Comments by "" (@pwillis1589) on "‘Stand against it’: Welcome to Country is ‘ceding of sovereignty’" video.
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In 1770 Lieutenant James Cook claimed ownership of the east coast of Australia on behalf of Great Britain.
This claim was based on the concept of terra nullius, or land of nobody, whereby Britain assumed that Aboriginal people did not have any form of political organisation and therefore no leaders with the authority to sign treaties.
It meant in effect that, according to British law, Australia’s Indigenous population had no legitimate claim to the land on which they had lived for thousands of years.
In 1835 grazier and explorer John Batman used a treaty to buy land around Port Phillip Bay (present-day Melbourne) directly from its Aboriginal inhabitants.
However, Governor Bourke’s Proclamation of 10 October that year stated that people found dwelling on land without the authority of the government would be considered trespassers.
This proclamation quashed the treaty and codified the concept of terra nullius. Aboriginal people therefore could not sell land, nor could individuals acquire it, except directly through the Crown.
Four people standing in front of a statue of Lady Justice. - click to view larger image
From left: Dave Passi, Eddie Mabo, barrister Bryan Keon-Cohen and James Rice outside the Queensland Supreme Court, 1989
Challenging terra nullius
In May 1982 a group of Meriam from the Eastern Torres Strait including David Passi, Sam Passi, Celuia Mapo Salee and James Rice, led by Eddie Koiki Mabo, lodged a case with the High Court of Australia for legal ownership of the island.
Over a period of 10 years, 33 Meriam people, including the plaintiffs, generated 4,000 pages of transcripts of evidence.
The evidence presented included proof that the eight clans of Mer (Murray Island) have occupied clearly defined territories on the island for hundreds of years, and proved the continuity of custom on Mer.
The High Court resolved that the Supreme Court of Queensland should determine the parameters of the case.
While this decision was underway, the Queensland Parliament passed the Torres Strait Islands Coastal Islands Act 1985, which ‘extinguished without compensation’ any Torres Strait Islander claims to their traditional lands.
In February 1986, the Meriam challenged the legislation and in December 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, the Meriam’s land rights case.
On 3 June 1992, six of the seven judges agreed that the Meriam held traditional ownership of the lands of Mer. The decision led to the passing of the Native Title Act 1993, providing the framework for all Australian Indigenous people to make claims of native title.
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