A group of eight Torres Strait Islander people have made international legal history, after the United Nations Human Rights Committee found that the Australian Government is violating its human rights obligations to them through climate change inaction.
The landmark decision delivered by the Committee today agreed with the complaint filed in 2019, obliging the Government to pay adequate compensation to the claimants and do whatever it takes to ensure the safe existence of the islands.
The complaint is the first legal action brought by climate-vulnerable inhabitants of low-lying islands against a nation state, and the decision has set several ground-breaking precedents for international human rights law.
Yessie Mosby, a Kulkalgal man and Traditional Owner on the island of Masig and a claimant in the case, said:
"This morning when I woke up on Masig, I saw that the sky was full of frigate birds. In my culture, we take this as a sign from my ancestors that we would be hearing good news very soon about this case.
"I know that our ancestors are rejoicing knowing that Torres Strait Islander voices are being heard throughout the world through this landmark case. Climate change affects our way of life everyday. This win gives us hope that we can protect our island homes, culture and traditions for our kids and future generations to come.
- Climate change was indeed currently impacting the claimants' daily lives;
- To the extent that their rights are being violated; and,
- That Australia was breaching its human rights obligations to the people of the Torres Strait by failing to cut its greenhouse gas emissions quickly enough.
- The committee majority found that Australia's poor climate record is a violation of their right to family life and right to culture under the global human rights treaty, the International Covenant on Civil and Political Rights.
- A minority also found that the Government had violated their right to life.
The decision marks the first time an international tribunal has found a country has violated human rights law through inadequate climate policy; the first time a nation state has been found responsible for their greenhouse gas emissions under international human rights law; and, the first time that peoples' right to culture has been found to be at risk from climate impacts.
Australian climate lawyer Sophie Marjanac, with environmental legal charity ClientEarth, acted for the claimants. Marjanac said:
"This is an historic victory for climate justice. It is a victory for all peoples who are the most vulnerable to runaway climate change. This case opens the door
