Anniversary of the Mabo (No 1) Decision

8 December

On 8 December 1988, the High Court delivered its decision in Mabo v Queensland (No 1). The court held Queensland legislation invalid, removing a major obstacle to the Meriam plaintiffs’ land-rights case.

The challenge facing the plaintiffs

Eddie Koiki Mabo, David Passi, Sam Passi, Celuia Mapo Salee and James Rice pursued recognition of rights to their lands in the Torres Strait. During the proceedings, Queensland passed the Queensland Coast Islands Declaratory Act 1985. It sought to establish that the islands had become Crown land free of other rights and claims when annexed in 1879.

The plaintiffs challenged that legislation. The National Archives records that the High Court ruled it invalid on 8 December 1988. The National Museum explains that it conflicted with the Commonwealth Racial Discrimination Act 1975.

A distinct step in the Mabo cases

The 1988 ruling was not the final native-title judgment. It allowed the underlying question of the plaintiffs’ land rights to proceed. That question was determined in Mabo v Queensland (No 2) on 3 June 1992, the decision commemorated on Mabo Day.

Keeping these two decisions distinct helps show that legal change did not happen in a single moment. The case involved sustained work and multiple challenges, with the plaintiffs having to defend their ability to pursue recognition as well as the substance of their claim.

Reflecting on the anniversary

This date offers an opportunity to recognise the Meriam plaintiffs collectively and to learn about the legal barriers they confronted. Eddie Koiki Mabo’s name is widely known, but the contributions of the other plaintiffs should not disappear from the account.

When using the case in learning activities, distinguish a court’s recognition of rights from the existence of those rights within a people’s own laws and relationships with Country. Avoid suggesting that rights or connections began when a court recognised them.

The anniversary is also a useful reminder to check the precise decision being discussed before using the word “Mabo” as shorthand for a much longer history.

Sources and further learning

National Archives of Australia: Eddie Koiki Mabo and the Mabo case. The plaintiffs and the dates of both judgments.

National Museum of Australia: Mabo decision. Context for the litigation and the relationship between the two cases.

Our related products and resources

Somebody’s Land, by Adam Goodes and Ellie Laing, introduces younger readers to Country and the idea of terra nullius. It is a thematic learning resource, not a historical account of this particular event.

Our Flag, Our Story: The Torres Strait Islander Flag supports broader learning about Torres Strait Islander identity and the flag. It is not a history of the Mabo cases.