Torres Strait Islands

In 1904, the peoples of the Torres Strait Islands were made subject to the Aboriginals Protection and Restriction of the Sale of Opium Act 1897,[11] which gave draconian powers to the Queensland government in placing legal restrictions on natives and on their land use.[10]

In 1899, John Douglas had initiated a process of electing island councils, intended to loosen the power of missionaries in the islands. They had become powerful by default because the government did not have resources to administer the territory. In the Western islands, where the traditional lifestyle was semi-nomadic, the council system continued to thrive.[10]

During World War II, many Torres Strait Islander people served in the Torres Strait Light Infantry Battalion of the Australian Army.

From 1960 to 1973, Margaret Lawrie captured some of the Torres Strait Islander people's culture by recording their recounting of local myths and legends. Her anthropological work, stored at the State Library of Queensland, has recently been recognised and registered with the Australian UNESCO Memory of the World Programme.[10]

The proximity of the islands to Papua New Guinea became an issue when the territory started moving to gain independence from Australia, which it gained in 1975. The Papua New Guinea government objected to the position of the border close to the New Guinean mainland, and the subsequent complete control that Australia exercised over the waters of the strait. The Torres Strait Islanders opposed being separated from Australia and insisted on no change to the border.[12] The Australian Federal government wished to cede the northern islands to appease Papua New Guinea, but were opposed by the Queensland government and Queensland Premier Sir Joh Bjelke-Petersen.[13]

An agreement was struck in 1978 whereby the islands and their inhabitants remained Australian, but the maritime boundary between Australia and Papua New Guinea was defined as running through the centre of the strait. In practice the two countries co-operate closely in the management of the strait's resources.[14]

In 1982, Eddie Mabo and four other Torres Strait Islander people from Mer (Murray Island) started legal proceedings to establish their traditional land ownership. Because Mabo was the first-named plaintiff, it became known as the Mabo Case. In 1992, after ten years of hearings before the Queensland Supreme Court and the High Court of Australia, the latter court found that the Mer people had owned their land prior to annexation by Queensland.[15] This ruling overturned the long-established legal doctrine of terra nullius ("no-one's land"), which held that native title over Crown land in Australia had been extinguished at the time of annexation. The ruling thus has had far-reaching significance for the land claims of both Torres Strait Islanders and Australian Aboriginal people. Its effects are still being felt in the 21st century, as indigenous communities establish claims to their traditional lands under the Native Title Act of 1993.

On 1 July 1994, the Torres Strait Regional Authority (TSRA) was created. In March 2008, fifteen Torres Strait Islander Councils were amalgamated into a single body to form a Torres Strait Island Regional Council, or Torres Strait Island Region, created by the Queensland Government in the interest of financial viability, and accountability and transparency of local governments throughout the State.[10] It is administered from Thursday Island, but Thursday, Horn Island, Prince of Wales Island and many others are under the Shire of Torres council.[16]

In the 2016 census, the population of the Torres Strait Islands was 4,514, of whom 4,144 (91.8%) were Torres Strait Islanders.[1] These inhabitants live on only 14 of the 274 islands.[17] For comparison, people identifying themselves as of Torres Strait Islander descent living in the whole of Australia numbered 32,345, while those of both Torres Strait Islander and Aboriginal descent numbered a further 26,767.[18]

The islands in this cluster lie very close to the southwestern coastline of New Guinea (the closest is less than 4 kilometres (2.5 mi) offshore). Saibai (one of the largest of the Torres Strait Islands) and Boigu (one of the Talbot Islands) are low-lying islands which were formed by deposition of sediments and mud from New Guinean rivers into the Strait accumulating on decayed coral platforms. Vegetation on these islands mainly consists of mangrove swamps, and they are prone to flooding.

The other main island in this group, Dauan (Mt Cornwallis), is a smaller island with steep hills, composed largely of granite. This island actually represents the northernmost extent of the Great Dividing Range, the extensive series of mountain ranges which runs along almost the entire eastern coastline of Australia. This peak became an island as the ocean levels rose at the end of the last ice age.

The isolated and uninhabited Deliverance Island is 67 kilometres (42 mi) west of Boigu, the nearest of the Top Western islands.

The islands in this cluster lie south of the Strait's midway point, and are also largely high granite hills with mounds of basaltic outcrops, formed from old peaks of the now submerged land bridge. Moa (Banks Island) is the second-largest in the Torres Strait, and Badu (Mulgrave Island) is slightly smaller and fringed with extensive mangrove swamps. Other smaller islands include Mabuiag, Pulu and further to the east Naghir (correct form Nagi, aka Mount Ernest Island). Culturally this was the most complex part of Torres Strait, containing three of the four groupings/dialects of the Western-central Islanders, Nagi being culturally/linguistically a Central Island (Kulkalaig territory, specifically part of Waraber tribal waters), Moa is part of the Muwalaig-Italaig-Kaiwalaig [Kauraraig/Kaurareg] tribal areas, with two groups, the Italaig of the south, and the Muwalaig of the north. Many Kauraraig also live there, having been forcibly moved there in 1922–1923. Badu and Mabuiag are the Maluigal Deep Sea People.

