FIRST NATIONS LEADERS SUE FIRST NATIONS LEADERS SUE

Commonwealth Over Climate Commonwealth Over Climate Change Change

Late last year, the Queensland Land Court recommended the refusal of Clive Palmer’s proposed Galilee Coal Project in Waratah Coal v Youth Verdict (No 6)

In its decision, the Land Court considered the importance of the “distinct cultural rights” held by First Nations peoples in Queensland, which are protected under legislation President Kingham of the Land Court found that emissions from the Galilee Coal Project would contribute to “rising sea levels near Cairns and in the Torres Strait” In turn, this would accelerate the “displacement” of First Nations peoples living on coastal and low-lying islands, leading to the destruction of places of cultural significance.

While Clive Palmer’s coal mine may not be going ahead, 65,000 years of First Nations culture remains at risk Those living in the Guda Maluyligal Nation and others across the Torres Strait still fear their homes will be swallowed by the sea, by the turn of the century

Left with no other choice, Uncle Pabai Pabai and Uncle Paul Kabai, Traditional Owners of Boigu Island and Saibai Island respectively, have turned to the courts for help so that their communities will not be forced to flee their island homes.

The two community leaders are arguing that, by failing to set more ambitious emissions targets, the Commonwealth has unlawfully breached its duty of care to protect the people, islands, and culture of the Torres Strait

This duty arises in part from the Torres Strait Treaty between Australia and Papua New Guinea, signed in 1978, which established a Protected Zone to preserve the ‘‘traditional way of life and livelihood of traditional inhabitants ”

Uncle Paul Kabai (right) describes how long-standing tradition dictates newborns on Saibai are to have their umbilical cord buried underneath a native tree The cord is a living symbol of the child’s place in their clan, and their connection to island custom

“I don’t know if my grandchildren will be able to [continue this tradition],”

Uncle Paul says “The saltwater is killing my island, Saibai’s trees ”

If the Government does not take urgent climate action, Torres Strait Islanders are at risk of becoming Australia’s first climate refugees This would mark another chapter in the fraught history of dispossession and cultural erasure experienced by First Nations peoples in this country

Uncle Pabai and Uncle Paul’s case, the Australian Climate Case, has been developed in partnership with the Urgenda Foundation, a team of international legal experts who have a proven record of successful climate change litigation

In 2013, representing the interests of 886 citizens, the Urgenda Foundation took the Dutch Government to court for not doing enough to prevent the impacts of climate change They were successful at every stage of appeal, with a final victory in the Dutch Supreme Court in 2019 Aside from being the first tort case taken against a government challenging climate inaction, it also reflected the fact that “governments have binding legal obligations, based on international human rights law, to undertake strong reductions in emissions of greenhouse gases ”

As a result of the groundbreaking case, the Netherlands now has some of the most ambitious climate policies in the world Urgenda’s case has become an inspiration for people around the world fighting for climate action through the judicial system

Uncle Pabai and Uncle Paul are represented by class action firm Phi Finney McDonald

The Australian Climate Case is supported by Grata Fund, a not-for-profit that supports marginalised communities and advocates for their legal rights Grata Fund removes the financial barriers that prevent public interest test cases like this one from going ahead

The hearing for the Australian Climate Case will commence in June 2023 In the meantime, people around the country are supporting Uncle Pabai and Uncle Paul’s case by submitting stories about the climate impacts they have witnessed in their communities: from bushfires to floods, coastal erosion, heatwaves, mental health impacts and seasonal changes By sharing the climate impacts they have experienced, Australians are showing the Government that climate change is already at our doorstep, affecting all Australians You can join the movement by sharing your climate story here

Find out more about the case and how you can stand behind Uncle Pabai and Uncle Paul at australianclimatecase org au

Gavin Choong Volunteer Associate, Grata Fund

Gavin is a fifth-year law student at Monash University studying a Bachelor of Laws (Honours) and Biomedical Science Currently a Volunteer Associate at Grata Fund and global youth spokesperson at Amnesty International, Gavin is a passionate climate justice advocate He hopes to raise awareness surrounding the Australian Climate Case through his work