee simple) that took place on December 14 2012, when the Queensland Government handed the reserve title of deed to Mer Gedkem Le Corporation (RNTBC) to be the trustee for land for all Meriam People. There are still unanswered questions to the TORRENS TITLE – Extinguishing native title under MABO. Two ways – both involve notion that the crown does something inconsistent with the continuity of native title 1. Grant a fee simple – Right to fee simple gives the owner the right to possession 2. Grant a lease – Extinguishing native title if it is one that grants exclusive possession, as such a lease gives the tenant the right to exclusive use of the land One of the High Court Judges in the MABO Case, Justice Frank Brennan SJ stated that : “the grant of any lease would extinguish native title” and the three Judges involved in the case viewed that native title is extinguished by the grant of any lease even if it contains specials clauses allowing continued Aboriginal and Torres Strait Islanders access.” According to the “Manual for trustee” PBC Body - Department of Environment & Resource Management, Part 1. - it states that Trustees could diminish the Torres Strait Islander benefit by, for example, granting inappropriate leases, or granting leases with inappropriate conditions. Part 1.5 Informed responsibility – “COMMUNITY CONSULTATION” – When considering an expression of interest to grant a lease for over 30 years on Torres Strait Islander DOGIT land that has not been
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Right: Eddie Mabo with applicants and his lawyer. Uncle Eddie Koiki Mabo led a group of Meriam people in a Supreme Court challenge against the Queensland Government on the issues of land ownership. Below: Eddie Mabo teaching at James Cook University in Townsville.
declared non transferable, ‘trustees must explain to the Torres Strait Islander people particularly concerned with the land (which may include traditional land owners who do not live on the DOGIT) the nature, effect and proposed lease. Our trustees (PBC Prescribe Body Corporate) were appointed and are there to ensure that the interest and wellbeing of individual traditional land owners
are paramount. They were not appointed to look after their own personal interests but are bound by their own rules and regulation under (ORIC) and all parties involved with the land transfer must be held accountable. The question is “Who gave them permission to lease our Meriam Family Land off to the State Government?”