Torres Strait Islanders are on the verge of receiving a landmark decision in a landmark climate case. This decision will have a profound impact on the direction their islands and culture are headed. The federal court would be poised to address an increasingly dire reality of rising sea levels, climate change, and true emergency status. Together, these issues threaten the just future of these low-lying paradise islands. Traditional owners Uncle Pabai and Uncle Paul Kabai are at the forefront of a high-impact legal fight. They’re continuing to fight so that all Torres Strait Islander peoples can protect their homelands and culture for generations to come.
The proceedings mark the culmination of a four-year fight. During this time, Uncle Pabai and Uncle Paul have zealously defended their community’s case to the highest court. The strategic lawsuit, funded by the Grata Fund, takes its cue from a successful climate lawsuit in the Netherlands. The Torres Strait Islanders argue that the Commonwealth has not done enough to protect their communities from the impacts of climate change. They experience these impacts on their commute, when crossing the street, and even in their own neighborhoods.
A Culture at Risk
The spiritual and cultural connection that Torres Strait Islanders have with their home, land and sea is deep, unmistakable and unique. The islands of Saibai and Boigu are especially at risk, since they are predominantly swamp and estuaries. Climate change Rising sea levels are already doing enough damage. In the Saibai Cemetery, tidal flooding has knocked over headstones as rising waters erode the ground beneath them.
Uncle Pabai expressed deep concern about the future of his people, stating, “The role I’m playing now is important in saving my people. For the next generation to come, I don’t like to see Boigu under the water.” His commitment to ensuring that his community’s history and culture thrives continues to highlight what’s at stake with this pivotal case.
The court was informed that sea levels in the Torres Strait are already rising at twice the global average. This horrifying trend has many terrified that unless swift action is taken, Torres Strait Islanders will soon be “climate refugees.” Uncle Paul articulated this anxiety succinctly: “I’ll have no land, I’ll have no culture, I’ll have nothing.”
Rising Waters and Legal Challenges
The judges’ amazing trip this year to the islands of Boigu island and Saibai. Over the course of their official visit, they saw firsthand the immediate effects climate change is having on these communities. The conclusion is inescapable—crossing the 1.5-degree Celsius threshold established by the world’s nations in international accords is extremely dangerous. This breach would lead to very limited, but irreversible damage to smaller, lower islands including islands in the Torres Strait.
With increasing sea-level rise, the impact to local residents has been immediate and obvious, an existential threat to their way of life. The struggle for justice and against climate change has become a defining issue for First Nations people in this region. Failure to act would result in irreversible erosion of their land and culture, and inevitably require them to face a much more uncertain future.
Uncle Paul emphasized their determination: “We’re not going to stop. If we stop, Saibai will be underwater.” For us, that steadfast determination is reflective of the dire straits they are in and the importance of the court’s decision for their community, but it speaks volumes.
Implications for Future Generations
This case will likely set a major international precedent for Torres Strait Islanders, and others like them. It can serve to inspire other Indigenous communities worldwide who are working against similar odds. The Torres Strait Islanders’ fight for justice is rooted in an ongoing struggle outside the courtroom. They are fighting climate change to protect their very existence and are committed to protecting their irreplaceable culture.
As they wait to hear what the court will decide, Torres Strait Islanders are cautiously optimistic that justice will triumph. All of them simply want recognition of their struggle. They call for immediate action to protect their culture and homeland for generations to come.
