**Despite a strong case, Australian courts rule that climate policy decisions fall under parliamentary jurisdiction, leaving Indigenous communities in uncertainty.**
**Indigenous Leaders Face Setback in Climate Action Case Against Australian Government**
**Indigenous Leaders Face Setback in Climate Action Case Against Australian Government**
**Elders of Torres Strait Islands experience legal defeat, highlighting vulnerability to climate change impacts.**
In a significant ruling that has reverberated across the Torres Strait Islands, Indigenous elders Pabai Pabai and Paul Kabai experienced a setback in their climate change legal battle against the Australian government. The case, launched in 2021, sought to compel the then-Liberal government to take robust action to protect the islands, which are increasingly threatened by rising sea levels and climate-related impacts. However, a Federal Court judge dismissed the case, stating that determining climate policy is the responsibility of parliament, not the judiciary.
The Torres Strait Islands, situated between Queensland and Papua New Guinea, consist of roughly 270 islands and are home to about 4,000 residents, with a significant majority identifying as Indigenous. In their submission to the court, Pabai and Kabai highlighted alarming trends, including that sea levels in the region have risen approximately 6 cm per decade since the early 1990s—much faster than the global average. The powerful cultural ties that the residents hold to the islands, encapsulated in their tradition known as Ailan Kastom, are under imminent threat as climate conditions worsen.
Justice Michael Wigney acknowledged the devastating consequences of climate change on the islands, including damage to sacred sites and ancestral burial grounds. Nonetheless, he emphasized that Australia's current negligence laws do not permit compensation for the loss of culture and traditions resulting from governmental actions. He concluded that essential climate policies, such as emissions targets, should be resolved through political avenues rather than court interventions.
The decision struck a painful chord with Uncle Pabai, who expressed deep sorrow for his community. "My heart is broken for my family and my community," he lamented, illustrating the profound emotional toll of the ruling. Uncle Paul echoed this sentiment, feeling a sense of shock over the court's findings. He, too, reflected on how climate change has transformed the landscapes of his youth, emphasizing the existential threat posed to his cultural identity and home.
Reflecting on the court's decision, Justice Wigney pointed out the previous government's inadequate response to climate science, noting the Labor government's newer, more ambitious emissions reduction targets. Following the ruling, Climate Change and Energy Minister Chris Bowen and Minister for Indigenous Australians Malarndirri McCarthy acknowledged the islands' vulnerability and reaffirmed their commitment to advancing Australia's climate policies, contrasting them with the failures of their predecessors.
Experts, including Riona Moodley from the University of NSW, described the judgment as a setback but asserted the need for Australian law to evolve in response to pressing climate change challenges. Her colleague, Wesley Morgan, encouraged a more immediate and effective government response, stressing the importance of adhering to scientific recommendations for the future. As the climate crisis escalates, the voices of Indigenous leaders remain crucial in advocating for sustainable and just policies that protect both their culture and the environment.
