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Torres Strait Islander leaders are appealing a landmark climate case against the Australian government
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Torres Strait Islander leaders are appealing a landmark climate case against the Australian government

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Two Torres Strait Islander men have appealed to the Federal Court after losing a landmark duty of care case against the Commonwealth in July.

Uncle Pabai Pabai and Uncle Paul Kabai’s claim – that the Australian government had been negligent in not taking stronger action on climate change – was struck back by Judge Michael Wigney.

While he found that the case did not involve government negligence, he accepted many of the key facts regarding the serious impacts that human-induced climate change was having on the Torres Strait Islands.
The new appeal claims the judge erred in some of his conclusions and will argue that the government owes a duty of care to Torres Strait Islander people in relation to climate change.

The appeal will test whether the Federal Court agrees that the government can continue to approve policies and projects that contribute to rising greenhouse gas emissions while First Nations communities face the escalating impacts of a warming climate.

In a statement, Uncle Paul and Uncle Pabai said they would continue to fight for their community.
“We have decided that we will continue this fight because we have no choice,” Uncle Paul said.

“We must keep fighting, not just for our own communities, but for our brothers and sisters on the continent and in the Pacific, the forest fires and flood survivors, the farmers and the schoolchildren.”

Uncle Pabai said man-made climate change was causing catastrophic damage to his people.
“My community is currently preparing for our homes to be swamped by rising seas when the next big tides come this summer,” he said.
“The scientists have told us that it could be less than 30 years before we lose our islands, our homes and our connection to everything.”
Isabelle Reinecke, founder and national director of Grata Fund, said similar cases abroad have been successful and Australian law should quickly follow suit.
“In fact, the International Court of Justice recently ruled that parties to the Paris Agreement, including Australia, have a legal obligation to set emissions targets consistent with the 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.
Aunt McRose Elu, a senior elder from Seisia and Saibai, said it was their “destiny” to keep fighting.
“We remember Eddie Mabo and his journey through the court. He suffered losses but he never gave up,” she said.

“Our hearts break for what we will lose, and our hearts are strong in our conviction to keep fighting.”

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