Mabo Day 2023: Date, History, Facts about The Mabo Decision

Mabo Day is observed on June 3, the date that the Mabo Decision was issued by the High Court of Australia. This is a significant holiday in Australia, particularly for the Torres Strait Islander people. Eddie Mabo, the activist who spearheaded efforts to reform Indigenous Australians’ rights, is honoured on Mabo Day. Mabo Day commemorates their distinct connection to the land and the legal claims that led to the passage of the Native Title Act by the Australian parliament. Even though Mabo passed away before learning the outcome of his case, the outcomes of his campaign are still celebrated by contemporary Australians.

The background of Mabo Day

A collection of Meriam plaintiffs led by Eddie Marbo filed a legal claim for ownership of Australia’s Murray Island on May 20, 1982. This marked the beginning of a movement that would alter land ownership laws in Australia, restoring the rights of Indigenous peoples and rectifying wrongs committed by the British Crown centuries earlier. Ultimately, on June 3, 1992, the High Court of Australia ruled in favour of the Meriam people; this ruling became known as the “Mabo Decision.”

The Mabo Decision overturned centuries-old colonial statutes that stated all land belonged to the Crown because indigenous people did not use it “in a way that indicates possession.” Before the British arrived, Indigenous Australians had already been fishing, cultivating, and inhabiting these lands for tens of thousands of years. Their traditions and laws governed land ownership and use.

In 1993, as a result of Mabo’s initiative, the Australian parliament would adopt the Native Title Act, a framework that incorporates the culture and customs of Indigenous people into land claims.

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5 IMPORTANT FACTS CONCERNING THE MABO DECISION

The trial of Mabo v. Queensland spanned a decade, beginning at the Queensland Supreme Court and concluding at the High Court of Australia.

Justice Daryl Dawson was the lone dissenter, stating that Indigenous land ownership rights only existed if the Crown recognised or consented to them, which did not occur in this case.

The reverend David Passi, Sam Passi, James Rice, and Celuia Mapo Salee, all from Mabo’s Meriam community, accompanied him in Mabo v. Queensland.

In the end, approximately 4000 pages of transcripts were presented as proof that the Meriam occupied clearly delineated territories for centuries prior to the advent of the British.

Possibly anticipating a loss, the Queensland legislature attempted to “extinguish without compensation” any claims made by Indigenous people; however, the Meriam community challenged this legislation, and the High Court sided with them.

MABO DAY DATES