Landmark Climate Case Appeals for Indigenous Rights

Torres Strait Islanders have launched an appeal in the Federal Court to overturn a prior decision regarding the Commonwealth's duty of care to protect their community from climate change impacts. According to the Australian Broadcasting Corporation, the appeal follows a July judgment where Justice Michael Wigney acknowledged the existential threat that climate change poses to Torres Strait Islanders and found that the government did not adequately engage with the best available science when setting emissions targets.

The plaintiffs, led by uncles Paul Kabai and Pabai Pabai, expressed their disappointment over the initial ruling, which stated that the Commonwealth does not owe a legal duty of care to protect the Islanders from climate-related damages, nor does it recognize cultural loss as compensable under current law.

The court's earlier findings indicated that the emissions targets set by the Coalition in 2015, 2020, and 2021 were inconsistent with scientific recommendations needed to limit global warming to 1.5 degrees Celsius.

The court’s acknowledgment of the impacts of climate change on the Torres Strait, including coastal erosion and destruction of ancestral graves, was significant, yet Justice Wigney declared that such issues were beyond his jurisdiction and should be addressed through legislative reform or higher court intervention.

The appeal aims to prompt the full Federal Court to consider aspects that the trial judge felt constrained to address. Uncle Paul Kabai emphasized the urgency for the government to take action, advocating for a commitment to reduce greenhouse gas emissions to prevent the Torres Strait Islanders from becoming climate change refugees.

As the debate on climate policy continues in Parliament, Kabai insists that immediate and effective action is necessary to protect the future of their community. The Federal Court will establish a timeline for written submissions and oral hearings as the appeal progresses.