7am ‘Mabo didn’t win the first time’: Torres Strait Islanders will continue climate fight
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Jul 16, 2025 Ben Abbatangelo, a Gunaikurnai and Wotjobaluk writer for The Saturday Paper, joins the discussion on the recent Federal Court ruling that denied a major class action from Torres Strait Islanders. The court recognized the severe climate threats but failed to provide legal support. Abbatangelo addresses the emotional toll on the community and their relentless spirit to fight for their rights. He critiques the government's response and explores future legal avenues to seek justice, asserting that losing is not an option for these resilient Islanders.
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Law Limits Climate Relief
- Justice Wigney accepted the facts about climate impacts but said Australian law doesn't provide effective relief in this case.
- The judge recognized cultural loss as real damage but said courts can't newly establish legal duty of care here.
Torres Strait Islands at Risk
- Uncles Paul Pabai and Pabai Pabai, from Saibai and Boigu islands, say their homelands face engulfing seas within 30 years.
- They argue forced relocation isn't climate adaptation but dispossession of their ancestral lands.
Government Denies Legal Duty
- The government argued no legal duty of care exists and said Torres Strait Islanders can protect themselves by relocating.
- They denied scientific climate targets and compensation for cultural loss tied to climate impacts.