Petition of Torres Strait Islanders

A group of eight Torres Strait Islanders submitted a petition against the Australian government to the United Nations Human Rights Committee. The petition alleges that Australia is violating the plaintiffs’ fundamental human rights under the International Covenant on Civil and Political Rights (ICCPR) due to the government’s failure to address climate change.

This petition represents the first climate change legal action in Australia that makes an argument based on a violation of human rights. It also constitutes the first legal action filed with a UN body by inhabitants of low-lying islands against a national government for inaction on climate change.

Background
The Torres Strait Islands are a group of at least 274 geographically unique islands off the northern tip of Queensland, Australia, between the Australian mainland and Papua New Guinea. They are home to 4,514 Strait Islanders, according to the Australian 2016 census.

With a unique ecosystem and several low lying islands, parts of this Strait are predicted to be devastated by the effects of climate change. Climate change is causing rising sea levels and rising ocean temperatures which will increase inundation and storm surges as well as cause coral bleaching and ocean acidification. This is particularly troubling due to the Islander’s cultural, social, and economic reliance on the ecosystem.

According to materials released by the plaintiffs, the complaint alleges that Australia’s insufficient action on climate change has violated the following rights under the ICCPR: Article 27 (the right to culture), Article 17 (the right to be free from arbitrary interference with privacy, family and home), and Article 6 (the right to life). The complaint further argues these violations stem from both insufficient targets and plans to mitigate greenhouse gas emissions and inadequate funding for coastal defense and resilience measures on the islands, such as seawalls.

The Australian government has promised $25 million in climate adaptation spending for the Torres Strait. The money will be used to construct seawalls, repair and maintain jetties and re-establish ferry services.

Relevant Laws and Principles

 * International Covenant on Civil and Political Rights
 * Article 6 (Right to Life)
 * Article 17 (Right to Privacy, Family, and Home)
 * Article 27 (Right to Culture)

Ruling
The Australian government has sought to have the petition dismissed, arguing that global warming is a global problem and that Australia is not the main or only contributor. They have also denied that climate change is currently impacting the Torres Strait islanders, saying the complaint concerns future risks.

Despite seeking to have the case dismissed, the Australian government has promised $25 million in climate adaptation spending for the Torres Strait. The money will be used to construct seawalls, repair and maintain jetties and re-establish ferry services.

Takeaways
This petition represents the first climate change legal action in Australia that makes an argument based on a violation of human rights. It also constitutes the first legal action filed with a UN body by inhabitants of low-lying islands against a national government for inaction on climate change.

Links

 * Sabin Center Database
 * Grantham Research Institute
 * https://www.humanrights.gov.au/sites/default/files/content/social_justice/nt_report/ntreport08/pdf/casestudy1.pdf
 * https://www.clientearth.org/torres-strait-islanders-win-key-ask-after-climate-complaint/
 * ClientEarth Live: Climate Change and Human Rights - The Torres Strait Islands