In a historic and emotional ceremony, the Queensland government yesterday handed the century-old "reserve" title over Eddie Mabo's beloved Murray Islands - of Mer, Dauar and Waier - to the Meriam people.
For many of the 440 residents, the transfer from state to communal ownership of the islands, on the eastern edge of the Torres Strait, is as important as the High Court's Mabo decision proved to be for them and the wider indigenous community two decades ago. Malcolm Mabo, son of the campaigner, travelled back to Mer with his sister Betty to participate in the ceremony with the island's eight clans, whose ancient land inheritance custom is central to their culture and was decisive in securing the 1992 native title victory.
Betty had tears in her eyes as Malcolm said his father would have been "very pleased" with the Meriam people finally "getting their land back".
"Today is the realisation of Dad's dream. Native title was important for him and for all indigenous people because it recognised our traditional ties and custom, and gave the right to negotiate over use of the land. But this is about ownership, control over our lands, so that we can start to use land for enterprise, to develop an economic future. It is a stepping stone to autonomy, it is what Dad spoke about when we were kids, what he fought for in the courts," Malcolm said.
The Mabo decision - delivered five months after Mabo's death, at age 56 - overturned the concept of terra nullius and, for the first time, secured recognition of native title over the Murray Islands, paving the way for claims across the nation.
Despite the celebrated legal win, the Meriam people have since had less control over their lands than most other indigenous communities around the country.
Since 1912, the Meriam people have had to seek approval of a state departmental boss in Brisbane if they wanted to build anything - homes, toilet block - because the sub-tropical islands were among the few communities still set aside as "reserve" under trusteeship of the state.
Across Queensland, most communities exist under Deed of Grant in Trust, where the locally elected councils decide the use of the land. Now the Murray Islanders' registered native title body corporate - Mer Gedkem Le - owns the communal title and will make those decisions.
Doug Passi, chairman of the body corporate, who served as an interpreter during the decade-long fight, said there was no reason why a community that had had a "system in place" for thousands of years to handle disputes, should have to seek state approval to make a decision.
"We just want to run our own affairs," Mr Passi said after the ceremony, attended by several hundred locals and which ended with a performance by traditional dancers.
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