Paul Kabai (L) and Pabai Pabai, seen here after the Federal Court of Australia decision in Cairns, Australia on Tuesday. EPA/BRIAN CASSEY AUSTRALIA AND NEW ZEALAND OUT
An Australian federal court ruled Tuesday that Indigenous residents of the Torres Strait Islands are not owed environmental protections from the nation’s government.
Justice Michael Wigney said in his dismissal that “changes wrought by the escalating impacts of global warming and climate change in the Torres Strait have had, and continue to have, a devastating impact on the traditional way of life of Torres Strait Islanders.”
However, he concluded that the case brought by island community elders Pabai Pabai and Paul Kabai “failed because the law in Australia as it currently stands provides no real or effective avenue through which the applicants were able to pursue their claims.”
Wigney further explained that current common Australian law is not written in a way that the plaintiffs could seek relief in regard to what they considered a failure of the federal government.
The elders, Pabai Pabai and Paul Kabai, launched legal action in 2021 against the government for allegedly failing to protect the Torres Strait Islands from the impact of climate change.
The plaintiffs charged that governmental negligence interfered with the completion of Ailan Kastom, customary practices unique to Torres Strait Islanders that relate to a spiritual connection to the islands and surrounding waters.
“I thought that the decision would be in our favor, and I’m in shock,” said Kabai Tuesday.
“My heart is broken for my family and my community,” said Pabai.
There are around 4,000 residents of the Torres Strait Islands, with 90% who identify as Indigenous.
Wigney concluded his ruling with a notation that any future, similar lawsuits will also fail “until the law in Australia changes.”
He then added that until it does, “the only recourse that those in the position of the applicants and other Torres Strait Islanders have is recourse via the ballot box.”
Australian Minister for Climate Change and Energy Chris Bowen released a joint statement with the Minister for Indigenous Australians Malarndirri McCarthy Tuesday in regard to the case.
The release noted ways the current government has attempted to deal with climate change, and that it “remains committed to both acting to continue to cut emissions and adapting to climate impacts we cannot avoid.”
As for Tuesday dismissal of the case brought by Pabai and Kabai, it concluded that “As the Commonwealth is carefully considering the detailed judgment, it would not be appropriate to comment on the specific findings while this occurs.”
