Islanders' rights violated by Australia, UN rules

GENEVA — The government of Australia has failed to adequately protect indigenous Torres Islanders against adverse impacts of climate change and thus violated their rights to enjoy their culture and be free from arbitrary interferences with their private life, family and home, the United Nations Human Rights Committee says.

The committee issued its decision on Friday after examining a joint complaint filed by eight Australian nationals and six of their children, claiming that their rights had been violated as Australia failed to adapt to climate change by, among other things, upgrading sea walls on the islands and reducing greenhouse gas emissions.

The eight Australian nationals and six of their children are all indigenous inhabitants of Boigu, Poruma, Warraber and Masig, four small, low-lying islands in Australia's Torres Strait region. In their complaint brought to the committee, the islanders said the changes in weather patterns had direct harmful consequences on their livelihood, their culture and traditional way of life.

"This decision marks a significant development as the committee has created a pathway for individuals to assert claims where national systems have failed to take appropriate measures to protect those most vulnerable to the negative impacts of climate change on the enjoyment of their human rights," Helene Tigroudja, a committee member, said.

Rising sea levels have already damaged food sources and ancestral burial sites, scattering human remains, the islanders argued, saying their homes are at risk of being submerged.

"I know that our ancestors are rejoicing knowing that Torres Strait Islander voices are being heard throughout the world through this landmark case," said Yessie Mosby, a Kulkalgal man and traditional owner on the island of Masig who is a claimant in the case. "This win gives us hope that we can protect our island homes, culture and traditions for our kids and future generations to come," he said.

ClientEarth, an environmental charity working with the claimants, said it was the first legal action brought by climate-vulnerable inhabitants of small islands against a nation-state, setting several precedents.

Australia had violated two of the three human rights set out in a UN Treaty, the International Covenant on Civil and Political Rights (1966), pertaining to culture and family life, but not article 6 on the right to life, the committee said.

Calling for remedy

It called for Australia to provide the islanders with an effective remedy.

Australia's Attorney General, Mark Dreyfus, said in emailed comments to Reuters that the government was working with the islanders on climate change and stressed that the case predated the current administration.

Torres Strait Islanders are part of Australia's indigenous population, along with Aboriginal people, who live on small clusters of low-lying islands dotted between Australia and Papua New Guinea.

The case was filed when the former Conservative government, seen as a laggard in the battle against climate change, was in power. Since then parliament has passed legislation on emissions cuts, and the Climate Change and Energy Minister, Chris Bowen, has visited the islands this year.

About 173 of the 193 UN member states have ratified the covenant, including Australia. There is no enforcement mechanism but there are follow-up steps, and states generally comply with the committee's findings.

Agencies - Xinhua