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Australia violated the rights of Torres Strait Islanders by failing to act on climate change, the UN says. Here’s what that means

Kristen Lyons discusses the historical win of the Torres Strait Islanders, a recent landmark decision on Indigenous rights and climate justice. Significantly, Indigenous cultural and ecological knowledge were central to the outcome case, marking an important departure from international climate politics whereby Indigenous epistemologies and practices are often sidelined by Western climate science and empiricism.
Image by Saibai Island in the Torres Strait Islands: The community of Saibai Island, documented in during high tides in January 2012. Photo by Brad Marsellos. Source: Creative Commons .
Kristen Lyons | 26 Oct 2022

In a , a United Nations committee on Friday found Australia’s former Coalition government violated the human rights of Torres Strait Islanders by failing to adequately respond to the climate crisis.Ìý

The Torres Strait Islanders claimed Australia failed to take measures such as reducing greenhouse gas emissions and upgrading seawalls on the islands. The UN upheld the complaint and said the claimants should be compensated.Ìý

This decision is a breakthrough in Indigenous rights and climate justice, including by opening up new pathways for Indigenous communities – who are often on the frontline of the climate crisis – to defend their rights.Ìý

The Albanese government, which has stated its commitment to work with the Torres Strait on climate change, must now meet this moment of possibility and challenge.Ìý

Why is this so significant? 

Eight Torres Strait Islanders and six of their children lodged the complaint with the UN in 2019, saying climate change was damaging their way of life, culture and livelihoods.Ìý

It was the first time people from a low-lying island exposed to rising sea levels had taken action against a government.Ìý

The Torres Strait Islanders hailed from four islands - Boigu, Poruma, Warraber and Masig. In their complaint, they described how heavy rain and storms associated with climate change had devastated their homes and food crops. Rising seas had also flooded .Ìý

The evidence was backed by findings from the latest , which called for urgent action to protect the vulnerable region.Ìý

Significantly, deep Indigenous cultural and ecological knowledge, rather than Western climate science, proved key to this UN decision. This from broad international climate politics where Indigenous laws, cultures, knowledges and practices are often sidelined or underrepresented.Ìý

Major legal breakthrough for Indigenous rights 

The UN human rights committee found Australia had failed to protect Torres Strait Islanders against the impacts of climate change and violated their right to enjoy their culture, and to be free from arbitrary interference to privacy, family and home.Ìý

These rights respectively form Article 27 and 17 of the . The complaint also argued on grounds of Article 6, the right to life, but this was not upheld.Ìý

In its decision, the UN considered Torres Strait Islanders’ close connection to traditional lands and the central place of healthy ecosystems for the maintenance of cultural practices. Connection to healthy country across land and seas as well as to culture, and the ability to maintain these, were determined to be human rights.Ìý

The despite some action from Australia, such as new seawalls for the four islands by next year, additional measures were required to prevent potential loss of life.Ìý

Responding to the outcome, , one of the Group of Eight and a Traditional Owner of Masig said: 

I know that our ancestors are rejoicing knowing that Torres Strait Islander voices are being heard throughout the world through this landmark case […] This win gives us hope that we can protect our island homes, culture and traditions for our kids and future generations to come.Ìý

ClientEarth lawyer Sophie Marjanac, who acted for the claimants, said the outcome . Specifically, it’s the first time an international tribunal has found: 

  • a country has violated human rights law through inadequate climate policy 

  • a nation state is responsible for their greenhouse gas emissions under international human rights law 

  • peoples’ right to culture is at risk from climate impacts.Ìý

The decision comes just months before this year’s climate talks in Egypt, and will add weight to growing international demands for to be meaningfully included in international climate negotiations.Ìý

Among these are calls to include recognition of and compensation for kinds of loss and damage , such as health and wellbeing, ways of being, cultural sites and sacred places.Ìý

Kristen Lyons is a Professor of Environment and Development in the School of Social Science at the University of Queensland in Australia and an O'Brien Fellow at the Centre for Human Rights and Legal Pluralism. She is also a senior research fellow with the US based Oakland Institute.Ìý 

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