Explain the significance of the Mabo and Wik judgements and subsequent legislation for Aboriginal rights and

freedoms. The Mabo and Wik Judgements and their subsequent legislation were incredibly significant for Aboriginal Rights and Freedoms. For the first time in Australian history, Indigenous Australians were given Native Title, meaning they were finally entitled to their traditional lands. Aboriginal and Torres Strait Islander peoples were given a stronger voice, as well as a powerful leader. Key to the significance of the Mabo and Wik judgements is the notion of Terra Nullius, a Latin term meaning 'land belonging to no one'. Up until 1982, it was accepted that Australia had been Terra Nullius at the time of British settlement. Aboriginal people were not seen to be owners of the land, as they had not settled (they lived largely nomadic lifestyles). For many years, Indigenous peoples were dispossessed of their land, with their traditional links with the land disregarded or ignored. The Queensland Amendment Act 1982 was also a pivotal piece of legislation that the Mabo decision impacted upon. The Act established a system based on trust for land grants for Aboriginals and Torres Strait Islanders. Trust law refers to a relationship whereby property (real or personal, tangible or intangible) is held by one party for the benefit of another. This meant that the Queensland Government were the real beneficiaries of any land held by Aborigines or Torres Strait Islanders. Mabo and his fellow Merriam people challenged this Act as it was racially discriminatory. The Mabo case which ended in 1992 was significant as it overturned both the concept of Terra Nullius and the Queensland Amendment Act 1982. By granting the Meriam people (led by Eddie Mabo) land rights, the judge set a precedent which said that Australia had in fact been occupied by Indigenous peoples at the time of European settlement, and that Indigenous peoples were the rightful owners of the land. For the first time, Aborigines were granted native title. This means that they have the right to land according to their traditions and customs in accordance with Australian law. It ensured that, in the future, Indigenous Australians would be in a better position to discuss land ownership. By overturning the Queensland Amendment Act, Indigenous Australians were given the right to own their own land for their own purposes, thus further advancing Aboriginal rights and freedoms. Eddie Mabo himself also left behind a significant legacy. After his death at the age of 55 from cancer, 5 months before the High Courts decision, Mabo was buried at Murray Island in a ceremony used traditionally for the burial of a king. The ritual had not been conducted for 80 years, so it showed the care the islanders and many others had for Eddie Mabo and his work. It was also a representation of Eddie Mabo being seen as a king or leader of sorts by his peoples. After his death, he was awarded the Australian Human Rights Medal at the Human Rights and Equal Opportunity Commission Awards. This gives a clear indication that despite his death, Mabo has become a memorable figure in Australian history who represents the struggle of Indigenous peoples for their rights and freedoms.

The historic Mabo decision left many questions to be resolved. Pastoralists and the farming community in general were deeply affected by the new Native Title legislation. Many believed that their properties and livelihoods were at stake. The Wik people took advantage of the new legislation to reclaim their land at Cape York. The existing

landholders did not want anything to do with them. They took the case to the High Court of Australia. The case was resolved, when the court ruled that the Native Title Act and the existing pastoral leases could coexist without too much conflict. However, it was decided that where there was conflict, the existing leases would prevail. This meant that the Wik people were entitled to use and enjoyment of their land as long as they did not break any rules laid out in the pastoral leases. These two judgements ensured that Indigenous Australians had the right to native title. With native title comes a number of important factors concerning rights and freedoms. Most importantly, it provides a sense of identity and pride for Indigenous peoples. Given the history of discrimination and dispossession they have faced, many Aborigines see the granting of native title as a sort of closure to the pain and suffering faced over the years. The granting of native title also ensures that Indigenous Australians have more access to their land. They can ensure that their culture and customs live on, and that traditional fauna and flora are protected. They can also continue performing traditional ceremonies on the land they were traditionally conducted upon. In conclusion, the Mabo and Wik judgements and their subsequent legislation were significant for as they, for the first time, provided Indigenous Australians with entitlements to their traditional lands, and in the process ensured that they had equal and satisfactory rights and freedoms. http://mabo1992.weebly.com/

BIBLIOGRAPHY Group members: Caesar Rosolen - 10Yassa, Stanford Lee 10Yassa, Hassaan Asif 10Kennedy, Saurav Vayalambron 10Yassa, Wayne Kwok 10Yassa
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http://www.mabonativetitle.com/info/conflictingClaimsInForest.htm http://www.mabonativetitle.com/info/NFF2.htm http://hoydenabouttown.com/20090604.5202/mabo-what-it-means-what-it-doesnt-mean/ http://www.racismnoway.com.au/teaching-resources/factsheets/19.html http://en.wikipedia.org/wiki/Wik_Peoples_v_Queensland http://www.skwirk.com/p-c_s-14_u-120_t-330_c-1137/the-native-title-act-andwik/nsw/the-native-title-act-and-wik/changing-rights-and-freedoms-aboriginalpeople/land-rights-and-native-title http://hsc.csu.edu.au/ab_studies/part2/land/aboriginality_and_land/alrights.html http://www.creativespirits.info/aboriginalculture/land/native-title#toc4 http://rodhagen.customer.netspace.net.au/nativetitle.html http://www.parliament.qld.gov.au/documents/explore/ResearchPublications/researchBull etins/rb0497bs.pdf
The Wik debate : its impact on aborigines, pastoralists and miners / Frank Brennan The Wik case : issues and implications / edited by Graham Hiley