Federal court dismisses landmark Torres Strait climate case but warns of ‘bleak future’ without urgent action | Climate crisis
The Federal Court rejected a historic case deposited by two community leaders of the Strait of Torres who argued that the Australian Federal Government violated its duty of diligence to protect the islands of the Strait of Torres against climate change.
However, in the performance of the decision, judge Michael Wigney noted: “There could be little or no doubt that the islands of the Strait of Torres and their inhabitants are confronted with a dark future if urgent measures are not taken to fight against climate change and its impacts.”
The collective appeal, filed in 2021, argued that the government had a legal obligation of diligence towards the island peoples of the Strait of Torres and that it had violated this obligation by not having prevented or inflicted damage in the Strait of Torres linked to the world heating.
The main complainants, the community leaders of the Strait of Torres, Uncle Pabai Pabai and Uncle Paul Kabai of the islands of Boigu and Saibai, have requested orders requiring that the government will take steps to prevent climatic damage from their communities, including by reducing greenhouse gas emissions to the pace that climatologists say it is necessary.
“My heart is broken for my family and my community. Love has led us on this trip for 5 years, love for our families and our communities. This love will continue to lead us,” Uncle Pabai said in a statement after judgment.
Uncle Paul said: “I thought the decision would be in our favor, and I am in shock. This pain is not only for me, it is for all native and non -Aboriginal people who have been affected by climate change. What do we say to our families now?”
In a joint declaration, the Minister of Climate Change and Energy, Chris Bowen, and the Aboriginal Australian Minister, Malarndirri McCarthy, said: “Unlike the former liberal government, we understand that the Torres Strait Islands are vulnerable to climate change and many already feel the impacts.”
“When the former government has failed on climate change, the Albanian government delivers – because it is in the interest of all Australians.”
The hearings in the case took place in 2023 in Melbourne and in the country in the Strait of Torres to allow the court to visit the islands and to see the existing impacts of climate change.
On the island of Saibai, the houses were already flooded by King Tides, the cemetery had been affected by erosion and the marine walls had been built.
The judicial challenge was modeled on the Urgenda climate affair against the Dutch government, in which the Urgenda Foundation and 886 people brought the Dutch government to the courts for not having done enough to prevent the climate crisis.
This case was the first in the world in which citizens have established that their government had the legal obligation to prevent dangerous climate change and led the court to order the Dutch government from taking immediate measures to reduce greenhouse gas emissions.
Uncle Pabai, Uncle Paul and their communities were represented by the law firm Phi Finney McDonald and their case is supported by the Urgenda Foundation and the Grata Fund, an organization of public interest which helps individuals to access the courts.
More details soon …
