Introduction by Croakey: Indigenous peoples have been taking a leading role, globally and in Australia, in climate litigation as a strategic platform for policy and governance reform, as Croakey has previously reported.
Now they are being joined by non-Indigenous Australians in a landmark case brought by ten people to the United Nations Human Rights Committee claiming the Federal Government is violating their human rights by continuing to support coal and gas companies to fuel climate harms, from bushfires to extreme heat.
The Human Rights Law Centre, which along with Environmental Justice Australia and Earthjustice is representing the group, laid out the motivations of the claimants in a statement this week, as summarised below.
Professor Anne Poelina, Nyikina Warrwa and Warlungurru woman and Chair of the Martuwarra Fitzroy River Council in Western Australia has spent her life advocating for Country and living waters. In the Kimberley, devastating floods and extreme heat are affecting Country, cultural knowledge and the Martuwarra Fitzroy River system.
Rikki Dank. On the Barkly Tablelands in the NT, extreme heat is making her Country, as a Gudanji and Wakaya woman, harder to live on and disrupting cultural knowledge passed down through generations.
Dr Barry Traill, wildlife ecologist, volunteer firefighter and conservationist from the Sunshine Coast has watched bushfires become more severe and deadly every decade. He has seen fires claim the lives of friends, and experiences ongoing trauma.
Melissa Fisher, disability and antipoverty advocate from Adelaide, reports that during heatwaves, even the tap water runs warm in her poorly insulated public housing unit, making her chronic illnesses hard to bear.
Brendon Donohue is blind and was trapped alone in his apartment for 10 days after the Brisbane floods shut down the lifts and power. There was no evacuation plan and no safe way out.
Jack Egan stayed to defend his home on the NSW South Coast, as the Black Summer fires tore through his community, burning his house to the ground.
Latisha Francis, a Narungga, Ngarrindjeri and Kaurna woman and marine science student, is fighting toxic algal blooms, which are disconnecting her and her family from Sea Country and waterways.
Sama Youhana lives beside the Brisbane River, and wakes through the night during storms to check whether floodwaters will rise into her family’s home again.
Pam Francis, a Narungga, Ngarrindjeri and Kaurna woman, teaches young Aboriginal children about language, Culture and Country, while fighting to protect Sea Country and waterways from toxic algal blooms.
Cat: As temperatures rise in rural South Australia, Cat’s chronic illnesses leave her in “survival mode”, while worsening bushfire risk leaves her unsure she can escape in time.
In the article below, originally published at The Conversation, UNSW academics Maria Nawaz and Gillian Moon outline the case and its potential ramifications.
Maria Nawaz and Gillian Moon write:
Ten Australians – including a firefighter, First Nations leaders and young people – are bringing their concerns about the nation’s coal and gas exports to the United Nations.
On Tuesday, the group lodged a complaint with the UN Human Rights Committee, claiming the Australian Government is failing to protect them from climate harms.
They argue Australia’s continued exports are inconsistent with limiting global warming to 1.5°C, as set out in the Paris Agreement.
This case spotlights Australia’s role as a major fossil fuel exporter. And it’s the first case of its kind to go to the UN since the world’s highest court – the International Court of Justice – ruled countries have a legal obligation to protect the climate and prevent harm to the climate.
Last month, Australia supported a UN resolution backing the Court’s ruling.
So what is this case about? And why does it matter?
Australia is the world’s second largest fossil fuel exporter, behind Russia. Our total fossil fuel exports generate around 3.5 percent of global carbon emissions annually.
Australia’s state and federal governments are continuing to approve and subsidise new coal and gas projects, most of which are for export. However, every approval increases global carbon emissions.
According to the Intergovernmental Panel on Climate Change, every additional tonne of carbon emitted adds to global warming. For example, research shows Woodside’s Scarborough gas project in Western Australia could lead to 484 additional heat-related deaths in Europe alone, and may expose 516,000 people to unprecedented heat.
Woodside has said the project “is expected to be one of the lowest carbon intensity sources of LNG delivered into north Asian markets”.
Despite growing concern about fossil fuel exports and emissions, authorities generally don’t give much weight to export-related climate harms when deciding to approve or reject fossil fuel projects.
The case
The current case involves ten people making a claim against the Government. These include First Nations leaders, people with disability, young people and a firefighter.
Each person says they have experienced climate harms, ranging from bushfires and extreme heat to flooding, rising sea levels and algal blooms.
The First Nations claimants say extreme heatwaves have limited their ability to maintain certain cultural practices, such as engaging in controlled cultural burning. Floods have also displaced them from their traditional lands.
The case is now before the UN Human Rights Committee. This committee is made up of 18 independent human rights experts and checks whether signatory nations are upholding the terms of the International Covenant on Civil and Political Rights. This is a key human rights treaty that Australia signed in 1972.
If this committee finds that Australia has breached the terms of this treaty, it can make recommendations to ensure Australia meets its obligations. While these recommendations are not legally binding, they carry weight.
The claimants have told the UN that Australia’s continued support for fossil fuel exports is inconsistent with limiting global warming to 1.5°C, as set out in the Paris Agreement.
They are making three main claims to support this:
- the climate emergency has already harmed the claimants, and these harms will get worse in the future
- Australia’s fossil fuel exports have and will materially contribute to climate change
- by continuing to produce fossil fuels for export, Australia has breached its obligations under international law to prevent significant and foreseeable climate harms.
The claimants will also argue Australia’s actions breach multiple human rights obligations. These include failing to respect and protect Australians’ rights to life, privacy, family and home life, and culture.
Historic
In this historic case, the claimants want to establish a clear link between human rights and Australia’s fossil fuel exports.
They have told the committee that climate harms such as extreme heat, bushfires, floods, and sea-level rise directly threaten the right to life by increasing the risk of serious injury or death.
For First Nations communities, climate harms also disrupt connection to Country and prevent communities from sharing traditional knowledge on Country, undermining the right to culture.
This case is unfolding in the wake of last year’s International Court of Justice Advisory Opinion. The court found that a clean, healthy and sustainable environment is needed to enjoy human rights. The court also recognised all states have a binding legal obligation to prevent significant harm to the climate.
If this case is successful, the Australian government could be held responsible for climate harms caused to Australians by its fossil fuel exports.
The committee may also recommend Australia phase out its fossil fuel exports. This would expose Australia’s export industries to increased domestic and international scrutiny.
This case has the potential to shape future climate litigation, as well as government policy.
Author details
is Project Lead, Australian Climate Accountability Project at the UNSW Australian Human Rights Institute
is a Senior Visiting Fellow and Research Lead, UNSW Law & Justice
See Croakey’s archive of articles on fossil fuels and health
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