A week of reflection

The vote meant that, like all other Australians, Aboriginal and Torres Strait Islander people would be counted as part of the population and the Federal Government would be able to make laws for them.

One of the most successful national campaigns in Australia’s history, 90.77 percent of the population voted “Yes”, and every state and territory had a majority result for the “Yes” vote.

It was an overwhelming mandate to change the Constitution and was an important step in First Nations ongoing advocacy for future change.

Reflecting on the 1967 campaign is particularly relevant now.

The newly-elected Federal Government has given a commitment to work towards a constitutionally enshrined Voice to Parliament — a change that will once again require a “Yes” vote via a referendum.

On May 27, there was another significant event — the appointment of Warramunga man, barrister and former crown prosecutor, Lincoln Crowley QC to the Queensland Supreme Court.

As the first Aboriginal judge to preside over an Australian superior court, this is another barrier that has been overcome.

Queensland’s attorney-general Shannon Fentiman said it was an “historic day”.

“The importance of ensuring that our judicial officers represent the diversity of our community cannot be understated,” Ms Fentiman said.

“This appointment is significant, not only for First Nations Queenslanders but for the Queensland justice system.”

The recent purchase of two rare artworks by Wurundjeri artist and leader William Barak, which were being sold by Sotheby’s Auction House in New York, was another important event.

Crowdfunding by the Wurundjeri Woi Wurrung Cultural Heritage Corporation and a $500,000 contribution by the Victorian Government has ensured this important part of the heritage and story of Australia has returned home.

Wurundjeri Elder and descendent of William Barak, Ron Jones said: “We brought an ancestor’s relic back to Australia where it belongs”.

He went on to say: “Uncle William’s paintings were depicting our culture and our history, through drawings”.

Repatriation of important cultural artefacts, such as the William Barak painting Corroboree (Women in Possum Skin Cloaks) and carved parrying shield, allows us all to learn more about our history and is part of healing and reconciliation.

They are very significant relics and are now part of our Victorian history.

And, of course, the recent federal election resulted in a record number of Aboriginal and Torres Strait Islander representatives elected to Parliament, including four new women.

The 10 First Nations’ politicians are part of the most diverse Federal Parliament in the nation’s history – a reflection of the diversity of our country.

Finally, June 3. The last day of Reconciliation Week.

June 3 — Mabo Day. The anniversary of the High Court of Australia’s historic Mabo Decision.

It is 30 years since this decision was handed down — a decision that recognised the Meriam people from Mer (Murray Island) in the Torres Strait, still had ownership of their lands.

It was an historic decision because it overturned the long-held legal concept of terra nullius — that the land belonged to no-one and there was no law that governed the occupation and use of lands.

When Captain James Cook landed at Botany Bay — the home of the Eora Nation — he claimed possession of the land for Britain under the doctrine of terra nullius.

Under the current international law of Europe at the time, there were three options to claim possession of another country:

• If the country was uninhabited, the crown could claim ownership of and settle the land.

• If the country was inhabited, Britain could seek permission from the existing people to use some of their land and arrange to purchase land for its own use. However, they were not permitted to steal the land of the Indigenous people.

• Finally, if the land was inhabited, Britain could acquire the country by invasion and conquest, defeat the country in war. However, under the existing law, Britain would still have to respect the rights of the native peoples.

Despite it being obvious that there were people living on this new land, the British took possession on the assumption that the continent of Australia was uninhabited.

There was no purchase of land nor was there any admission that there was an invasion.

The myth of terra nullius was born.

Eddie ‘Koiki’ Mabo, as the lead plaintiff in the case, and the people of Mer, believed that land was an intrinsic part of identity; that Meriam customs and laws were fundamental to their traditional system of ownership which in turn defined their traditional rights and obligations in relation to land.

The ruling in this long-running case acknowledged that the people of Mer were “entitled as against the whole world to possession, occupation, use and enjoyment of (most of) the lands of the Murray Islands”.

The majority ruling also held that the lands of the continent were not terra nullius when the British arrived; that Indigenous people had occupied the country for thousands of years and had a system of ownership based on their customs and laws.

It was a landmark decision that paved the way for Native Title legislation.

It is fitting that the last day of Reconciliation Week — Mabo Day — reflects the determination, courage and leadership of the Meriam people and the impact of change resulting from the Mabo decision.

It underscores this year’s theme, Be Brave. Make Change.

How can you follow up?

Wherever you are in Australia, you are on unceded Aboriginal or Torres Strait Islander land.

Know whose Country you are on and acknowledge Country.

Show you support First Nations ownership of Country.

Learn about Land Rights and Native Title in Australia.

Here are some ideas to make a start, so Be Brave. Make Change.

Visit the Australian Institute of Aboriginal and Torres Strait Islander Studies website https://aiatsis.gov.au/explore/land-rights

And the ANTaR website https://antar.org.au/