Rights and Freedoms · Term 2

March on Washington and 'I Have a Dream'

Students will examine the 1963 March on Washington for Jobs and Freedom, focusing on its goals and Martin Luther King Jr.'s iconic speech.

About This Topic

The legal battle led by Eddie Koiki Mabo is a cornerstone of modern Australian history. This topic focuses on the High Court's 1992 decision in Mabo v Queensland (No 2), which overturned the legal fiction of 'Terra Nullius', the idea that Australia was a 'land belonging to no one' at the time of European settlement. Students explore the decade-long struggle of the Meriam people to have their traditional land ownership recognised and the subsequent creation of the Native Title Act 1993.

For Year 10 students, this unit is essential for understanding the legal foundations of reconciliation and the ongoing importance of land to First Nations peoples. It involves complex legal concepts that are best understood through active learning strategies like mock trials, collaborative analysis of the High Court's ruling, and station rotations that explore the different perspectives of farmers, miners, and Indigenous groups.

Active Learning Ideas

Mock Trial: Mabo v Queensland

Students take on roles as lawyers for Eddie Mabo and the State of Queensland. They present arguments regarding the continuous occupation of the Murray Islands and the validity of 'Terra Nullius.' A student 'High Court' panel then deliberates based on the evidence presented. This clarifies the legal shift from 'Terra Nullius' to Native Title.

⏱ 60 min·Whole Class

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Stations Rotation: Perspectives on Native Title

Set up stations representing different stakeholders: Indigenous traditional owners, pastoralists (farmers), and mining companies. Students move through each station to read their concerns and hopes regarding the Native Title Act. They record how the law attempts to balance these competing interests.

⏱ 45 min·Small Groups

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Think-Pair-Share: The Meaning of 'Terra Nullius'

Students reflect on why the British used the term 'Terra Nullius' and what it meant for Indigenous people for over 200 years. In pairs, they discuss why overturning this myth was a necessary step for reconciliation. They then share their thoughts on how this legal change affects Australia's national identity today.

⏱ 25 min·Pairs

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Watch Out for These Misconceptions

Common Misconception

The Mabo decision meant that everyone would lose their backyards to Native Title claims.

What to Teach Instead

The High Court ruled that Native Title cannot exist over 'freehold' land (private homes). It only applies to certain types of crown land where a continuous connection to country can be proven. Using a 'land type' sorting activity helps students understand where Native Title can and cannot apply.

Common Misconception

Native Title is the same as owning land in the traditional sense.

What to Teach Instead

Native Title is a recognition of pre-existing rights under Indigenous law, which is different from Western 'fee simple' ownership. It often involves rights to hunt, fish, or perform ceremony rather than the right to sell the land. Peer discussion of these different 'bundles of rights' helps clarify the concept.

Frequently Asked Questions

Who was Eddie Mabo?

Eddie Koiki Mabo was a Meriam man from the island of Mer (Murray Island) in the Torres Strait. He was a community leader and activist who spent ten years fighting a legal battle to prove that his people owned their land before British arrival. Sadly, he passed away just months before the High Court's historic ruling.

What is 'Terra Nullius'?

Terra Nullius is a Latin term meaning 'land belonging to no one.' The British used this legal doctrine to justify claiming Australia without a treaty or payment, ignoring the presence of First Nations peoples. The Mabo decision finally proved this was a legal myth. Students can investigate why it took until 1992 to overturn this idea.

What did the Native Title Act 1993 do?

Following the Mabo decision, the Keating Government passed this law to set up a legal process for Indigenous groups to claim Native Title. It also provided a way to validate existing land leases for farmers and miners. In class, students can examine how this law turned a court ruling into a functioning government system.

How can active learning help students understand the Mabo case?

Active learning strategies like mock trials and stakeholder rotations help students navigate the complex legal and social landscape of the Mabo case. By 'arguing' the case or 'representing' a farmer, students see that the decision wasn't just a dry legal ruling, but a profound shift in how Australia views its history and its land. This makes the concept of Native Title much more accessible and memorable.

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