Mabo Day
Encyclopedia
Mabo Day occurs annually on 3 June. It commemorates Eddie Koiki Mabo (c. 29 June 1936–21 January 1992) a Torres Strait Islander
whose campaign for Indigenous land rights
led to a landmark decision of the High Court of Australia
that, on 3 June 1992, overturned the legal fiction
of terra nullius
which had characterised Australian law with regards to land and title since the voyage of James Cook
in 1770.
Mabo Day is a gazetted bank holiday in Queensland. In 2010 a campaign was launched to make it a national holiday in Australia It has been suggested that Mabo Day is more significant to Australians than the Queen's Birthday (a national holiday in Australia), since it 'marks the day that non-indigenous Australians were given the opportunity to reverse the damage caused by the colonisation process'. In 2002, on the tenth anniversary of the High Court decision, Mabo's widow, Bonita Mabo, called for a national public holiday on 3 June. On the eleventh anniversary, in 2003, the Aboriginal and Torres Strait Islander Commission (ATSIC) launched a petition to make 3 June an Australian Public Holiday. Eddie Mabo Jnr, for the Mabo family, said:
Torres Strait Islanders
Torres Strait Islanders are the indigenous people of the Torres Strait Islands, part of Queensland, Australia. They are culturally and genetically linked to Melanesian peoples and those of Papua New Guinea....
whose campaign for Indigenous land rights
Land rights
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these species of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important...
led to a landmark decision of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
that, on 3 June 1992, overturned the legal fiction
Legal fiction
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way...
of terra nullius
Terra nullius
Terra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one" , which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished...
which had characterised Australian law with regards to land and title since the voyage of James Cook
James Cook
Captain James Cook, FRS, RN was a British explorer, navigator and cartographer who ultimately rose to the rank of captain in the Royal Navy...
in 1770.
Mabo Day is a gazetted bank holiday in Queensland. In 2010 a campaign was launched to make it a national holiday in Australia It has been suggested that Mabo Day is more significant to Australians than the Queen's Birthday (a national holiday in Australia), since it 'marks the day that non-indigenous Australians were given the opportunity to reverse the damage caused by the colonisation process'. In 2002, on the tenth anniversary of the High Court decision, Mabo's widow, Bonita Mabo, called for a national public holiday on 3 June. On the eleventh anniversary, in 2003, the Aboriginal and Torres Strait Islander Commission (ATSIC) launched a petition to make 3 June an Australian Public Holiday. Eddie Mabo Jnr, for the Mabo family, said:
We believe that a public holiday would be fitting to honour and recognise the contribution to the High Court decision of not only my father and his co-plaintiffs, James Rice, Father Dave Passi, Sam Passi and Celuia Salee, but also to acknowledge all Indigenous Australians who have empowered and inspired each other.
To date we have not had a public holiday that acknowledges Indigenous people and which recognises our contribution, achievements and survival in Australia.
A public holiday would be a celebration all Australians can share in with pride – a celebration of truth that unites Indigenous and non-Indigenous Australians and a celebration of justice that overturned the legal myth of terra nullius - Mabo symbolises truth and justice and is a cornerstone of Reconciliation.