logo
Heartbroken but not defeated: Elders vow to fight on despite loss in climate case

Heartbroken but not defeated: Elders vow to fight on despite loss in climate case

SBS Australia17-07-2025
Torres Strait Islander Elders are heartbroken by Tuesday's Federal Court loss in the Australian Climate Case – but they are not defeated and have vowed to fight on.
Worried about the alarming effects climate change and rising sea levels were having on their islands, in 2021 Uncle Pabai Pabai and Uncle Paul Kabai launched court action against the Commonwealth, claiming the Australian Government had failed in its duty of care to them by not taking strong enough action to curb carbon emissions.
On Tuesday Federal Court Judge Michael Wigney ruled against the Uncles, saying the law, as it stands, wasn't able to support their case. But the judge was sympathetic to the Islanders' argument that the Australian Government had not taken the best available science into account when it set emissions reduction targets in 2015, 2020 and 2021 and that their homelands face a bleak future due to human-induced climate change. Uncle Pabai told NITV they were disappointed by the decision but they are looking to the next opportunity to fight for their islands.
"I'm still feeling emotional, because when I was looking at all the families around us, they supported us and gave us the encouragement to go through this journey," he said.
Uncle Paul said he was feeling overwhelmed but the decision wasn't the end of their journey, just one step on it. "We've taken the judge to see what's happening on our islands," he said. "The Australian Government is not doing enough, they are not listening to us. "Our young generation is telling them it is time now to have our say to the government.
"The world is already watching us now and they know about how our islands are sinking – we will be climate change refugees."
Uncle Pabai said his main focus during the case had been his two-year-old son, and that was who he would keep fighting for. "For the love of my son and for all the people in our community in the Torres Strait, for the bushfire and flood survivors, the farmers, kids and grandkids," he said. "I'll keep fighting and will sit down with my lawyers and look at how we can appeal.'
Lawyers who worked on the Uncles' case, Brett Spiegel and Isabelle Reineke, both told NITV that, while the judgment was disappointing, there were positives to be taken from the case.
"I have very mixed emotions," Mr Spiegel said. "On the one hand we were encouraged that his Honour recognised that there is an existential threat to the Torres Strait and that the Government's actions have been insufficient and not connected to science ... "It was disappointing that he ultimately reached the conclusion that didn't have the power as a single judge at the trial level to be able to find a duty of care." Ms Reineke pointed out that one of the Uncles' heroes, Eddie Koiki Mabo, had losses in court until the High Court decision that bears his name – Mabo No. 2 – overturned the myth of terra nullius (land belonging to no-one) and recognised that the Meriam people had land rights.
"Often, the system takes multiple steps, and today is definitely just the next step in a pathway to justice," she said. "The Uncles really stand on the incredible legacy of Uncle Koiki and other Torres Strait Islander leaders like him. "They are confident that they can continue to pursue justice, both within court and hopefully achieve, ultimately, a victory like Uncle Koiki did in the High Court – and, if not in the court, on the streets."
Following the decision Climate Change Minister Chris Bowen and Indigenous Australians Minister Malarndirri McCarthy released a statement saying they understood the Torres Strait Islands are vulnerable to climate change and that the Commonwealth was considering the judgment.
"Where the former Government failed on climate change, the Albanese Government is delivering – because it's in the interest of all Australians," the statement said. "That's why we're continuing to turn around a decade of denial and delay on climate, embedding serious climate targets in law and making the changes necessary to achieve them." "I understand that since the decision Mr Bowen has already said he understands the impacts of climate change and he thinks the government is delivering," she said. "Come and sit with me on Saibai and look those kids in the eyes and you tell them that your government is doing enough when they have 20 years left in their islands. "Your government just approved an extension of another massive fossil fuel project in Western Australia – that will drown us.
"Stop lying to us."
Aunty McRose said she had a message for the Prime Minister, Minister Bowen and Minister Watt: "We see you; how dare you!" she said. "Wake up, the world is watching, our fearless ancestors are watching. "We will cry together and, after crying, together we will rise.
"We will not fail, we will have that victory."
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Australia and Vanuatu close to signing Nakamal Agreement worth $500m
Australia and Vanuatu close to signing Nakamal Agreement worth $500m

