Mabo v Queensland is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia. It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. The case is notable for being the first in Australia to recognise pre-colonial land interests of Indigenous Australians within the common law of Australia.
Terra nullius is a Latin expression meaning "nobody's land". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it. There are currently three territories sometimes claimed to be terra nullius: Bir Tawil, four pockets of land near the Danube due to the Croatia–Serbia border dispute, and parts of Antarctica, principally Marie Byrd Land.
Arnhem Land is a historical region of the Northern Territory of Australia, with the term still in use. It is located in the north-eastern corner of the territory and is around 500 km (310 mi) from the territory capital, Darwin. In 1623, Dutch East India Company captain Willem Joosten van Colster sailed into the Gulf of Carpentaria and Cape Arnhem is named after his ship, the Arnhem, which itself was named after the city of Arnhem in the Netherlands.
Native title refers to rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland in 1992. The doctrine was subsequently implemented and modified via statute with the Native Title Act 1993.
The Yolngu or Yolŋu are an aggregation of Aboriginal Australian people inhabiting north-eastern Arnhem Land in the Northern Territory of Australia. Yolngu means "person" in the Yolŋu languages. The terms Murngin, Wulamba, Yalnumata, Murrgin and Yulangor were formerly used by some anthropologists for the Yolngu.
The Gove Peninsula is at the northeastern corner of Arnhem Land in the Northern Territory of Australia. The peninsula became strategically important during World War II when a Royal Australian Air Force base was constructed at what is now Gove Airport. The peninsula was involved in a famous court case known as the Gove land rights case, when local Yolngu people tried to claim native title over their traditional lands in 1971, after the Australian Government had granted a mineral lease to a bauxite mining company without consulting the local peoples. Today the land is owned by the Yolngu people.
Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. Land is a major economic asset, and in some Indigenous societies, using natural resources of land and sea form the basis of their household economy, so the demand for ownership derives from the need to ensure their access to these resources. Land can also be an important instrument of inheritance or a symbol of social status. In many Indigenous societies, such as among the many Aboriginal Australian peoples, the land is an essential part of their spirituality and belief systems.
The Yirrkala bark petitions, sent by the Yolngu people, an Aboriginal Australian people of Arnhem Land in the Northern Territory, to the Australian Parliament in 1963, were the first traditional documents prepared by Indigenous Australians that were recognised by the Australian Parliament, and the first documentary recognition of Indigenous people in Australian law. The petitions asserted that the Yolngu people owned land over which the federal government had granted mining rights to a private company, Nabalco.
Where the Green Ants Dream is a 1984 English-language West German film co-written and directed by Werner Herzog, made in Australia. Based on a true story about Indigenous land rights in Australia but slated as a mixture of fact and fiction, the film only got a limited release in Australia and was not well received by critics, although it did fare a bit better in Europe and North America.
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.
Raymattja Marika, also known as Gunutjpitt Gunuwanga, was a Yolngu leader, scholar, educator, translator, linguist and cultural advocate for Aboriginal Australians. She was a Director of Reconciliation Australia and a member of the Australian Institute of Aboriginal and Torres Strait Islander Studies. She was also a director of the Yothu Yindi Foundation and a participant in the 2020 Summit, which was held in April 2008. Marika advocated understanding and reconciliation between Indigenous Australian and Western cultures.
The Aboriginal Land Rights Commission, also known as the Woodward Royal Commission, was a Royal Commission that existed from 1973 to 1974 with the purpose to inquire into appropriate ways to recognise Aboriginal land rights in the Northern Territory of Australia. The Commission was chaired by Justice Edward Woodward, who was appointed to the role by Gough Whitlam. It was not long after the 1971 defeat of the Yolngu claimants in the Northern Territory Supreme Court, in Milirrpum v Nabalco Pty Ltd, in the first Aboriginal land rights case in Australia.
Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, are the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia; the term may also include the struggle for those rights. Connection to the land and waters is vital in Australian Aboriginal culture and to that of Torres Strait Islander people, and there has been a long battle to gain legal and moral recognition of ownership of the lands and waters occupied by the many peoples prior to colonisation of Australia starting in 1788, and the annexation of the Torres Strait Islands by the colony of Queensland in the 1870s.
Nabalco, was a mining and extraction company set up in 1964 to exploit bauxite reserves on the Gove Peninsula, Australia. Nabalco was renamed Alcan Gove Pty Ltd in 2002.
Roy Dadaynga Marika was an Aboriginal Australian artist and Indigenous rights activist. He was a member of the Marika family, brother of Mawalan 1 Marika, Mathaman Marika, Milirrpum Marika and Dhunggala Marika.
Mungurrawuy Yunupingu (c.1905–1979) was a prominent Aboriginal Australian artist and leader of the Gumatj clan of the Yolngu people of northeastern Arnhem Land in the Northern Territory of Australia. He was known for his bark paintings.
Ishmael Marika is a Yolngu musician, filmmaker, director and producer. His installations have been exhibited in many of Australia's most important museums, including the Museum of Contemporary Art in Sydney and the Art Gallery of South Australia in Adelaide. He is currently the Creative Director for the pre-eminent Indigenous media unit in Australia, the Mulka Project, based at Buku-Larrnggay Mulka Art Centre at Yirrkala in Northeast Arnhem Land. The Mulka Project seeks to preserve and disseminate the sacred languages and cultural practices of the Yolngu people by collecting and archiving photographs, audio and video.
Mawalan Marika (c.1908–1967), often referred to as Mawalan 1 Marika to distinguish from Mawalan 2 Marika, was an Aboriginal Australian artist and the leader of the Rirratjingu clan of the Yolngu people of north-east Arnhem Land, in the Northern Territory of Australia. He is known for his bark paintings, carvings and political activism.
Milirrpum Marika, also known as Jacky and also referred to simply as Milirrpum, was a Yolngu artist and community leader from East Arnhem Land, Northern Territory of Australia. He was best known for his involvement in the landmark court case Milirrpum v Nabalco Pty Ltd (1971), aka the Gove land rights case, which was the first significant legal case for Indigenous land right and native title in Australia and led to the federal Aboriginal Land Rights Act 1976.
Mathaman Marika (c.1920–1970) was an Aboriginal Australian artist and Indigenous rights activist. He was a member of the Rirratjingu clan of the Yolngu people of north-east Arnhem Land in the Northern Territory, and one of the well-known Marika family, brother of Mawalan 1 Marika, Milirrpum Marika, Roy Dadaynga Marika, and Dhunggala Marika. Mathaman was second oldest after Mawalan.
