Indigenous Elders Face Setback in Landmark Climate Change Legal Battle

Sun Oct 19 2025 01:47:01 GMT+0300 (Eastern European Summer Time)

The Australian government has secured a significant legal victory against Torres Strait Island elders fighting for climate action amidst rising sea levels and existential threats to their culture.

In a landmark ruling, the Australian Federal Court dismissed a climate change lawsuit by Torres Strait elders, asserting that the government does not owe a duty of care to protect the islands from climate impacts. While acknowledging the grave situation, the judge emphasized that climate policy is a matter for Parliament. The decision has left local elders devastated, fearing the loss of their homes, culture, and identity.

In a significant legal ruling, the Australian government has successfully defended itself against a climate change lawsuit brought forth by Indigenous elders from the Torres Strait Islands. The case, initiated by Pabai Pabai and Paul Kabai in 2021, claimed that the previous Liberal government had failed in its duty to protect the islands from the detrimental effects of climate change.

The Federal Court ruled against the elders, stating that the matters of climate policy fall under the jurisdiction of Parliament rather than the judiciary, invoking existing negligence laws that do not allow compensation for cultural loss due to governmental policies.

The Torres Strait Islands, situated between Queensland and Papua New Guinea, consist of about 270 islands, primarily inhabited by around 4,000 people, 90% of whom identify as Indigenous. In court, the elders highlighted that sea levels in their region have risen significantly, with the Torres Strait experiencing an increase of about 6 cm per decade from 1993 to 2019. They expressed deep concern that lack of action on climate change would lead to the obliteration of their unique culture, which is intricately tied to their land and waters.

Despite recognizing the dire impact climate change has on the islands and their sacred sites, Justice Michael Wigney emphasized that he could not rule in favor of the plaintiffs as government policies regarding emissions must be determined through political means, not judicial intervention. He acknowledged the grim future awaiting the Torres Strait Islanders but noted that legal relief was unattainable under current laws.

Uncle Pabai expressed his heartbreak for his community, articulating the profound spiritual connection that guides the islanders' lives, stating, "If Boigu was gone, or I had to leave it, because it was underwater, I will be nothing." Uncle Paul was equally shaken by the ruling, voicing concerns for both Indigenous and non-Indigenous Australians affected by climate change: "What do any of us say to our families now?"

The court also heard accounts of how rising sea levels and extreme weather are devastating the islands' ecosystems, undermining food sources and cultural heritage. Justice Wigney criticized the former government for its inadequate response to climate science but acknowledged that more ambitious targets have been set under the current administration.

In a joint statement, Ministers Chris Bowen and Malarndirri McCarthy recognized the vulnerabilities of the Torres Strait Islands and committed to addressing climate change, contrasting it with the previous government's approach. Experts, such as Riona Moodley of the University of NSW, stated that the outcome is a setback but also highlighted the need for evolving Australian laws to better respond to climate challenges. They urged the government to heed scientific recommendations for urgent climate action.