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The Mabo Judgement: Role Play Scenarios


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These scenarios outline some of the background characters and events leading up to the Mabo Judgement of 1992, the most groundbreaking High Court case in favour of Aboriginal land rights since European colonisation.

You will be organised into a group of 2-8, according to the number required for your scenario. Allow at least half a period to research some of the details involved with your scenario, using the suggested websites as a guide. You will then need time to develop, script and practise your role-play before presenting it to the class in chronological order of events.

1. A Question of Ownership (for a group of 2)

Date: 1970s

Characters:

Eddie Koiki Mabo, Torres Strait Islander from Murray Island (also known as Mer). He is currently a gardener at James Cook University in Townsville, Queensland. He was the founder of the first indigenous school in Australia. He has been involved in civil rights organisations in the past.

Henry Reynolds, white Australian, Professor of History at James Cook University and a friend of Eddie’s. He has also been involved in civil rights groups.

Setting: Henry’s university office.

Event: It is lunchtime. Eddie and Henry are eating and talking about many things. The main topics are Aboriginal and Torres Strait Islander traditional culture and the politics of the day.

Eddie – talks of growing up in the Murray Islands. He and his family own land. Eddie has not been back home for ten years but he is not worried about this land – everybody on the island knows it is Mabo land and the people there will look after it.

Henry – points out to Eddie that although he thinks it is his land, it’s actually all owned by the government (Crown land). According to white Australian law, Eddie doesn’t own any land on Murray Island.

Eddie (with a look of disbelief and horror on his face) – how could anyone be so mistaken about the land not belonging to his family?

Henry – suggests that because Eddie and his family are gardeners, they might be able to establish rights to their land in law.

2. Eddie in exile (for a group of 4-6)

Date: 1977-1982

Characters:

Eddie Koiki Mabo, Torres Strait Islander from Murray Island (also known as Mer). He is currently a gardener at James Cook University in Townsville, Queensland. He was the founder of the first indigenous school in Australia. He has been involved in civil rights organisations in the past.

Henry Reynolds, white Australian, Professor of History at James Cook University and a friend of Eddie’s. He has also been involved in civil rights groups.

James Cook University Grants Board

The Queensland state government

Setting: The university campus, and the Queensland State government office.

Event: Henry has secured a research grant to gather black oral history and Eddie has agreed to be his research assistant. Despite having no university qualifications, the university has agreed to send Eddie to Murray Island to visit the old people there and record their history about the Torres Strait.
The Islands are very much under the control of the Queensland Government. Eddie tries to get permission to go to his own islands – the Eastern Islands – and then to every island in the Torres Strait. The Queensland Government refuses to give him permission and Eddie is unable to return home. He realises that he is an exile.

3. Students get active (for a group of 7-8)

Date: 1981

Characters:

Eddie Koiki Mabo, Torres Strait Islander from Murray Island (also known as Mer). He is currently a gardener at James Cook University in Townsville, Queensland. He was the founder of the first indigenous school in Australia. He has been involved in civil rights organisations in the past.

Henry Reynolds, white Australian, Professor of History at James Cook University and a friend of Eddie’s. He has also been involved in civil rights groups.

Students at James Cook University

Legal Experts

Setting: James Cook University conference hall

Event: A group of students organise a conference on land rights in Australia. They invite many interested groups, especially legal experts who have a lot of experience in land rights legislation as well as working with Torres Strait Islanders. After many speeches and discussions, it is decided that a land claim by the Murray Islanders to traditional title (ownership) will be taken to the High Court. The aim of the claim is to establish in European law that the Islanders do in fact own their land.
Eddie and other Torres Strait Islanders, and Henry are invited speakers at the conference.

4. The government Acts up (for a group of 8+)

Date: 1980s

Characters:

Eddie Koiki Mabo, Torres Strait Islander from Murray Island (also known as Mer). He is currently a gardener at James Cook University in Townsville, Queensland. He was the founder of the first indigenous school in Australia. He has been involved in civil rights organisations in the past.

Henry Reynolds, white Australian, Professor of History at James Cook University and a friend of Eddie’s. He has also been involved in civil rights groups.

Legal Experts fighting for Torres Strait Islanders’ land rights in the courts

High Court Judge

Supreme Court of Queensland’s Justice Moynihan

Queensland government politicians

The Meriam people of the Murray Islands

University Students

Setting: The High Court (Canberra), The Supreme Court of Queensland, The Queensland Government House

Event: : Eddie, Henry, students and legal experts have recently decided that a land claim by the Murray Islanders to traditional title (ownership) will be taken to the High Court. The aim of the claim is to establish in European law that the Islanders do in fact own their land.
The case first goes to the High Court (in Canberra) to be accepted.
Then it returns to the Supreme Court of Queensland for the facts of the case to be assessed.
The Queensland Government acts quickly. They pass a piece of legislation through the House without debate – the Torres Strait Islands Coastal Islands Bill. The new law has just three lines: “Any rights that Torres Strait Islanders had to land after the claim of sovereignty in 1879, is hereby extinguished without compensation”.
Supporters of the Mabo case (including students and Islanders) can’t believe it!
The legal experts take this to the High Court, arguing that this Bill goes against the Racial Discrimination Act of 1975.
The High Court narrowly agrees, on a four to three majority. The racist Bill is rejected and the Mabo case is free to continue.

5. Victory at last! (for a group of 8+)

Date: 1991-92

Characters:

Eddie Koiki Mabo, Torres Strait Islander from Murray Island (also known as Mer). He is currently a gardener at James Cook University in Townsville, Queensland. He was the founder of the first indigenous school in Australia. He has been involved in civil rights organisations in the past.

Henry Reynolds, white Australian, Professor of History at James Cook University and a friend of Eddie’s. He has also been involved in civil rights groups.

Legal Experts fighting for Torres Strait Islanders’ land rights in the courts

High Court Judge

Supreme Court of Queensland’s Justice Moynihan

Queensland government politicians

The Meriam people of the Murray Islands

University Students

Setting: The High Court (Canberra), The Supreme Court of Queensland, The Queensland Government House

Event: : Eddie, Henry, students and legal experts have been trying to win a land claim by the Murray Islanders to traditional title (ownership) since 1981.The aim of the claim is to establish in European law that the Islanders do in fact own their land. They have encountered racism and sneaky law-making along the way, but recently the High Court has rejected a Queensland Government law which gave Torres Strait Islanders no land rights.

The Mabo case goes back to the Supreme Court of Queensland. Justice Moynihan gives a presentation of the facts of the case. Finally, in 1992 after Eddie dies, the High Court in Canberra reaches a decision that will change the course of Australian history. By a six to one majority, it decides that Eddie Mabo was right, that he did own his land – not because the Crown had given him a title, but because his family and his ancestors had owned the land at the time the government claimed sovereignty. The Merriam people of Torres Strait have the right to the full enjoyment of the Murray Islands. They celebrate!

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