3 June 2025 – Mabo Day
Today, on Mabo Day, we honour the legacy of Eddie Koiki Mabo, a man whose courage and persistence changed the course of Australian legal history, leading to the recognition of native title in Australia.
A Meriam man from Mer Island in the Torres Strait, Eddie Mabo was the driving force behind the historic Mabo v Queensland (No 2) decision of 1992. This High Court ruling overturned the legal doctrine of terra nullius, the false notion that Australia was uninhabited before European colonisation, and recognised that Aboriginal and Torres Strait Islander peoples have rights to the land.
At this week’s AIATSIS Summit on Larrakia Country, Kaleb Mabo, Eddie Mabo’s grandson, gave moving introductory remarks reflecting on his grandfather’s unwavering commitment to his people.
“Eddie Mabo used to say, No matter how hard the struggle, we must fight for our rights, ” said Kaleb Mabo.
Kaleb also reflected on the legacy of his grandfather, sharing how he set up the Black Community School, which was a radical act of self-determination. He believed empowerment could not happen without education.
For more on the Mabo Case visit AIATSIS The Mabo Case.
The Wik Decision: Continuing the momentum
Following the Mabo decision, the fight for land rights and interests continued. In 1996, the Wik Peoples of Cape York won another landmark case, the Wik Peoples v Queensland decision, which found that native title could coexist with pastoral leases, further advancing the legal recognition of Indigenous land rights.
The Wik decision underscored the importance of negotiating shared land use and ensuring Indigenous voices remain central in land management decisions.
For more on the Wik Decision, visit AIATSIS Native Title Resources or the National Native Title Tribunal.
Reflections from the AIATSIS 2025 Summit
ICIN staff are currently attending the AIATSIS Summit alongside representatives from many of ICIN's member organisations including the Kimberley Land Council (KLC), Central Land Council (CLC), Northern Land Council (NLC), and Indigenous Land and Sea Corporation (ILSC).
At the Summit, Kevin Smith from the National Native Title Tribunal reflected on the enduring impact of the Mabo case stating that Mabo’s courage and determination were instrumental to the claim, with Mabo believing the system had to recognise the land rights of his people despite all odds. Smith emphasised that native title is not just a legal concept, but a relationship between people, Country, and community and that strengthening people and relationships is the key to strengthening the future.
Read more about Indigenous rights and interests in the carbon space in ICIN's guide, which details the two key rights relevant to Indigenous people affected by carbon projects registered with the Clean Energy Regulator:
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Legal Right – the right to carry out the project activities on the land.
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Eligible Interest Holder (EIH) Consent – consent required from parties with a legal interest in the land.
ICIN advocates for native title claimants to be recognised under the EIH consent process, not just native title holders, to ensure that all Indigenous people with a recognised interest in Country are included in decisions about carbon projects.