Indigenous Australians lose landmark climate court case against government

Torres Strait Islanders Lose Court Battle over Climate Targets

Pabai Pabai (L) and Paul Kabai (R) expressed deep disappointment after the Federal Court ruled that the Australian government was not required to protect the Torres Strait Islands from climate change. The case, brought by traditional land owners from Boigu and Saibai, sought a legal order to demand emissions reductions that would prevent islanders from becoming “climate refugees.”

Key Facts of the Decision

• The court found that setting emissions targets between 2015 and 2021 did not consider the “best available science.”
• Justice Michael Wigney noted that any additional greenhouse gases released under low‑target policies would cause an almost immeasurable increase in global temperatures.
• Australia’s previous conservative government aimed to cut emissions by roughly 26 % before 2030.
• The current left‑leaning government, adopted in 2022, pledged a 40 % cut by 2030 and net‑zero by 2050.

Impact on the Torres Strait

• Fewer than 5,000 residents live on an archipelago of about 274 mud islands and coral cays wedged between Australia’s mainland and Papua New Guinea.
• Sea levels in some parts of the archipelago are rising almost three times faster than the global average.
• Rising tides have washed away graves, eroded extensive stretches of coastline, and salted once‑fertile soils.
• The lawsuit argued that if global temperatures rise more than 1.5 °C above pre‑industrial levels, many islands would soon become uninhabitable.

Voices of the Islanders

Paul Kabai said: “I thought that the decision would be in our favour, and I’m in shock. What do any of us say to our families now?”

Pabai Pabai added: “My heart is broken for my family and my community.”

Broader Context

While Australia’s emissions are small compared to China or the United States, the country remains one of the world’s largest coal exporters, making its fossil‑fuel activity a significant contributor to global warming.

Looking Ahead

The case highlights the urgent need for stronger climate policies that protect the most vulnerable communities. Although the court ruled that the government was not obliged to shield the islands from climate change, the decision underscores the limits of Australia’s current emissions targets and the necessity for more ambitious action.