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Indigenous Australians Face Setback in Landmark Climate Case Against Government

share-iconPublished: Tuesday, July 15 share-iconUpdated: Tuesday, July 15 comment-icon4 months ago
Indigenous Australians Face Setback in Landmark Climate Case Against Government

Credited from: INDIATIMES

  • Indigenous Australians on the Torres Strait Islands lose a landmark climate case against the Australian government.
  • The Federal Court ruled that the government has no obligation to protect residents from climate change effects.
  • The plaintiffs emphasized rising sea levels and the threat of climate refugees due to inaction on emissions targets.
  • The court acknowledged the devastating impact of climate change but deferred policy matters to the government.
  • The incumbent government has committed to more ambitious emissions reduction targets moving forward.

Indigenous Australians residing on the Torres Strait Islands have lost a pivotal court case against the Australian government, which many believed would compel the authorities to take robust action against climate change. The Federal Court’s ruling asserted that the government is not obliged to shield the islands from climate change impacts, thereby raising concerns about the future of Indigenous rights in Australia. Torres Strait Islander Paul Kabai expressed disbelief at the outcome, stating, "I thought that the decision would be in our favour, and I’m in shock," highlighting the emotional toll on local communities according to Indiatimes, BBC, and Al Jazeera.

The Torres Strait Islands, comprising around 274 islands and home to fewer than 5,000 residents, face severe threats from rising sea levels that are escalating at nearly three times the global average. The Federal Court recognized that the Australian government's targets for greenhouse gas emissions from 2015 to 2021 failed to utilize "the best available science," with Justice Michael Wigney critiquing their ineffectiveness in mitigating climate change. "Any additional greenhouse gases that might have been released... would have caused no more than an almost immeasurable increase in global average temperatures," he remarked, according to Indiatimes, BBC, and Al Jazeera.

The plaintiffs argued that the lack of ambitious climate action could result in islanders becoming "climate refugees," as rising tides threaten their cultural heritage and land. Justice Wigney underscored the cultural significance of these islands, stating that their unique customs and spiritual ties to the land are at risk due to climate-related degradation. His ruling regrettably noted the restrictions placed by current negligence laws that do not allow for compensation related to cultural losses caused by government policy failures, according to Indiatimes, BBC, and Al Jazeera.

In response to the ruling, the Australian government, now led by a left-leaning administration, has expressed commitment to more ambitious emissions targets—aiming for a 40% reduction in greenhouse gases by 2030 and achieving net zero by 2050. The government acknowledged the vulnerability of the Torres Strait Islands and the pressing need for urgent action on climate change. During a joint statement, Minister for Climate Change and Energy Chris Bowen affirmed their intent to protect "all Australians," reflecting on the previous administration's shortcomings, as reported by Indiatimes, BBC, and Al Jazeera.


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