The township of Thursday Island

These islands, also known as the Thursday Island group, lie closest to Cape York Peninsula, and their topography and geological history is very similar. Muralag (Prince of Wales Island) is the largest of the Strait's islands, and forms the centre of this closely grouped cluster. The much smaller Waiben Thursday Island is the region's administrative centre and most heavily populated. Several of these islands have permanent freshwater springs, and some were also mined for gold in the late 19th and early 20th centuries. Because of their proximity to the Australian mainland, they have also been centres of pearling and fishing industries. Nurupai Horn Island holds the region's airport, and as a result is something of an entrepôt with inhabitants drawn from many other communities. Kiriri (Hammond Island) is the other permanently settled island of this group; Tuined (Possession Island) is noted for Lt. James Cook's landing there in 1770. Moa in the Near Western group is culturally and linguistically speaking part of this group.

This cluster is more widely distributed in the middle of Torres Strait, consisting of many small sandy cays surrounded by coral reefs, similar to those found in the nearby Great Barrier Reef. The more northerly islands in this group however, such as Gerbar (Two Brothers) and Iama (Yam Island), are high basaltic outcrops, not cays. Nagi is a culturo-linguistic part of this group, and also has high basaltic outcropping. The low-lying inhabited coral cays, such as Poruma (Coconut Island), Warraber Island and Masig (Yorke Island) are mostly less than 2 to 3 kilometres (1.2–1.9 miles) long, and no wider than 800 metres (2,600 feet). Several have had problems with saltwater intrusion.

The islands of this group (principally Mer (Murray Island), Dauar and Waier, with Erub Island and Stephen Island (Ugar) further north) are formed differently from the rest. They are volcanic in origin, the peaks of volcanoes which were active in Pleistocene times. Consequently, their hillsides have rich and fertile red volcanic soils, and are thickly vegetated. The easternmost of these are less than 20 kilometres (12 mi) from the northern extension of the Great Barrier Reef.

The Torres Strait Regional Authority (TSRA), an Australian Commonwealth statutory authority created in 1994, exercises governance over the islands. The TSRA has an elected board comprising 20 representatives from the Torres Strait Islander and Aboriginal communities resident in the Torres Strait region.

One representative per established local community wins election to the board under the Queensland Community Services (Torres Strait) Act 1984 and Division 5 of the ATSIC Act 1989. The TSRA itself falls under the portfolio responsibilities of the Australian Government Department of the Prime Minister and Cabinet (previously under the Department of Families, Community Services and Indigenous Affairs). Thursday Island functions as the administrative centre of the islands.

The TSRA now represents the local communities at both Commonwealth and State levels; previously, State representation operated via a Queensland statutory authority called the Island Coordinating Council (ICC). The Torres Strait Island Region local government area superseded the ICC in March 2008.

In March 2008, fifteen Torres Strait Islander Councils were amalgamated into a single body to form a Torres Strait Island Regional Council, or Torres Strait Island Region, created by the Queensland Government in the interest of financial viability, and accountability and transparency of local Governments throughout the State.[10] It is administered from Thursday Island, but Thursday, Horn Island, Prince of Wales Island and many others are under the Shire of Torres council.[25]

At the local level, there are two authorities. One is the Shire of Torres, which governs several islands and portions of Cape York Peninsula and operates as a Queensland local government area.

The other is the Torres Strait Island Region, created in 2008, which embodies 15 former island councils. These former councils had been previously relinquished by the Government of Queensland to specific Islander and Aboriginal Councils under the provisions of the Community Services (Torres Strait) Act 1984 and the Community Services (Aboriginal) Act 1984), consisting of:

A group of eight people from the small, low-lying islands of Boigu, Poruma, Warraber and Masig,[36] who became known as the Torres Strait 8, lodged a complaint against the Australian Government with the UN Human Rights Committee in May 2019, based on the claim that their human rights were being violated by the government's lack of efforts to protect the people of the Strait from the effects of climate change. Their complaint has been supported by the current and previous UN Special Rapporteur on Human Rights and the Environment, David Boyd and John Knox respectively. The group is also seeking an opinion from the International Court of Justice as to whether they would be eligible to seek compensation from countries or large companies for losses brought about by climate change.[37][34]

In 2020 the Torres Strait 8 were recognised as one of ten "Human Rights Heroes" in the Human Rights Awards, in a special category replacing the usual awards.[38][39]

In September 2022, the UN Human Rights Committee gave its response to the Torres Strait 8. It concluded that Australia had violated two of three human rights described in the International Covenant on Civil and Political Rights, a treaty signed in 1966 by 173 member states of the UN, including Australia. The violated rights are "the right to enjoy their culture" and "[to] be free from arbitrary interferences with their private life, family and home". The committee did not find that their right to life had been violated. There is no means by which to enforce the finding, but states generally comply. While the Morrison government had called for dismissal of the complaint, the Albanese government (since early 2022) was committed to working with Torres Strait Islanders on climate change.[36] The committee called on the government to compensate the islanders for the harm already inflicted, "consult the community on their needs and take action to secure their safety".[40]