For Torres Strait Uncles Pabai Pabai and Paul Kabai from the Island of Boigu and Saibai, the Federal Court’s ruling against their class action against the Commonwealth is another step on their journey to protect Indigenous communities from climate change.
Federal Court Justice Michael Wigney acknowledged that climate change is creating a bleak future for the Torres Strait but current laws mean the Federal Government is not responsible in protecting communities from it.
While handing down his decision Justice Wigney said “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”.
The Uncles launched their legal action in October 2021.
Uncle Pabai and Uncle Paul travelled 900 kilometres to the Federal Court in Cairns to hear the outcome.
Uncle Paul says he was expecting a different result.
“All these years we’ve been expecting (a) better outcome”
“We were in the courtroom waiting for the decision.
And we finally get to the stage where the justice read through his statement and his finding.
This is emotional for us.”
He says its too early to tell what their next steps will be but they will continue to fight for their communities.
“We’ll take things slowly from here on.
Taking steps toward the goal like, campaigning, knocking at the Prime Minister’s door, and
then we’ll see what’s going to happen.
Then we’ll take it a bit higher to appeal.”
Uncle Pabai says he’s willing to continue their fight to protect the Torres Strait.
“We’ll be, fighting for the outcome and the betterment for the people.
of my community.“
He says he’s inspired by his community to keep going.
“This is why I’m standing firmly on my two feet. to help my families.
I’m looking into, especially the young, younger generation.
If this would not be stopped, the government will not be stopping this how will they (survive)?
When we’re looking at the future, where the future will be handled, the education
and the livelihood of our young generation.
This is very hard and sad moment.”
The uncles have the support of Saibai Elder, Aunty McRose Elu.
“I’m determined in every capacity, in every way that I could assist them, and this will be giving us the tools to work on as we appeal and then we will win.”
“We will win I have no questions about that.”
What’s Next?
The Uncles are being supported by the Grata Fund.
The legal organisation’s executive director Isabelle Reinecke is hopeful there’s a path forward.
“I’m actually really pleased with the factual findings,” she says
Because this is the first time that the federal court in Australia has seriously reckoned with and accepted the facts of climate change, the Australian government’s failure to consider science and the impact of climate change on Australian people.”
“So I think, on an overall view, this is actually a massive step forward for the law and for precedent and more good things are going to follow from it.”
She says laws change and that she is confident the Uncles will win their fight.
“I do believe, though, that the court will and the law must change. It has changed before, and it will change again.
We saw that in Eddie Mabo’s case, that the law can change, and I believe the law can change, and it will eventually one day.
This is just the beginning of the next chapter of this story.”
Feature Image Supplied
