- by Graham Holton
- The Guardian
- Issue #2148
Eddie Mabo
3 June 2025 marks the 33rd Anniversary of the first formal recognition of Indigenous land rights in Australia, as part of National Reconciliation Week. The High Court of Australia overturned the legal doctrine of terra nullius (land belonging to no one) which implied that there was no land ownership before European settlers. The Mabo decision acknowledged Aboriginal and Torres Strait Islander peoples’ unique connection with their land, and established that ‘native title’ exists.
Koiki ‘Eddie’ Mabo, David Passi, Sam Passi, Celuia Mapo Salee and James Rice, from Mer (Murray Island) in the Torres Strait, began legal action in the High Court of Australia in 1982, challenging the Australian legal system, fighting for recognition of the rights of Aboriginal and Torres Strait Islander peoples as the traditional owners of their land.
Over a period of ten years, thirty-three Meriam people generated 4,000 pages of transcripts of evidence, including proof that the eight clans of Mer have occupied clearly defined territories on the island for hundreds of years, proving their continuity of custom. On 3 June 1992, six of the seven judges agreed that the Meriam did hold traditional ownership of the lands. The decision led to the passing of the Native Title Act 1993, which provides the framework for all Australian Indigenous people to make claims of native title.
However, the ruling states that native title claims only apply to land such as vacant Crown land, national parks, and some leased land. Aboriginal claimants must go to court or a tribunal to prove they have continually maintained their traditional association with the land in question. The Mabo judgement ensures that whenever there is conflict between titles granted by the Crown and the native title, the Crown prevails.
The far-right National Party government of Premier Sir Joh Bjelke-Petersen had the Queensland Parliament pass the Torres Strait Islands Coastal Islands Act 1985, which “extinguished without compensation” any Torres Strait Islander claims to their traditional lands. In 1986 the Meriam challenged the legislation and in 1988 the High Court ruled in the Mabo No. 1 case that the Act contravened the Commonwealth Racial Discrimination Act 1975. This enabled the High Court to begin hearing Mabo No. 2 for Meriam land rights. In acknowledging the traditional rights of the Meriam people to their land, the court held that native title existed for all Indigenous people.
A six-part podcast, Hi, I’m Eddie (2022), commissioned by the State Library of Queensland, highlights Rhianna Patrick’s journey to get to know Eddie Mabo and understand his legacy.
