Australian government wins climate case against Torres Strait elders

The Australian government has won a landmark climate case against residents of islands under siege from the impacts of climate change. In 2021, community elders Pabai Pabai and Paul Kabai launched legal action against the then-Liberal government for breaching its duty of care to protect the Torres Strait Islands from the impacts of climate change. But a Federal Court judge dismissed the case and said climate policy was a matter for parliament, not the courts. The ruling also found that the government did not owe a duty of care to protect the islands from the impacts of climate change.

Uncle Pabai, a community leader from Boigu island, expressed his disappointment, stating, \"My heart is broken for my family and my community.\" The Torres Strait Islands, located between far-north Queensland and Papua New Guinea, are home to about 4,000 people, with 90% identifying as Indigenous. The court was informed that sea levels in the Torres Strait rose by about 6cm per decade between 1993 and 2019, significantly higher than the global average. The islands' residents have a unique spiritual and physical connection to the islands and waters, with a distinctive customary culture known as Ailan Kastom.

Justice Michael Wigney, while acknowledging the devastating impact of climate change on the islands, stated that current negligence laws in Australia do not allow for compensation for loss of culture resulting from government policies. He emphasized that matters like emissions targets should be decided through political processes, not by judges. However, he recognized the urgent need for action to address climate change and its impacts on the Torres Strait Islands and their traditional inhabitants.

Uncle Pabai, in his court submission, highlighted the deep spiritual connection locals have with the land and waters, especially the cemeteries. Uncle Paul, the other elder behind the court action, expressed shock at the decision, stating, \"This pain isn't just for me, it's for all people Indigenous and non-Indigenous who have been affected by climate change.\"

According to the source: BBC.