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Throughout Uncle Paul Kabai’s life, he has witnessed the seasonal shifts on Saibai, his home island located in Zenadth Kes (the Torres Strait).
Worried about the future of their ancestral lands, Uncle Paul and Uncle Pabai Pabai initiated legal proceedings against the Australian Government in 2021.
Their Country on the outer islands of Zenadth Kes, less than 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change.
The two Elders, Traditional Owners from Guda Maluyligal, fear the loss of their islands, culture and way of life will force their families and communities to become Australia’s first climate refugees.
The Uncles have taken the federal government to court in the Australian Climate Case, seeking orders that would require the Commonwealth to undertake steps to prevent further harm to their communities.
The case aims to push for reductions in greenhouse gas emissions based on the most reliable scientific evidence. The Uncles aspire that their lawsuit will support all Australians in the face of climate change.
The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets.
On Tuesday afternoon in Cairns, the Federal Court is due to hand down a decision in the case and the men hold hope that their fight might safeguard the future of their people.
They are arguing that the Commonwealth owes a duty of care to Torres Strait Islanders to take reasonable steps to protect them from harm.
“We have fought this landmark case for the benefit of our people,” Uncle Pabai told NITV.
During on-Country hearings in 2023, witnesses described how devastating their loss of culture due to climate change had been.
“We don’t want to be climate refugees,” Uncle Pabai, who has spent his life on the low-lying island of Boigu, told AAP.
Uncle Paul remembers a time when his family would hunt, fish and eat produce from gardens grown by the community.
But that has all changed, he says.
The beaches on his island of Saibai have receded, turning to mud and mangroves.
Its river system is inundated with saltwater and the island’s cemetery has been impacted by flooding.
“Even our cultural sites are being destroyed by rising seas,” he said.
“We’re both very worried about what we are losing, our hunting grounds are being destroyed by strong currents.
“Where can we show our culture to the younger generation?
“In this way we are losing our culture, everything that belongs to our ancestors.”
Drawing closer to a decision in the case is a significant milestone for Mr Pabai and Mr Kabai.
“People around the world are watching,” Uncle Paul said.
It has been an emotional journey for the Elders, their communities and supporters but as they approach the end of this battle, they hold close the reasons they began such a long fight.
“I am always thinking forward, it’s not for the benefit of us … I believe this is my legacy for my people, for future generations,” Uncle Pabai said.
Pointing to the example of fellow Torres Strait Islander Eddie Mabo, whose lifetime of campaigning resulted in the landmark High Court ruling, recognising the rights of First Nations people to their lands, Mr Pabai says the battle has been waged for his ancestors.
“I’m standing firm on his shoulders,” he said.
“Should we succeed in this case, it will be a triumph for my family, the Boigu community, and people nationwide and globally.”
As much as this is about the people who came before and protecting what they’ve left, Mr Pabai says his two-year-old son and the generations to come, in the Torres Strait and further afield, are front of mind.
“My main focus is on the new generation,” he said.
“This is why I’m doing it: for the love of my son, for all the people in my community in the Torres Strait, for bushfire and flood survivors, for the farmers and the children and grandchildren.”
No matter the legal outcome, Mr Kabai says he believes the action he and Mr Pabai have taken will make a difference.
“We will be very proud, even if we win or if we lose,” he says.
“The government is listening now, they know what is happening and they must do something about climate change.”
The Federal Court will hand down its decision today from Cairns.
