BREAKING: In a shocking ruling, a Federal Court has just dismissed a pivotal climate case brought forth by Indigenous leaders, Uncle Pabai Pabai and Uncle Paul Kabai, aimed at protecting the Torres Strait Islands from the devastating impacts of climate change. The court’s decision, announced on Tuesday, July 25, 2023, has left the plaintiffs heartbroken but determined to continue their fight.
The landmark case, filed in 2021, argued that the Commonwealth has a duty of care to safeguard the low-lying islands from climate threats. The uncles sought court orders to compel the government to significantly reduce greenhouse gas emissions, citing alarming projections that Boigu and Saibai Islands could become uninhabitable within 30 years due to rising sea levels and intensified climate events.
“I’m feeling very emotional,” Uncle Pabai Pabai told AAP after the ruling. “I wasn’t thinking we’d lose this case … I’m very heartbroken.” He expressed that his motivation stems from protecting his two-year-old son and the broader community: “For the love of my son and for all the people in our community in the Torres Strait, I will keep fighting.”
In his ruling, Federal Court Justice Michael Wigney acknowledged the severe consequences of climate change, stating, “Unless something is done to address global warming… there is a very real risk that the applicants’ worst fears will be realised.” However, the court found that negligence law does not permit compensation for government policy decisions, leading to the dismissal of the case.
Climate Change Minister Chris Bowen and Indigenous Australians Minister Malarndirri McCarthy responded to the ruling, emphasizing the Albanese government’s commitment to addressing climate vulnerability in the Torres Strait. “Where the former government failed on climate change, the Albanese government is delivering – because it’s in the interest of all Australians,” they stated in a joint announcement.
The outcome left Uncle Paul Kabai devastated. “What should I tell my family when I return to Saibai Island?” he questioned, expressing frustration towards the government’s perceived indifference. “They go home and sleep soundly… We go back to our islands and the deepest pain imaginable.”
Despite the setback, Kabai and Pabai remain resolute. “We will take this one step at a time,” Kabai asserted, noting their commitment to appealing the decision. “The government is not listening to us. They know climate change is happening and they keep approving mining.”
The dismissal of this case underscores the urgent need for effective climate action and highlights the ongoing struggle of vulnerable communities facing existential threats. As the situation develops, the activists plan to regroup with their legal team to explore options for an appeal.
This landmark ruling has sparked widespread discussions about climate justice and the need for immediate governmental action to combat climate change. Stay tuned for updates as this story unfolds.
