Indigenous Elders' Legal Fight to Save Torres Strait Islands from Climate Change Fails

A Federal Court dismisses landmark case as the Australian government asserts climate policy responsibility lies with politicians, not the judiciary.

The Torres Strait Islands are at the heart of an ongoing battle against climate change, but a recent court ruling has dealt a significant blow to Indigenous residents. In a landmark case brought forth by elders Pabai Pabai and Paul Kabai, the Federal Court ruled in favor of the Australian government, stating that it does not owe a duty of care to protect the islands from climate change impacts.

The case originated when the Indigenous elders took legal action against the former Liberal government, alleging a breach of duty in protecting the Torres Strait Islands from rising sea levels and related climate threats. The judge dismissed their claims, arguing that climate policy is a matter for political processes, not the courts, despite acknowledging the “devastating impact” of climate change on the islands.

The Torres Strait Islands, situated between Queensland and Papua New Guinea, host approximately 4,000 residents, with 90% identifying as Indigenous. The community's unique culture, deep spiritual ties to the land, and customs are at risk as the islands face severe environmental changes.

During the court hearing, witnesses highlighted rising sea levels—an alarming 6 cm per decade between 1993 and 2019—threatening both the environment and the very essence of their cultural identity. The elders implored the court to recognize the potential loss of their culture due to inadequate government action in addressing climate change.

While Justice Michael Wigney ruled that existing negligence laws preclude compensation for losses related to culture and tradition, he acknowledged the urgent need for action to mitigate the dire future that awaits the Torres Strait Islands and their inhabitants if climate measures are not prioritized.

After the decision, Pabai Pabai expressed profound grief for his community, emphasizing the spiritual connection to their land and ancestors. “If Boigu was gone...I will be nothing,” he lamented. Fellow elder, Paul Kabai, also expressed shock at the verdict and its implications for all impacted by climate change.

Despite the setback, government ministers acknowledged the islands' vulnerability and committed to improving climate change responses compared to previous administrations. Experts from the University of NSW emphasized the need for Australian law to adapt to the realities of climate change, highlighting the importance of heeding scientific warnings over the next decade.

As the fight for climate justice continues, the elders and their community remain resilient, hoping for a future that prioritizes their cultural heritage and safety amidst a changing climate.