Latest news with #UnclePaulKabai
Irish Times
9 hours ago
- Politics
- Irish Times
Indigenous leaders in ‘deepest pain imaginable' as Australian court dismisses climate case
Two Torres Strait community leaders say they are shocked and devastated after the federal court dismissed a landmark case that argued the Australian government breached its duty of care to protect the Torres Strait Islands from climate change . The lead plaintiffs, Uncle Pabai Pabai and Uncle Paul Kabai from the islands of Boigu and Saibai, sought orders requiring the government to take steps to prevent climate harm to their communities, including by cutting greenhouse gas emissions at the pace climate scientists say is necessary. In delivering the decision, Justice Michael Wigney noted: 'There could be little if any doubt that the Torres Strait Islands and their inhabitants face a bleak future if urgent action is not taken.' In a statement on Tuesday afternoon, Uncle Paul said: 'I thought that the decision would be in our favour, and I'm in shock. This pain isn't just for me, it's for all people Indigenous and non-Indigenous who have been affected by climate change. What do any of us say to our families now?' READ MORE He added later: 'Mr [Anthony] Albanese [Australia's prime minister] and his expensive government lawyers will stand up and walk away ... They go home and sleep soundly in their expensive beds. We go back to our islands and the deepest pain imaginable.' The class action, filed in 2021, argued the government had a legal duty of care towards Torres Strait Islander peoples and that it had breached this duty by failing to prevent or deal with damage in the Torres Strait linked to global heating. Wigney's summary said the applicants' case had failed 'not so much because there was no merit in their factual allegations' but because the common law of negligence 'was not a suitable legal vehicle'. He said the reality was that current law 'provides no real or effective legal avenue through which individuals and communities like those in the Torres Strait Islands' can claim damages or other relief for harm they suffer as a result of government policies related to climate change. Wigney said that would remain the case unless the law changed. 'Until then, the only real avenue available ... involves public advocacy and protest and, ultimately, recourse via the ballot box,' he said. 'My heart is broken for my family and my community,' Uncle Pabai said after the judgment. 'I'll keep fighting and will sit down with my lawyers and look at how we can appeal.' Brett Spiegel, principal lawyer at Phi Finney McDonald, the firm representing Uncle Pabai, Uncle Paul and their communities, said the legal team 'will review the judgment ... and consider all options for appeal'. Hearings in the case were held in 2023 in Melbourne and on Country in the Torres Strait to allow the court to tour the islands and view the impacts of climate change. On Saibai Island, homes were already being inundated by king tides, the cemetery had been affected by erosion and sea walls had been built. The legal challenge is supported by the Urgenda Foundation and Grata Fund, a public interest organisation that helps individuals access the courts. It was modelled on the Urgenda climate case against the Dutch government – the first case in the world in which citizens established their government had a legal duty to prevent dangerous climate change. [ Sally Hayden: Climate change is human made, but not all humans have played same role in it Opens in new window ] In the judgment summary, released on Tuesday, Wigney said 'the applicants succeeded in establishing many of the factual allegations that underpinned their primary case'. In particular, the court found that when the federal government set climate targets in 2015, 2020 and 2021 – when a coalition was in power – it 'failed to engage with or give any real or genuine consideration to what the best available science indicated was required' for Australia to play its part to meet the goals of the Paris climate agreement. The court found 'when the Commonwealth, under a new government, reset Australia's emissions reduction target in 2022, it did have some regard to the best available science'. Wigney found that the Torres Strait Islands 'have been, and continue to be, ravaged by climate change and its impacts'. He agreed the evidence indicated this damage had become more frequent in recent times, 'including the flooding and inundation of townships, extreme sea level and weather events, severe erosion, the salination of wetlands and previously arable land, the degradation of fragile ecosystems, including the bleaching of coral reefs, and the loss of sea life'. Despite this, Wigney found the applicants had not succeeded in making their primary case related to negligence. He found the government did not owe Torres Strait Islanders a duty of care because, in respect to the law of negligence, courts had established that matters involving 'high or core government policy' were to be decided through political processes. Isabelle Reinecke, the founder and executive director of Grata Fund, said 'the court was not yet ready to take the step we all need it to and hold the Australian government accountable for it's role in creating the climate crisis'. But she said it had made strong findings that the 'Australian government knows that Torres Strait communities are being ravaged by climate change'. In a joint statement, the climate change minister, Chris Bowen, and the minister for Indigenous Australians, Malarndirri McCarthy, said: 'Unlike the former Liberal government, we understand that the Torres Strait Islands are vulnerable to climate change, and many are already feeling the impacts.' Bowen and McCarthy said the government 'remains committed to both acting to continue to cut emissions, and adapting to climate impacts we cannot avoid'. 'We are finalising Australia's first national climate risk assessment and national adaptation plan to help all communities understand climate risk and build a more resilient country for all Australians,' they said. - Guardian
