Thursday, 29 September 2022
Stories and events of the Kaurareg homeland of Kaiwalagal, the Torres Strait homeland and Cape York homelands of the Anggamuthi, Atambaya, Wuthathi, Yadhaykenu and Gudang Peoples.
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Big win for Torres Strait 8 I am reminded of previous landmark decisions led by our people, in the Maritime Strike, and Uncle Koiki with the Mabo Case – Yessie Mosby CLIMATE CHANGE WIN: Masig – Storm Surge. Pic by 350 Australia. INSET – CLAIMANT: Yessie Mosby. Pic by Mary Harm. BY JILLIAN BOWIE “We won!” Yessie Mosby shouted in the heart of the village on his tiny island home of Masig. It was a cry of joy for a landmark decision for the Torres Strait 8, which came in early last Friday morning. Yessie took the call from Australian Climate Lawyer Sophie Marjanac, who told him the United Nations Human Rights Committee (UNHRC) had agreed the Australian Government
failed in their human rights obligations to adequately protect Torres Strait Islanders from the adverse effects of climate change. The legal complaint was lodged with the UNHRC in Geneva in May 2019 against the Australian Government for their inaction in protecting Torres Strait Islanders against climate change, in particular on the low-lying islands of Masig, Warraber, Boigu, and Poruma. In their complaint, eight traditional owners of the
islands claimed changes in weather patterns had direct and harmful consequences on their livelihood, culture and traditional way of life, and severe flooding caused by the tidal surge in recent years had destroyed family graves and left human remains scattered across the beach. “We were picking up the bones of our great aka like we were picking up shells on the beach,” Yessie said emotionally. The historic win has set several ground-breaking
precedents to international human rights law. Gur A Baradharaw Kod (GBK) land and sea council chair Ned David said a collaborative effort of organisations and individuals behind the scenes had brought about the result. He said the case was born from discussions in 2018. Since then, he said, Ms Marjanac had worked tirelessly with GBK, Client Earth and 350.org, who represented the claimants with support from barristers
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from 20 Essex Street Chambers in London and the Victorian Bar. “Whilst the campaign and initiative is a Traditional Owner effort for First Nations people directly impacted by climate change, this is a win for everyone that cares for the environment and the future of our children, irrespective of your identity and nationality,” Mr David said. “The next important step is for dialogue between the government and Traditional Owner representatives who
fought for this. “GBK looks forward to engaging with all governments and stakeholders.” Mr Mosby said he was left shaking and emotional by the call. “The feeling I had on the phone was indescribable,” he said. “I am reminded of previous landmark decisions led by our people, in the Maritime Strike, and Uncle Koiki with the Mabo Case.” More on Page 8