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Torres Strait islanders, with the help of @ClientEarth, are arguing to the UN Human Rights Committee that Australia's failure to address climate change violates their human rights. Here’s why this claim breaks new ground. 1/12 nyti.ms/2vVAuCl
In the article, the islanders, indigenous Australians who live in the strait between Australia and New Guinea, explain how the effects of climate change, especially rising sea levels, are interfering with their human rights to life and culture. 2/12
Ever since the Inuit people in the Arctic first made this type of argument over ten years ago, it has become clearer and clearer that climate disruption prevents the enjoyment of rights to life, health, culture, food, housing, etc. 3/12
These arguments have had some success, especially in domestic courts. Last fall, in the Urgenda case, a Dutch court ordered the Netherlands to lower its carbon emissions to comply with its obligations under the European Convention on Human Rights. 4/12
What makes the Torres Strait claim a potentially groundbreaking precedent is that it’s the first of these cases to bring a petition to one of the UN human rights treaty bodies. 5/12
Each major UN human rights treaty is overseen by a “treaty body” – a committee of independent experts that evaluates the countries’ compliance. In some cases, these treaty bodies can also receive complaints of violations from individuals and groups. 6/12
In this case, the Torres Strait islanders are arguing that Australia is in violation of its obligations under the International Covenant on Civil and Political Rights, which is overseen by the Human Rights Committee (not the HR Commission, btw, which is another thing). 7/12
Specifically, they say that Australia has violated its duty to protect their rights to life, private family life, and culture. The Committee has long said that states must not only not violate those rights themselves; they must protect the rights from abuses by others. 8/12
Only last fall, though, did the Committee say, in a general comment, that this duty to protect includes protection against environmental harm, including climate change. tbinternet.ohchr.org/Treaties/CCPR/… 9/12
So this case gives the Human Rights Committee its first chance to give specific application to its general statement, by assessing and explaining what Australia should do to protect the human rights of the Torres Strait islanders. 10/12
To be clear: the Committee can’t issue legally binding orders. But its decision may increase pressure on Australia to do the right thing. 25 years ago, the famous Toonen complaint against Australia to the Committee helped end criminalization of homosexuality in Tasmania. 11/12
In short, the Torres Strait islanders' complaint adds their voices to others, all over the world, who are employing human rights norms to try to induce governments to take more rapid action to address the looming climate catastrophe we all face. 12/12
