Indigenous Torres Strait Islanders Challenge Australian Government in Pivotal Climate Case Appeal

Share and Follow

Two Torres Strait Islander men have filed an appeal in the Federal Court after losing a landmark duty of care climate case against the Commonwealth in July.

Justice Michael Wigney recently dismissed the case brought by Uncle Pabai Pabai and Uncle Paul Kabai, who argued that the Australian Government had been remiss in its efforts to combat climate change. The two men claimed that the government’s inaction had been negligent, putting First Nations communities at greater risk from the impacts of global warming.

While he ruled that the case had not proven negligence by the government, he did accept many of the key facts regarding the serious impacts human induced climate change was having on the Torres Strait Islands.

The new appeal is claiming that the judged erred in some of his conclusions and will argue that the government does owe a duty of care to Torres Strait Islander peoples regarding climate change.

An impending appeal will challenge the Federal Court to reconsider whether the government should be allowed to continue endorsing policies and projects that exacerbate greenhouse gas emissions. This legal battle carries significant weight as it reflects the growing tension between policy decisions and their real-world impacts, especially on vulnerable communities.

In a statement, Uncle Paul and Uncle Pabai said they would continue fighting for their communities.

“We’ve decided we’re going to continue this fight because we don’t have a choice,” Uncle Paul said.

Uncle Pabai Pabai and Uncle Paul Kabai remain firm in their commitment to this cause, emphasizing the broader implications of their fight. “We must continue this struggle, not only for our own communities but for our brothers and sisters on the mainland, in the Pacific, and for those affected by bushfires, floods, and climate change across the board,” they stated. Their resolve is intertwined with the emotional toll of potentially losing cherished aspects of their heritage and environment.

Uncle Pabai said human induced climate change was causing catastrophic harm to his people.

“My community right now is preparing for our homes to be flooded by rising seas when the next king tides come this summer,” he said.

“The scientists have told us we could have less than 30 years before we lose our islands, our homes, our connection to everything.”

Isabelle Reinecke, Founder and National Director of Grata Fund, said similar cases overseas have succeeded and that Australian law must soon follow suit.

“In fact, recently the International Court of Justice found that parties to the Paris Agreement, including Australia, have a legal obligation to set emissions targets that align with a goal of limiting global warming to 1.5°C above pre-industrial levels,” she said.

The case is being closely watched both nationally and internationally as one of the first climate change negligence lawsuits brought by Indigenous peoples against a national government.

Aunty McRose Elu, a senior Elder from Seisia and Saibai, said it was their “destiny” to keep fighting.

“We are thinking about Eddie Mabo and his journey through the courts. He suffered losses but he never gave up,” she said.

While the legal setback is disheartening, their determination to press on is unwavering. “Our hearts break for what we will lose, but they are also strong with our conviction to keep fighting,” they declared, underscoring their steadfast dedication to seeking justice and accountability.