Yet, the two peoples had a common history of submission to a colonial power; and although allowed to remain on their ancestral lands, they were not informed that they’d been colonized.One of the oldest justifications for the occupation of inhabited land, the so-called terra nullius rule, was abandoned due to a lawsuit brought by the Meriam people, the Mabo case.
Res nullius | Land rights | Colonial rights | Namibian land issue | Herero genocide The acts and events by which that dispossession in legal theory was carried into practical effect constitute the darkest aspect of the history of this nation.
The nation as a whole must remain diminished unless and until there is an acknowledgment of, and retreat from, those past injustices.
Walvis Bay was not included in Namibia, since it was occupied by Britain.
European mission societies started working in Namibia in 1840.
In determining property rights, it didn’t really matter whether the land had been occupied, or if it had been ceded or conquered.
In 19th and early 20th century colonial legal thought, all “undiscovered land”, that is to say lands where no Europeans had settled, were considered as res nullius.In terms of understanding the colonial law of that time, when a territory became part of the Crown’s dominions, the law of England (so far as applicable to colonial conditions) became the law of the Murray Islands and their inhabitants – the Meriam people.Her Majesty acquired absolute ownership of all land in the islands.In 1890 German forces in Namibia started a vigorous crusade to make subjects of the native tribes.This resulted in the extermination of 75% of the Herero population and 50% of the Nama and Damara populations.What do the small Murray Islands (Mer, for the natives), which have a total land area of hardly nine square kilometers in the Torres Strait off the Queensland coast (Australia) have in common with Namibia?Surely not geography, nor even the history of their occupation.In these circumstances, the Court is under a clear duty to re-examine the two propositions.For the reasons which we have explained, that re-examination compels their rejection.Neither the Meriam people nor the individuals on the islands had any right or interest to any land in the territory, only the Crown could grant possession or ownership to anyone.The Namibian occupation was a bloody affair, unlike that of the Murray Islands.
Comments Eddie Mabo Case Essay
Eddie Mabo and Namibia - Sur - International Journal on.
The example of the Mabo case provides an opportunity to approach the land reform program in Namibia from a different perspective, at least in the central and.…
Assessment on Case Study; Eddie Mabo Australian.
Assessment on case study; Eddie Mabo Australian Indigenous and his pursuit of. Essays / Projects are typically greater than 5 pages in length and are.…
Five things you should know about the Mabo decision - The.
Jun 2, 2017. The Mabo decision was named after Torres Strait Islander Eddie 'Koiki' Mabo who led the fight to change land laws to recognise Indigenous.…
The mabo decision australian aboriginal land rights in. - jstor
Decision,2 the High Court of Australia in Eddie Mabo an v. The State of. 22 1992, who notes that the Mabo case presented the High Court with its first opportunity since. ereignty An Essay On R.v. Sparrow," 29 Alberta L. Rev. 498 1991.…
Eddie Mabo His legacy is much greater than 'the vibe.
Aug 31, 2017. I don't think there is an Australian court case more famous than the one that. yours and claiming it as your own 'Mabo-ing somebody's essay'.…
Eddie Mabo - Wikipedia
Eddie Mabo was an Indigenous Australian man from the Torres Strait Islands known for his role in campaigning for.…
Australian politics explainer the Mabo decision and native title
Apr 26, 2017. The Mabo decision changed Australia's concept of land ownership. Eddie Koiki Mabo left and Jack Wailu on the Torres Strait island of Mer.…
The story of Mabo - Sydney Morning Herald
Jan 31, 2014. Rachel Perkins' film Mabo celebrated the decision setting the Native Title Act. background and central role of Eddie Koiki Mabo, from Murray Island in the Torres Strait.…