‘Deepest pain’ felt as landmark climate case dismissed
A turning point behind the climate case, the men, say they will continue to struggle to save their homeland.
On Tuesday, a court rejected a case led by Uncle Pabai Pabai and Paul Kabai, and claimed that the Nations Society of Nations had a care task to protect their homes from the effects of climate change.
In 2021, uncles filed a turning point against the government in the Federal Court and claimed that they could not protect their homeland from the effects of climate change.
They sought orders from the court that required the government to take steps to prevent damage to its communities, including cutting greenhouse gas emissions in line with the best science.
The court heard that the communities in Boigu and Saibai could stay less than 30 years before the low islands between Northern Queensland and Papau New Guinea became uninhabitable.
Orum I feel very emotional, Paba Uncle Pabai said to AAP after the decision.
“I didn’t think we’d lose this case… My heart was broken.”
Mr. Pabai said that the main focus was his two -year -old son during the case and who would continue to fight.
“For all the people of my son and the Torres Strait community, forest fire and flood victims, farmers, children and grandchildren,” he said.
“I will continue to fight and sit with my lawyers and look at how we can object”
While delivering his decision, the Federal Court Justice Michael Wigney accepted the most important elements of the case, including the effects of climate change on the islands.
“Unless there is anything to address global warming and the increasing effects of climate change, there is a real risk that the worst fears of the applicants will be realized and that they will lose their islands, culture and lifestyles and become climatic refugees,” he said.
Justice Wigney also found emission targets between 2015-2021, while Commonwealth said that “if any, pays inadequate money compared to the best science currently available”.
He said that the case failed, because the law of negligence did not allow compensation when it comes to government policy decisions.
Following the decision, Climate Change Minister Chris Bowen and domestic Australians Minister Malarndirri McCarthy said the government understood that the government was vulnerable to climate change and has already felt its effects.
“Where the former government failed in climate change, the Albanian government is delivering the government in a joint statement – because it is for the benefit of all Australians,” he said.
Uncle Paul Kabai, who was shocked, said the Prime Minister he wanted to ask his family when he returned to Saibai Island.
“Mr. Albania and expensive government lawyers will stand up and get away today as they have left the door of this court,” he said.
“They go home and sleep firmly in expensive beds. We return to our islands and the deepest pain that can come to mind.
“I want to ask Mr. Arnavut what I should tell my family when I go home? How can I tell them we’re less than 30 years?”
Mr. Kabai said that he and Mr. Pabai will take a step every time a step ”, but they were sure that he would eventually win the war.
“The government does not listen to us,” he said.
“They know that there are (climate change) and continue to approve mining, and continue to push mining.
“I want them to listen to our voices, not only ours, but people around Australia and around the world.”
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