ABC News
18 hours ago
- Politics
- ABC News
Court finds no duty of care owed to Torres Strait Islanders over climate change
The Federal Court has found the Commonwealth does not owe a duty of care to Torres Strait Islander peoples to protect them from the impacts of climate change or fund adaptation measures. Judge Michael Wigney ruled Australia's greenhouse gas emissions targets are matters of "core government policy" which should be decided by the parliament, not the courts. "My heart is broken for my families and my community," Guda Maluyligal traditional owner Uncle Pabai Pabai said after the decision was handed down. The judge also rejected the Torres Strait Islanders' claims that their cultural loss should be compensated under negligence law. Uncle Paul Kabai and Uncle Pabai Pabai — from the islands of Saibai and Boigu — brought the case and travelled almost 900 kilometres from their ancestral homes to the Federal Court in Cairns to hear the outcome. Despite the finding, the judge also said the Uncles had proven many of the factual elements of their case, including that Australia's emissions targets between 2015 and 2021 were not consistent with the best available science to hold global temperatures to 1.5 degrees. He found the Commonwealth "did not engage with or give real or genuine consideration to the best available science" when setting those targets. The judge said the Torres Strait Islander peoples' case did not fail because there was no merit in their allegations, but rather because negligence law does not allow compensation for matters of government policy. Supporters wearing colourful dresses gathered in a separate room in the courthouse to watch the judgement, singing songs from their homeland, and waving Torres Strait Islander flags. Judge Wigney acknowledged the Torres Strait Islands "have in recent years been ravaged by the impacts of human-induced climate change … rising sea levels, storm surges and other extreme water level events". "The Torres Strait Islands and their inhabitants are, however, undoubtedly far more vulnerable to the impacts of climate change than other communities in Australia," he said. "There could be little, if any, doubt that the Torres Strait Islands and their traditional inhabitants will face a bleak future if urgent action is not taken to address climate change and its impacts." This is the first time an Australian court has ruled on whether the Commonwealth has a legal duty of care to protect their citizens from the impacts of climate change, and whether cultural loss from climate change should be compensated. The landmark litigation has been financed through the NGO the Grata Fund, and modelled on a successful case from the Netherlands. As part of the case the Federal Court visited the islands of Boigu and Saibai, about 6 kilometres from the shores of Papua New Guinea, and Badu. Evidence of coastal erosion, destruction of ancestral graves and soil salinity that prevents crops from growing was presented to the court. It also heard of extreme weather events, including storms that cause intense flooding and inundate the islands, which lie at just 1.6 metres above sea level. The court heard sea levels in the Torres Strait were rising at double the rate of the rest of the world and that inaction on climate change may cause irreversible impacts for First Nations people in the Torres Strait. The plantiffs' legal team argued the Guda Maluyligal people risked losing their culture if rising sea levels, caused by climate change, forced them to leave their homes. The court heard breaching the 1.5 degrees global emissions limit would cause irreversible damage to small and low-lying islands, including those in the Torres Strait. Judge Wigney said today's findings "should not be construed as somehow sanctioning or justifying being the unquestionably modest and unambitious greenhouse gas emissions reduction targets that were set by the Commonwealth in 2015, 2020 and 2021". "Unless something is done to arrest global warming and the resulting escalating impacts of climate change, there is a very real risk that the applicant's worst fears will be realised and they will lose their islands, their culture and their way of life, and will become, as it were, climate refugees," he said. This is not the first time Torres Strait Islanders have taken the federal government to court over their long connection to Country. The decade-long Mabo case led by Meriam man Eddie Koiki Mabo dispelled the legal notion of terra nullius — land belonging to no-one and recognised the land of his people. It also led to the development of the Native Title Act.
