Climate case defeat fuels renewed fight for Torres Strait justice
Torres Strait Islander Elders have been left heartbroken but unshaken after the Federal Court dismissed their groundbreaking climate change lawsuit against the Australian Government. Despite the ruling, they have vowed to continue their battle for justice and protection of their sinking islands.
In 2021, Uncle Pabai Pabai and Uncle Paul Kabai launched legal action, accusing the government of failing its duty of care by not curbing carbon emissions effectively. Their argument centered on the real and increasing threat of rising sea levels, which they say is endangering the very existence of their homeland.
Federal Court Judge Michael Wigney ruled that, under current law, there was no legal foundation to support the Elders’ case. However, he acknowledged the government had not followed the best available climate science when setting emissions targets in 2015, 2020, and 2021.
‘We will rise again’: Elders stand firm in their climate mission
Speaking after the ruling, Uncle Pabai described the moment as emotional, but not the end of their journey. “I’m still feeling emotional… all the families supported us and gave us encouragement to go through this journey,” he said. He explained that his two-year-old son remains the motivation behind his fight.
Uncle Paul shared similar feelings, saying, “We’ve taken the judge to see what’s happening on our islands. The Australian Government is not doing enough.” He called on the younger generation to speak out and described the Torres Strait Islanders as “future climate change refugees.”
Their legal team, including Brett Spiegel and Isabelle Reineke, expressed disappointment but pointed out the progress made. Spiegel said, “There is an existential threat to the Torres Strait and the Government’s actions have been insufficient and not connected to science.“
Reineke drew inspiration from the late Eddie Koiki Mabo, who endured setbacks before his historic High Court win in Mabo No. 2. She said, “Today is just the next step on the pathway to justice.“
Government response questioned amid climate contradictions
Following the decision, Ministers Chris Bowen and Malarndirri McCarthy released a joint statement recognizing the Torres Strait’s vulnerability. They claimed the current government is reversing years of climate denial by embedding new targets in law.
But Aunty McRose Elu, who testified in the case, accused them of hypocrisy, citing the government’s recent provisional approval of a massive gas project. “Come and sit with me on Saibai and look those kids in the eyes… your government just approved another fossil fuel project — that will drown us,” she said.
Her emotional message to the Prime Minister and ministers was resolute: “Wake up, the world is watching… we will not fail, we will have that victory.“
