04 CLIMATE CHANGE NEWS
THURSDAY 8 JUNE 2023 TORRES NEWS
On Country hearings start for Australian climate case
Uncle Paul and Uncle Pabai in community hall before court arrives. Pic Grata Fund.
Aunty Vera delivers welcome to Country to the Court. Photo Ruby Mitchell, Grata Fund.
Original artwork by Marcus Lee Design
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Hearings for the landmark Australian Climate Case started this week on the island of Boigu, where Guda Maluyligal plaintiff Uncle Pabai Pabai gave evidence of the climate harms experienced by his community. The court and legal teams arrived to a rainy, steamy morning on the island and were welcomed at the airport by local school children. After an opening prayer and Welcome to
Country by Aunty Vera and Uncle Lenny, the judge presented with a Yam leaf, as was the custom in Boigu. Plaintiffs Uncle Pabai and Uncle Paul were represented in court by Fiona McLeod SC, who said in her opening statement that the world was on track for catastrophic climate changes by the end of the century, representing a real and catastrophic threat to human wellbeing and planetary health. “The evidence that will be led in this case will show that the Commonwealth has and continues to ignore the dire and existential threat to the lives of its own citizens,” she said. “Its failure to act is a failure of the fundamental duty of a government to protect its citizens and First Peoples from harm. “It is a failure to protect fundamental human rights including the right to life and the right to self determination. “At its most basic, it is an abrogation of the social contract. “Unless urgent and serious action is taken by the Commonwealth in relation to climate change, it is highly likely that, by mid century – that is less than 27 years from now, in the lives of these Applicants and their children – many Torres Strait Islanders will be forced to leave their homelands, because large parts of it will not be habitable. “Having to leave will inevitably mean the severing of connection to country, and thus the destruction of Ailan Kastom. “The destruction of thousands of years of tradition and connection belonging to the oldest living culture in the world. “The destruction of self and identity for Torres Strait Islanders. “The need for urgent and serious action to be taken by the Commonwealth in relation to climate change cannot be overstated for these people. “Because many low lying islands are barely meters above sea level – these places, and the entire area of Zenadth Kes, are particularly vulnerable to the effects
of climate change.” After lunch Uncle Pabai was asked questions by Ms McLeod and Stephen Lloyd KC. He provided evidence, including showing the judge video footage of a king tide breaching the seawall. He said their ancestors were very important to them. “Their knowledge, their understanding, passed on from generation to generation,” he said. “This is why I’m saying - my people should never be removed from our land. “They are giving us who we are today. “They are the most important people to us. “When we do a ceremony, we invite them, call upon them. “If I can’t do that because my community goes underwater I will lose my identity underwater. “I will lose everything that is important to us. “We will be able to tell our stories if we are not here, but how will we show our children the evidence, if we are not able to be here? “If this Island is gone, we’ve got nothing.” Fred Pabai was called as the second witness, and was also questioned by Ms McLeod. He talked about how culture was passed down, the importance of many sites, including the red sand bank, the Tree of Spies and the Tree of Skulls. He said the spirits go to the red sand bank. “It is sacred and we have a duty of care and respect to the red sand line,” he said. “This is one of the core reasons that when we visit, we respect it. “That was passed from generation to generation until now.” Ms McLeod said the evidence would show the Commonwealth had ignored the threat to the lives of its own citizens. The case will continue until 19 June.
Hearing dates for community / lay evidence: Badu 8-9 June Saibai 12-14 June Cairns 15 June – TBC
For more information on the Australian Climate Case, visit the website: australianclimatecase. org.au