ABC News

time2 hours ago

  • ABC News

Australia and Vanuatu close to signing Nakamal Agreement worth $500m

Australia and Vanuatu are close to signing an "ambitious" new strategic pact that will see the federal government plough about half a billion dollars into the Pacific island country over the next decade. Vanuatu's Council of Ministers is widely expected to endorse the Nakamal Agreement later today after months of negotiations between the two countries. Foreign Minister Penny Wong, Defence Minister Richard Marles and Pacific Minister Pat Conroy will then join Vanuatu's Prime Minister Jotham Napat and other senior leaders on the island of Tanna tomorrow to give their initial agreement to the pact, ahead of a formal signing next month. Mr Napat's office said in a statement the development and security agreement would "cover a wide range of bilateral issues, including infrastructure planning, economic development, and climate resilience initiatives in light of the devastating December 17 earthquake of 2024". "The partnership between Vanuatu and Australia remains strong, especially as Vanuatu continues its recovery efforts," it said. One Australian government source said Vanuatu had driven "quite a hard bargain", but insisted the pact would boost Vanuatu's development while buttressing Australia's strategic position in the country — which is also being energetically courted by China. Under the pact, Australia is expected to make substantial commitments worth up to $500 million over a decade — or $50 million a year. For example, Australia would provide approximately $120 million to help Vanuatu deliver its plan to build two "large data centres" in both Port Vila and Santo. Australia is also expected to deliver around $100 million in security assistance and budget support worth $55 million, and more than $110 million to help Vanuatu deal with the impacts of climate change. The federal government is also expected to make smaller financial contributions to boosting labour mobility, fostering cultural connections and improving digital connectivity. But several details in the agreement remain under wraps. For example, it is not yet clear whether Australia will offer any concessions to Vanuatu on travel and migration, which is an issue likely to be closely watched by other Pacific nations. Last month Mr Napat declared he would not sign the Nakamal Agreement unless Australia agreed to offer "visa-free" travel to his country, saying the pact had to be "win-win" for both countries. Successive Australian governments have been unwilling to relax visa and travel rules for Pacific nationals, partly due to fears a large proportion would remain in Australia illegally. Relaxing travel restrictions for the Pacific could also be politically contentious. Australian officials have previously raised deep concerns about Vanuatu's contentious "Citizenship By Investment" scheme — sometimes called the Golden Passport program — which critics say has drawn oligarchs and criminals seeking to evade foreign law enforcement. It is not yet clear what commitments Vanuatu has made to Australia on the security front. The Pacific island nations of Tuvalu and Nauru have effectively handed Australia the right to veto security agreements with third nations under sweeping treaties they signed with Canberra in 2023 and 2024 respectively. But Vanuatu has long maintained a fierce commitment to non-alignment — or "friends to all, enemies to none" — and is very unlikely to make a similar commitment to Australia. In 2022, Vanuatu's then-Prime Minister Ishmael Kalsakau signed a contentious security agreement with Ms Wong that labelled Australia as Vanuatu's "principal security partner" and said both countries would "consult" with each other on any "common security interests." But Mr Kalsakau's cabinet rebelled in the wake of that agreement, accusing the prime minister of going above the heads of his ministers and parliament — and the security agreement was never ratified by either Australia or Vanuatu. The statement from Mr Napat's office suggested the Nakamal Agreement will supersede the 2022 security pact. "It is important to note that a security agreement signed in late 2022 between Australia and the former Government of then Prime Minister Ishmael Kalsakau was never approved by COM, let alone parliament!" it said. A spokesperson for the Foreign Minister Penny Wong said discussions on the Nakamal Agreement were "progressing" but "there is still work to do on both sides." "We look forward to continuing our constructive conversations on the ground as we work towards reaching an agreement that delivers shared objectives," they said. "Our visit to Vanuatu highlights the respect, shared values, and cultural and religious connections that are the platform for deepening the partnership between our countries." "As we have shown through our Pacific partnerships, Australia is open to ambitious agreements where they advance the prosperity and security of our region."

Australia should lead global food security, expert says
Australia should lead global food security, expert says

ABC News

time2 hours ago

  • ABC News

Australia should lead global food security, expert says

The Indo-Pacific is facing significant climate and population pressures, and that presents Australia with an opportunity it must take to become a leader in food security across the region. That's the key message at this year's Crawford conference, the country's largest food security event which continues in Parliament House today. It comes as experts increase calls for urgent, coordinated action, arguing it is one of national security and a foreign policy priority.

Palestinian Authority says Australia's recognition will encourage other nations to follow
Palestinian Authority says Australia's recognition will encourage other nations to follow

ABC News

time2 hours ago

  • ABC News

Palestinian Authority says Australia's recognition will encourage other nations to follow

