‘A salvage exercise for Aboriginal rights’: human rights and social justice in Indigenous political responses to the Mabo (No.2) decision

Abstract

ABSTRACT The Mabo (No.2) decision in 1992 has been described as a historical turning point for the nation. In popular memory, it is associated with Eddie Mabo, then Prime Minister Paul Keating, and Indigenous activist and public intellectual Noel Pearson, who played an important role in seeing Mabo (No.2) embodied in Native Title law. Inasmuch as it is understood within the long history of Indigenous demands for rights, it is generally seen as pivotal in the turn to Indigenous rights. Mabo (No.2) put Indigenous sovereignty on the table like never before and emphasised its connection to self-determination and land rights in the Indigenous political agenda for rights. In this paper, I aim to expand understanding of this moment by demonstrating the ways in which human rights were deployed by Indigenous political actors, particularly those associated with the Aboriginal and Torres Strait Islander Commission, both during their discussions with the government as to the implications of the decision for Indigenous people on the Australian mainland and more generally in relation to Australia’s international human rights obligations.