UN rules Australia’s climate inaction violates rights of Torres Strait Islanders

The United Nations Commission on Human Rights concluded on September 22 that the Australian government was effectively failing the people of the low islands of the Torres Strait, due to its refusal to take adequate action in the face of the climate crisis, which in turn has a negative impact on their lives. and environment.

The May 13, 2019 complaint was filed with the UN by a group known as the Torres Strait Eight, with the overriding issue being that the Australian government is “failing to take mitigation and adaptation action to address the effects of climate change”.

The Torres Strait Eight are native to four islands: Boigu, Poruma, Warraber and Masig. And they cited the Torres Strait Regional Authority, a government agency, which found that in 10 to 15 years the islands will be uninhabitable, due to flooding, rising temperatures and loss of food sources. .

The HRC found that our government is violating a number of civil and political rights of the peoples of the region, as climate damage is already happening, and despite multiple calls, no adaptation or minimization measures have been taken and promises of future cures are insufficient.

Photo credit: 350 Australia

Climate erodes rights

The act of filing the rights-based climate complaint against Australia was unprecedented, as were the people of the Low Islands taking action against a nation state, but the decision in favor of the people of Zenadh Kes-the Strait of Torres is revolutionary.

The complaint claimed that the federal government violated the rights of people living in Zenadh Kes under several articles of the International Covenant on Civil and Political Rights. And for its part, Australia has asserted that the alleged climate violations fall outside the scope of the ICCPR.

The UNHRC has found that Australia is failing to uphold local people’s right to freedom from interference with privacy, family and home, under Article 17 of the ICCPR, as it claims that changing climate is already having an impact on these aspects of life and that the government is doing nothing. .

Article 27 of the ICCPR is also undermined because, due to their status as ethnic minorities in Australia, the various peoples of Zenadh Kes are entitled to the preservation of cultural identity, which is already “compromised by the viability of their islands… due to climate change”.

And a minority at UNHRC found that the right to life of Torres Strait Islanders, as protected by Article 6, is also being violated.

A planetary victory

In a recent opinion piece in the Herald, Kulkalgal man Yessie Mosby said that the determination of the HRC was not only a victory for the peoples of Zenadh Kes, but also had a great significance to First Peoples around the world.

Masig’s local then asks whether the Albanian government will follow up on this UN finding.

According to Mosby, this would involve “extensive consultation with traditional owners” regarding adaptation measures, such as seawalls, and a commitment to “100% renewable energy in Australia over the next 10 years”.

“We celebrate at Zenadh Kes, but the fight is not over,” concludes the Torres Strait Eight member. “We will keep fighting until our hearts stop beating, and we know the next generation will pick up this slack and keep racing towards a brighter future.”

Main image: Flood on the island of Boigu. Photo credit: 350 Australia