Two First Nations Traditional Owners are making their final arguments in a climate lawsuit against the Federal Government this week.
Torres Strait Islands’ menargue the Government has a legal obligation to protect Torres Strait Islanders from climate harm.
They’ve argued the Government has failed in this duty.
The case
Uncle Paul Kabai and Uncle Pabai Pabai are native title holders of the Boigu and Saibai Islands — two low-lying islands along the Torres Strait off the northern tip of Queensland.
The men launched legal action against the government in 2021 in the Federal Court.
They claim adverse impacts of greenhouse gas emissions are threatening local communities, noting a recent spike in flooding events.
Greenhouse gases
The men have argued the Government has not taken adequate action to tackle climate change. They said this has directly failed Torres Strait Islanders and puts the region at risk of becoming “uninhabitable”.
Greenhouse gases released by industrial activities like burning fossil fuels become trapped in the atmosphere, causing hotter temperatures on Earth.
The two men are arguing the Government must further reduce greenhouse gas emissions.
Government response
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The Government has acknowledged Torres Strait Islander peoples face “some impacts of climate change”, such as rising sea levels.
However, it has defended its climate policies and argued that it can’t practically enforce a duty of care.
It also pointed to a ruling that was overturned in the Federal Court in 2022 about the government’s duty of care to young Australians when considering fossil fuel projects.
Elsewhere
Lawyers for the men pointed to a recent international case, which saw a senior women’s group successfully challenge the
The women argued Switzerland’s inaction to address climate change negatively impacted their health and lifestyles.
The court determined Switzerland violated the European Convention on Human Rights, and ordered the government to pay more than $AU131,000 in compensation to the women’s group.
Next steps
Three years after the men launched legal action against the Federal Government, closing arguments are expected to end tomorrow.
The federal court is due to hand down its decision later this year.
If they win, the men’s lawyers said it would set a legal precedent meaning “activities that threaten the pathway to an emissions reduction goal – like new coal, oil, or gas projects – could be challenged in a court.”
