Two Torres Strait Islander men have filed an appeal in the Federal Court after losing a landmark duty of care climate case against the Commonwealth in July.
Uncle Pabai Pabai and Uncle Paul Kabai's claim - that the Australian Government had been negligent by failing to take stronger action against climate change – was knocked back by Justice Michael Wigney.
While he ruled that the case had not proven negligence by the government, he did accept many of the key facts regarding the serious impacts human induced climate change was having on the Torres Strait Islands.
The new appeal is claiming that the judged erred in some of his conclusions and will argue that the government does owe a duty of care to Torres Strait Islander peoples regarding 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 consequences of a warming climate.
In a statement, Uncle Paul and Uncle Pabai said they would continue fighting for their communities.
“We’ve decided we’re going to continue this fight because we don’t have a choice,” Uncle Paul said.
“We have to keep fighting, not just for our own communities - but for our brothers and sisters on the mainland, and in the Pacific, the bushfire and the flood survivors, the farmers and the school kids.”
Uncle Pabai said human induced climate change was causing catastrophic harm to his people.
“My community right now is preparing for our homes to be flooded by rising seas when the next king tides come this summer,” he said.
“The scientists have told us we could have less than 30 years before we lose our islands, our homes, our connection to everything.”
Isabelle Reinecke, Founder and National Director of Grata Fund, said similar cases overseas have succeeded and that Australian law must soon follow suit.
“In fact, recently the International Court of Justice found that parties to the Paris Agreement, including Australia, have a legal obligation to set emissions targets that align with a 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.
Aunty McRose Elu, a senior Elder from Seisia and Saibai, said it was their “destiny” to keep fighting.
“We are thinking about Eddie Mabo and his journey through the courts. He suffered losses but he never gave up,” she said.
“Our hearts break for what we will lose, and our hearts are strong with our conviction to keep fighting.”
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