The Guardian
20 hours ago
- Politics
- The Guardian
Federal court dismisses landmark Torres Strait climate case but warns of ‘bleak future' without urgent action
The federal court has dismissed a landmark case brought by two Torres Strait community leaders that argued the Australian federal government breached its duty of care to protect the Torres Strait Islands from climate change. In delivering the decision, however, Justice Michael Wigney noted: 'There could be little if any doubt that the Torres Strait Islands face a bleak future if urgent action is not taken.' The class action, filed in 2021, argued the government had a legal duty of care towards Torres Strait Islander peoples and that it had breached this duty by failing to prevent or deal with damage in the Torres Strait linked to global heating. The lead plaintiffs, Torres Strait community leaders Uncle Pabai Pabai and Uncle Paul Kabai from the islands of Boigu and Saibai, sought orders requiring the government to take steps to prevent climate harm to their communities, including by cutting greenhouse gas emissions at the pace climate scientists say is necessary. Get Guardian Australia environment editor Adam Morton's Clear Air column as an email Hearings in the case were held in 2023 in Melbourne and on-country in the Torres Strait to allow the court to tour the islands and view the existing impacts of climate change. On Saibai Island, homes were already being inundated by king tides, the cemetery had been affected by erosion and sea walls had been built. The legal challenge was modelled on the Urgenda climate case against the Dutch government, in which the Urgenda Foundation and 886 people took the Dutch government to court for not doing enough to prevent the climate crisis. That case was the first in the world in which citizens established their government had a legal duty to prevent dangerous climate change and resulted in the court ordering the Dutch government to take immediate steps to cut greenhouse gas emissions. Uncle Pabai, Uncle Paul and their communities were represented by law firm Phi Finney McDonald and their case is supported by the Urgenda Foundation and Grata Fund, a public interest organisation that helps individuals access the courts. More details soon …
SBS Australia
a day ago
- Politics
- SBS Australia
We always lived by the sea: decision time for Australian Climate Case
During Uncle Paul Kabai's lifetime he has seen the seasons change on his home island of Saibai, an outer island of Zenadth Kes (the Torres Strait). Uncle Paul and Uncle Pabai Pabai are so afraid for the future of their ancestral homelands that in 2021 they launched Federal Court action against the Australian Government. Their Country on the outer islands of Zenadth Kes, less than 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change. The two Elders, Traditional Owners from Guda Maluyligal, fear the loss of their islands, culture and way of life will force their families and communities to become Australia's first climate refugees. The Uncles have taken the federal government to court in the Australian Climate Case, seeking orders that would require the Commonwealth to undertake steps to prevent further harm to their communities. This would include cutting greenhouse gas emissions in line with the best available science and the Uncles hope that, by bringing the case, they will help all Australians affected by climate change. The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. On Tuesday afternoon in Cairns, the Federal Court is due to hand down a decision in the case and the men hold hope that their fight might safeguard the future of their people. They are arguing that the Commonwealth owes a duty of care to Torres Strait Islanders to take reasonable steps to protect them from harm. "We have fought this landmark case for the benefit of our people," Uncle Pabai told NITV. During on-Country hearings in 2023, witnesses described how devastating their loss of culture due to climate change had been. "We don't want to be climate refugees," Uncle Pabai, who has spent his life on the low-lying island of Boigu, told AAP. Uncle Paul remembers a time when his family would hunt, fish and eat produce from gardens grown by the community. But that has all changed, he says. The beaches on his island of Saibai have receded, turning to mud and mangroves. Its river system is inundated with saltwater and the island's cemetery has been impacted by flooding. "Even our cultural sites are being destroyed by rising seas," he said. "We're both very worried about what we are losing, our hunting grounds are being destroyed by strong currents. "Where can we show our culture to the younger generation? "In this way we are losing our culture, everything that belongs to our ancestors." Drawing closer to a decision in the case is a significant milestone for Mr Pabai and Mr Kabai. "People around the world are watching," Uncle Paul said. It has been an emotional journey for the Elders, their communities and supporters but as they approach the end of this battle, they hold close the reasons they began such a long fight. "I am always thinking forward, it's not for the benefit of us ... I believe this is my legacy for my people, for future generations," Uncle Pabai said. Pointing to the example of fellow Torres Strait Islander Eddie Mabo, whose lifetime of campaigning resulted in the landmark High Court ruling, recognising the rights of First Nations people to their lands, Mr Pabai says the battle has been waged for his ancestors. "I'm standing firm on his shoulders," he said. "If we come to winning this case, this is a victory for my family and communities on Boigu and all the community around the country and around the world." As much as this is about the people who came before and protecting what they've left, Mr Pabai says his two-year-old son and the generations to come, in the Torres Strait and further afield, are front of mind. "My main focus is on the new generation," he said. "This is why I'm doing it: for the love of my son, for all the people in my community in the Torres Strait, for bushfire and flood survivors, for the farmers and the children and grandchildren." No matter the legal outcome, Mr Kabai says he believes the action he and Mr Pabai have taken will make a difference. "We will be very proud, even if we win or if we lose," he says. "The government is listening now, they know what is happening and they must do something about climate change." The Federal Court will hand down its decision today from Cairns.
