Dr. Seema Javed
Government challenged to prevent loss of Torres Strait Islands by First Nations Leaders in lawsuit modelled on world’s most successful climate test case. First Nations leaders from the remote islands of Boigu and Saibai in Gudamalulgal in Zenadth Kes (the Torres Strait) are taking the Australian Federal Government to court in aid to prevent the destruction of their communities by climate change. Torres Strait Islanders are indigenous people of the Torres Strait Islands, which are part of the state of Queensland in Australia.
In a landmark case filed on October 26, plaintiffs will argue that the Federal Government has a legal responsibility to ensure Torres Strait Islander Peoples are not harmed by the climate crisis.. This is the first climate class action brought by First Nations Peoples in Australia. If successful, this case has the potential to protect all Zenadth Kes (Torres Strait) communities, and help avert the climate crisis before it devastates other communities across Australia.
“Our ancestors have lived on these islands for more than 65,000 years. But the Government’s failure to prevent the climate crisis means our islands could be flooded, our soils ruined by salt and our communities forced to leave. Becoming climate refugees means losing everything: our homes, our culture, our stories and our identity. If you take away our homelands, we don’t know who we are. We have a cultural responsibility to make sure that doesn’t happen and to protect Country and our communities, culture and spirituality from climate change,” said plaintiff Paul Kabai.
“I can’t imagine being forced to leave Boigu because this island is me and I am this island. There are 65,000 years of wealth and experience here. Losing Boigu will mean losing that. If you take us away from this island then we’re nothing. It’s like the Stolen Generation, you take people away from their tribal land, they become nobodies,” said plaintiff Pabai Pabai.