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Saudi Gazette
an hour ago
- Politics
- Saudi Gazette
Australia wins landmark climate battle against Indigenous elders
SYDNEY — The Australian government has won a landmark climate case against residents of islands under siege from the impacts of climate change. In 2021, community elders Pabai Pabai and Paul Kabai launched legal action against the then-Liberal government for breaching its duty of care to protect the Torres Strait Islands from the impacts of climate change. But a Federal Court judge dismissed the case and said climate policy was a matter for parliament, not the courts. The ruling also found that the government did not owe a duty of care to protect the islands from the impacts of climate change. The Torres Strait Islands - located between far-north Queensland and Papua New Guinea - are made up of about 270 islands, of which only a few dozen are inhabited. About 4,000 people live on the islands, according to the latest official figures, with 90% identifying as their submission, Uncle Pabai and Uncle Kabai said sea levels in the north of Australia had been rising "significantly higher than the global average".Between 1993 and 2019, sea levels in the Torres Strait rose by about 6 cm per decade, the court was court also heard that the islands are home to a "distinctive customary culture known as Ailan Kastom", where the residents have a "unique spiritual and physical connection" to the islands and case added that by failing to take greater action against climate change in its emissions targets, the islands' unique culture would be lost, and residents would become climate Justice Michael Wigney said that while he recognised the "devastating impact" caused to the islands by climate change, current negligence laws in Australia do not allow for compensation where the loss of culture, customs and traditions were the result of a government's acknowledged that while "climate change related flooding and inundation events had damaged their sacred sites and the burial grounds of their ancestors", matters of "core government policy" such as emissions targets was "ordinarily to be decided through political processes, not by judges".He did however recognise that action was needed: "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."For Uncle Pabai the decision was devastating."My heart is broken for my family and my community," he said in statement according to local media.A map shows the location of The Torres Strait Islands. They are inbetween far-north Queensland - shown on the bottom of the map- and Papua New Guinea, which is at the top of the map. The map shows Thursday Island which is the capital of the Torres Strait islands as well as a few more like Badu, Masig, Erub, Mer, Saibai and his submission to the court, Uncle Pabai - a community leader from Boigu island - described the deep spiritual connection he and other locals have with the land and waters, especially the cemeteries as "talking to my ancestors is a big part of my culture"."If Boigu was gone, or I had to leave it, because it was underwater, I will be nothing," he wrote in his court Paul, the other elder behind the court action, was equally stunned by the findings."I thought that the decision would be in our favour, and I'm in shock," he said."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?"During earlier court hearings, Uncle Paul had described his childhood memories of Saibai in the 1970s and 1980s when it was a "land of plenty", with an abundance of barramundi and crabs in inland freshwater now, more extreme weather events and higher sea levels meant an increase in saltwater coming inland, and coupled with less rain, the higher salt levels in the swamps have made it impossible for fish and crabs to survive, he told the court about a seawall - built around 2017 - that was breached by a king tide in 2000, destroying crops and flooding homes."If the water keeps on rising, in the way it has in the last 10 years or so, the seawall will not be able to protect Saibai at all," he said in his submission."My country would disappear. I would lose everything: my home, my community, my culture, my stories, my identity. Without Saibai, I do not know who I would be," the court handing down his decision, Justice Wigney said that while the previous government "paid scant if any regard to the best available science" in setting emissions reductions, the new targets set by Labor were "significantly higher and more ambitious".In a joint statement following the court decision, Australia's Minister for Climate Change and Energy Chris Bowen and Minister for Indigenous Australians Malarndirri McCarthy, said they "understand that the Torres Strait Islands are vulnerable to climate change, and many are already feeling the impacts"."Where the former Government failed on climate change, the Albanese Government is delivering – because it's in the interest of all Australians," the statement Moodley, from the University of NSW's Institute of Climate Risk and Response said while the decision was "definitely a setback" for Torres Strait Islanders, it does not mean the law can not change."The reality is that Australian law will need adapt to meet the challenges of climate change," she told the colleague Wesley Morgan said the court's finding should also propel greater action from government on its climate policies."It must listen to the science telling us we need be ambitious as possible in the decade ahead," he said. — BBC
The Advertiser
2 days ago
- Politics
- The Advertiser
Elders' legal bid to save homes, culture coming to end
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 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change. 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 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. Mr Pabai and Mr Kabai 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," Pabai Pabai, who has spent his life on the low-lying island of Boigu, tells AAP. Paul Kabai 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 impacted 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 Mr Pabai and Mr Kabai. 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, Mr 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, 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 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, 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." 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 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change. 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 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. Mr Pabai and Mr Kabai 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," Pabai Pabai, who has spent his life on the low-lying island of Boigu, tells AAP. Paul Kabai 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 impacted 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 Mr Pabai and Mr Kabai. 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, Mr 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, 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 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, 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." 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 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change. 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 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. Mr Pabai and Mr Kabai 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," Pabai Pabai, who has spent his life on the low-lying island of Boigu, tells AAP. Paul Kabai 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 impacted 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 Mr Pabai and Mr Kabai. 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, Mr 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, 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 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, 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." 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 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change. 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 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. Mr Pabai and Mr Kabai 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," Pabai Pabai, who has spent his life on the low-lying island of Boigu, tells AAP. Paul Kabai 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 impacted 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 Mr Pabai and Mr Kabai. 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, Mr 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, 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 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, 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."
Perth Now
3 days ago
- Politics
- Perth Now
Elders' legal bid to save homes, culture coming to end
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 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change. 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 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. Mr Pabai and Mr Kabai 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," Pabai Pabai, who has spent his life on the low-lying island of Boigu, tells AAP. Paul Kabai 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 impacted 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 Mr Pabai and Mr Kabai. 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, Mr 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, 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 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, 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."
