After four years, the Federal Court has handed down its decision on a climate class action against the Federal Government launched by two Torres Strait Uncles.
Federal Court Justice Michael Wigney found that the Commonwealth should not be held accountable and compensate Torres Strait Islanders that have been impacted by climate change.
Uncle Pabai Pabai from Boigu Island and Uncle Paul Kabai from Saibai Island launched the Australian Climate Case in October 2021 against the Australian Government.
The Uncles argued that the Federal Government has breached the Torres Strait Treaty by failing to protect the region from the impacts of climate change.
Uncle Kabai and Uncle Paul travelled 900 kilometres to the Federal Court in Cairns to hear the outcome today.
Justice Wigney, started the decision hearing by acknowledging the impacts of climate change and the struggle for Torres Strait Islanders.
He noted that “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 to address climate change and its impacts”.
In a statement after the ruling, Uncle Pabai said, “My heart is broken for my family and my community. Love has driven us on this journey for the last 5 years, love for our families and communities. That love will keep driving us”.
Uncle Paul also 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?”.
The case included on country hearings across the Torres Strait with Justice Wigney being shown how climate change has impacted the region first hand.
Prior to the decision, the Uncles told NIRS, rising sea levels could make islands across the Torres Strait uninhabitable, forcing entire communities to leave their homes behind.
Climate change related weather patterns have also eroded sacred sites and washed away burial sites.
Uncle Pabai, says climate change is affecting his people’s connection to culture.
“Climate change has damaged our cultural knowledge, the weather patterns, the seas, sea beds and the rising of the water.
“It’s completely damaging our cultural protocols and systems that we’ve been taught by our ancestors.
“The patterns have all been damaged by the Climate Change, we don’t know how we going to acknowledge that knowledge to our younger generation, our future generations.”
The Uncles have been given six weeks to appeal the decision.