Moved by Councillor
Davis, seconded by Councillor Worling –
It is resolved that:
(A)
Council
note:
(i)
Mabo
Day is recognised annually on 3 June, following legal precedent set by the High
Court in 1992;
(ii)
the Mabo
Case set a precedent and was a significant legal case in Australian history
that recognised the land rights of the Meriam people, traditional owners of the
Murray Islands (which include the islands of Mer, Dauer and Waier) in the
Torres Strait;
(iii)
the
five Meriam people who mounted the case were Eddie Koiki Mabo, Reverend David
Passi, Sam Passi, James Rice and one Meriam woman, Celuia Mapo Sale. Eddie
Koiki Mabo was a driving force as the first named plaintiff therefore the case
became known as the Mabo Case;
(iv)
the
Mabo Case was successful in overturning the myth that at the time of
colonisation, Australia was ‘terra nullius’ or a land belonging to no one;
(v)
the
High Court recognised the fact that Indigenous peoples had lived in Australia
for thousands of years and enjoyed rights to their land according to their own
laws and customs; and
(vi)
in
1993, 12 months after the Mabo ruling, the Native Title Act 1993 was passed by
the Australian Parliament;
(B)
Council
further note:
(i)
consequently,
the Australian government enacted the Native Title Act in 1993. Native Title
legislation provides a framework for Aboriginal and Torres Strait Islander
Australians to claim traditional rights to land and waters, further cementing
Mabo's legacy in the legal and cultural recognition of Indigenous land rights;
(ii)
today,
almost 60 per cent of Australia is now subject to some level of First Nations’
land and water rights and interests (i.e. Native Title), including exclusive
possession rights (akin to freehold) over a quarter of the continent;
(iii)
in
2022, Torres Shire Council CEO Mrs Dalassa Yorkston, like many others, formed
part of an historic event being a signatory to both the Uluru Statement from
the Heart and the Masig Statement. Mrs
Yorkton noted, “2022 is a very significant year. The Masig Statement seeks to
achieve self-determination for the peoples of the Torres Strait and Northern
Peninsula Area”;
(iv)
the
Masig Statement extends to a culturally united path from the regional area to
all Torres Strait Island peoples working across Aboriginal lands of Australia;
(v)
this
motion acknowledges the need to address the impacts of climate change that are
affecting the Torres Strait Islands continued cultures and stewardship of their
traditional lands;
(vi)
this
motion also acknowledges the impact on Torres Strait Islanders living and
working in the City who are witnessing rising seas threatening to displace
their relatives living in the Straits; and
(vii)
the
need for capacity building and collaboration with the Torres Strait Islander
communities across Sydney to mitigate the impacts of climate change;
(C)
Council
endorse submission of this motion for consideration at the upcoming 2024 Local
Government NSW (LGNSW) Annual Conference calling on Local Government NSW to
work with relevant stakeholders to coordinate a program for state-wide
recognition across all NSW councils to officially recognise and support Mabo
Day annually; and
(D)
the
Chief Executive Officer be requested to:
(i)
investigate
ways to support recognition of Mabo Day and the Meriam people who mounted the
Mabo Case across the City through a program of events that commemorates Eddie
Mabo and celebrates the culture and contribution of Torres Strait Islander
people living on mainland Australia; and
(ii)
work
from a cultural framework as noted in the Masig Statement with the existing
self-determined Torres Strait Islander cultural authorities in both the Torres
Strait and in Sydney that can assist with culturally specific program
development.
Carried unanimously.
X086660