Lawyers Weekly Australia… Australian government to face ‘landmark’ climate class action

LW write

Island communities have demanded the Australian government take action regarding the climate crisis in a landmark class action case.

First Nations leaders from the remote islands of Boigu and Saibai in Gudamalulgal in the Torres Strait Islands are taking the Australian federal government to court in a bid to prevent the destruction of their communities as a result of climate change.

This is the first climate class action brought by First Nations people in Australia and has the potential to not only protect the Gudamalulgal and all Zenadth Kes communities but to help combat the climate crisis before it impacts Australian communities.

In the landmark case, plaintiffs Wadhuam (maternal uncle) Paul Kabai and Wadhuam Pabai Pabai will make the argument that the federal government has a legal responsibility to ensure Torres Strait Islander people are not harmed by the climate crisis and demand action be taken.

“Our ancestors have lived on these islands for more than 65,000 years. But the government’s failure to prevent the climate crisis means our islands could be flooded, our soils ruined by salt, and our communities forced to leave. Becoming climate refugees means losing everything: our homes, our culture, our stories, and our identity,” Mr Kabai said.

“If you take away our homelands, we don’t know who we are. We have a cultural responsibility to make sure that doesn’t happen and to protect country and our communities, culture and spirituality from climate change.”

Torres Strait Islander communities are on the frontline of the climate crisis and face an existential challenge due to rising sea levels driven by the burning of coal, oil and gas. If global temperatures rise by more than 1.5C, then many islands in Gudamalulgal will become uninhabitable – meaning that Torres Strait Islander people would become Australia’s first climate refugees.

As such, traditional owners Mr Pabai and Mr Kabai are seeking an order from the court that requires the federal government to take steps to prevent this harm to their communities by cutting greenhouse gas emissions.

“I can’t imagine being forced to leave Boigu because this island is me, and I am this island. There are 65,000 years of wealth and experience here,” Mr Pabai said.