Torres Strait Elders’ Fight to Protect Homes and Heritage Nears Conclusion

The Federal Court of Australia is poised to deliver a verdict in the Australian Climate Case, a significant legal challenge led by Torres Strait Islander elders Paul Kabai and Pabai Pabai. Initiated in 2021, the case demands that the Commonwealth take robust action to shield their ancestral lands from climate change’s devastating effects. This article explores the elders’ battle, its cultural and historical significance, and the broader implications for Indigenous rights and environmental policy.

For four years, Kabai and Pabai have fought to protect their communities on Boigu and Saibai Islands, where rising sea levels threaten homes, sacred sites, and a way of life tied to the land. The elders argue that the Australian government has a duty of care to act decisively against climate change, which endangers their people’s survival. Pabai draws inspiration from Eddie Mabo, whose landmark 1992 High Court of Australia decision rejected the colonial myth of terra nullius, land belonging to no one, securing native title for Indigenous Australians. “This is a victory for my family and communities on Boigu and all the community around the country and around the world,” Pabai told the Bendigo Advertiser on July 13, 2025, envisioning a win as a triumph for future generations, including his two-year-old son.

The case underscores a broader struggle: preserving Indigenous heritage against environmental devastation. Saibai Island’s cemetery, now hemmed in by a seawall on three sides, symbolizes the encroaching threat. The elders’ fight resonates beyond the Torres Strait, echoing global Indigenous battles for land and cultural survival. Yet, the current Labor government’s response has drawn skepticism. Critics argue it has been slow to prioritize meaningful climate action, leaving vulnerable communities exposed while focusing on political optics.

As the court’s decision looms, the emotional weight of this journey is palpable. Kabai and Pabai have rallied their communities, enduring a grueling legal process to honor their ancestors and secure a future for their descendants. A ruling in their favor could set a precedent, compelling governments to act swiftly on climate threats to Indigenous lands. Whatever the outcome, their courage highlights the urgent need for policies that protect both heritage and homeland.