<
https://www.theguardian.com/environment/2023/oct/09/climate-change-class-action-world-first-australia-torres-strait-boigu-island>
"It’s a steamy, overcast morning and the air is thick with heat. I’m at the
northernmost inhabited point of Australia, on the low-lying Boigu Island in the
Torres Strait, only a short boat ride to Papua New Guinea. It’s a beautiful
sandy mud and coral island threaded by freshwater river systems, surrounded by
blue ocean, and filled with thick mangroves, dugongs, turtles and saltwater
crocs. The crocs are coming inland more often these days, hungry and looking
for dogs.
A fleet of small charter planes has just arrived at the island carrying more
than 20 lawyers, court staff, and Justice Michael Wigney of the federal court
of Australia. Kids have run down from the local primary school next to the
single-runway airstrip to welcome the visitors, waving and clapping with
excitement. The outsiders are here to be participants of history in the making.
Guda Maluyligal traditional owners Uncle Pabai Pabai and Uncle Paul Kabai, and
their communities on Boigu and Saibai islands, have launched a world-first
climate change class action. They are suing the Australian government for
climate negligence in the Torres Strait – the first First Nations people in the
world to sue their government in this way.
An hour after the planes arrive, Uncle Pabai is called as the first witness in
the case. We’re in the Boigu community hall, which has been painstakingly
transformed by Uncle Pabai’s extended family and community into a tropical
facsimile of the federal court. Palm fronds have been macheted off trees. Some
have their long green leaves wrapped carefully around the hall’s big metal
beams, while others have been woven into hanging vases decorated with bright
red jungle geranium and white frangipani, and bunches of green bananas. A row
of potted palms is set against huge sheets of satin that hang from the ceiling
behind the judge in white, green and blue – the official colours of the Torres
Strait, and referred to locally as Zenadth Kes.
The seating for Uncle Pabai was carefully prepared the day before by his sister
Aunty Diane Messa and his wife, Aunty Waimed Pabai, the plastic chairs wrapped
in white satin and double-stacked to avoid any embarrassment if one was to
break. He sits at the front of the court, with Wigney to his right.
The judge has eschewed the typical billowing black robes of regular court,
preferring a casual, short-sleeved navy shirt, khakis and sandals. Uncle Pabai
faces two rows of long tables of lawyers – his legal team, led by Fiona McLeod
SC, is to his left, and the Australian government’s lawyers are to his right.
Behind them sit Boigu community members and elders who have come to watch this
historic moment. The court has come to their land, to hear from their
community. The government must sit and listen."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