The Palestinian Authority (PA) in the West Bank says it is prepared to yield to demands from countries including Australia to reform its processes and administration, as part of the process to recognise Palestinian statehood. On Monday, the Australian government announced it would shift its policy in the Middle East and recognise a Palestinian state, following similar moves by France, the United Kingdom and Canada. Each of those nations have attached slightly different conditions to their support, with Prime Minister Anthony Albanese saying the PA needed to commit to measures such as demilitarisation, financial transparency and to hold elections. "Reform is a Palestinian demand," the PA's foreign minister Varsen Aghabekian told the ABC from her offices in Ramallah. "Yes, there were conditions by various countries on reform — but as a start, it's a Palestinian demand. "We want to become better in terms of how we govern our institutions, how we deal with our money, how we use best practices." The last Palestinian presidential election was in 2005, while the last parliamentary election was the following year. Dr Aghabekian blamed Israeli restrictions for making it too difficult to hold a poll. "Elections are a must, and as Palestinians, we want democratic processes, we want a democratic country whereby we can elect our leaders and we have been denied that democratic process because we are living under abnormal conditions," she said. "We are under occupation and that democratic process cannot include the entirety of occupied Palestine today." She said Palestinians in occupied East Jerusalem were being blocked from taking part, and Gazans also needed to have their say in any ballots. Despite the Albanese government's insistence it is not a major player in the Middle East, the PA foreign minister argued it was influential in global affairs. "Australia is a weighty country, its recognition will make a difference, it will bring others to recognise, hopefully, and it safeguards the two-state solution," she said. "It sends a very clear message that Australia is with international law, it respects international law, it respects the rights of people to self-determination, and it wants to move alongside the Palestinians and the Israelis on the peace track." Dr Aghabekian said she had received a call from her Australian counterpart Penny Wong on Sunday night, local time, informing her an announcement was imminent. But she revealed she woke to the news on Monday morning with surprise, hours after Senator Wong and Prime Minister Albanese revealed the decision in Canberra. While Australia has joined allies in the move, the biggest player in the debate has not, with the United States remaining opposed. "It's not fruitless, it's fruitful," Dr Aghabekian said of the Albanese government's decision to act before the US. "That will create a critical mass of nearly the whole world saying that there's a consensus on this illegal occupation and the need to dismantle this occupation." A White House official said the US President Donald Trump viewed recognising a Palestinian state now as a reward for Hamas after the deadly October 7, 2023 attacks on Israel. Fifty Israeli hostages are still held captive in Gaza, 20 of whom are believed to be alive. It echoes the rhetoric from senior members of the Israeli government, including President Isaac Herzog. "These declarations, by Australia and other countries, are a reward for terror, a prize for the enemies of freedom, liberty, and democracy," he said on Monday. "This is a grave and dangerous mistake, which will not help a single Palestinian and sadly will not bring back a single hostage." Ahead of the announcement, Israeli Prime Minister Benjamin Netanyahu said it was "shameful" countries such as Australia would consider the issue. Dr Aghabekian rejected the sentiment. "It's not a reward for Hamas, it is a reward for the plight of the Palestinian people who have been suffering immensely for seven decades. "And non-recognition is a reward to the extremists in Israel, whether in the government or the settler organisations and their leaders." Israel's occupation of the Palestinian territories was ruled illegal by the International Court of Justice last year. News of the Albanese government's decision had quickly spread through the streets of Ramallah, 15 kilometres and a concrete wall away from Jerusalem. "Honestly, it's amazing," Saida Shahout told the ABC. "We've seen something that we've never seen before, which is more countries are siding with us and seeing the injustice that's happening with our country and with the people of Gaza." Her sister Huseina said the move was long overdue. "We're at this point in our lives where why does everything have to [come from] war? " she said. "Why is it always a violent action? Why can't we just come to an agreement? You're a person, I'm a person and we can both sit at the same table and have a meal. "When you cut me, I bleed the same colour you bleed — there should be no difference between the two." West Bank resident Amjad Tamimi welcomed the decision. "I see the Australian advancement together with many other countries — France which was, to be honest, the first initiator in this direction — this is a good thing and will bring peace to the region and stability," he said. "Naturally this talk, the recognition of these states, the Palestinian state, will have an impact on the Palestinian situation in general — the political situation, the economic situation, the social situation." Fellow local Azmi Samah feared symbolism would only go so far, as the Palestinian population was under threat from Israeli forces. "The Palestinians have been here for a long time, we are not waiting to be recognised, they recognise us from the outside, but if we are not given a state, then we have not benefited," he said. "So if the whole world recognises it and we in the reality don't have a state, then we have not benefited from this at all." His comments point to the concerns around issues such as Israeli settlements being built throughout the West Bank — a practice that is illegal under international law, but which the Israeli government approves and encourages. The Albanese Government's push to recognise Palestinian statehood has happened 22 months into the war in Gaza, where local health authorities say more than 60,000 Palestinians have been killed. "What we are experiencing is something incomprehensible, something that we have never experienced in the past," Dr Aghabekian said. "And this recognition brings to the Palestinian people a glimpse of hope, and this is exactly what the Palestinian people would like to feel, especially at this specific moment. The shift in Australian foreign policy also comes days after Israeli Prime Minister Benjamin Netanyahu announced an expansion of his country's military offensive in Gaza. Mr Netanyahu has rejected international condemnation of plans to seize control of Gaza City, displacing hundreds of thousands of Palestinians in the process. He insisted it was the way to end the war with Hamas quickly, and claimed Arab nations — not the PA — could take over civil governance of the strip in the post-Hamas era. "Israel can say whatever it wants, because, frankly, Israel doesn't want to see anybody in the Gaza Strip," Dr Aghabekian said. "But the only entity that can shoulder that responsibility is the Palestinian Authority, and it can be supported by the Arab, Islamic, and the world at large in terms of the assistance, the security assistance, the technical assistance, the funding that is needed."

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store