The Guardian
3 days ago
- Politics
- The Guardian
‘We don't want to be climate refugees': Torres Strait uncles fear for their islands and their people
Uncle Paul Kabai and Uncle Pabai Pabai are afraid for the future of their ancestral homelands. Their country on the outer islands of Zenadth Kes (Torres Strait), less than 10km off Papua New Guinea, is under siege from the impacts of the climate crisis. The two men fear the loss of their islands, their culture and their way of life, forcing their families and communities to become Australia's first climate refugees. The uncles have taken the federal government to court in the landmark Australian climate case, seeking orders which would require the commonwealth to undertake steps to prevent further harm to their communities. This would include cutting greenhouse gas emissions in line with the best available science. The commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. On Tuesday, the federal court is due to make a decision in the case and the men hold hope that their fight might safeguard the future of their people. Uncle Pabai and Uncle Paul launched the action against the federal government in 2021. They are arguing that the commonwealth owes a duty of care to Torres Strait Islanders to take reasonable steps to protect them from harm. During on-country hearings in 2023, witnesses described how devastating their loss of culture due to climate change had been. 'We don't want to be climate refugees,' Uncle Pabai, who has spent his life on the low-lying island of Boigu, says. Sign up for Guardian Australia's breaking news email Uncle Paul remembers a time when his family would hunt, fish and eat produce from gardens grown by the community. But that has all changed, he says. The beaches on his island, Saibai, have receded, turning to mud and mangroves. Its river system is inundated with saltwater and, alarmingly, even the island's cemetery has been affected by flooding. 'Even our cultural sites are being destroyed by rising seas,' he laments. 'We're both very worried about what we are losing, our hunting grounds are being destroyed by strong currents. 'Where can we show our culture to the younger generation?' he asks. 'In this way we are losing our culture, everything that belongs to our ancestors.' Drawing closer to a decision in the case is a significant milestone for the men. It has been an emotional journey for them, their communities and supporters, but as the uncles approach the end of this battle, they hold close the reasons they began such a long fight. Pointing to the example of fellow Torres Strait Islander Eddie Mabo – whose lifetime of campaigning resulted in a landmark high court ruling, recognising the rights of First Nations people to their lands, countering the idea of 'terra nullius', asserted by the British at colonisation – Uncle Pabai says the battle has been waged for his ancestors. 'I'm standing firm on his shoulders,' he says. 'If we come to winning this case, this is a victory for my family and communities on Boigu and all the community around the country and around the world.' As much as this is about the people who came before and protecting what they've left, Uncle Pabai says his two-year-old son and the generations to come – in the Torres Strait and further afield – are front of mind. 'My main focus is on the new generation,' he says. 'This is why I'm doing it – for the love of my son, for all the people in my community in the Torres Strait, for bushfire and flood survivors, for the farmers and the children and grandchildren.' No matter the legal outcome, Uncle Paul says he believes the action he and Uncle Pabai have taken will make a difference. 'We will be very proud, even if we win or if we lose,' he says. 'The government is listening now, they know what is happening and they must do something about climate change.'
