UN: Australian climate change stance violates Torres Strait rights

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The United Nations Human Rights Committee has found Australia violated the rights of Torres Strait Islanders by failing to protect them against climate change.

The Committee found in favour of eight Torres Strait residents and six of their children who had filed a joint complaint.

They are all Indigenous inhabitants of Boigu, Poruma, Warraber, and Masig, four small, low-lying islands.

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The group said their rights had been violated because Australia failed to adapt to climate change through measures such as reducing greenhouse gas emissions or upgrading seawalls.

The complainants said changes in weather patterns have direct harmful consequences on their livelihood, their culture and traditional way of life.

They said flooding caused by tidal surges in recent years has destroyed family graves and left human remains scattered across their islands.

UN Committee member, Hélène Tigroudja, said the decision sets an important precedent.

“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,” she said.

In the Torres Strait, Masig Island Traditional Owner, Yessie Mosby, said there had been signs good news was imminent.

“This morning when I woke up on Masig, I saw that the sky was full of frigate birds,” he said.

“In my culture, we take this as a sign from my ancestors that we would be hearing good news very soon about this case.

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“Climate change affects our way of life every day.

“This win gives us hope that we can protect our island homes, culture, and traditions for our kids and future generations to come.”

Fellow claimant, Kabay Tamu, said he feels a great sense of relief.

“I’m lost for words. I feel like a huge weight has lifted off my shoulders,” he said.

“I’m so proud and appreciative of everyone involved from the very start to now. This has given us Torres Strait Islanders more solid ground to stand on now.”

 Claimant, Nazareth Fauid, said this is a happy moment.

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"Our stories are echoing across the world,” he said.

“This is about protecting our culture and identity. Our people living in the low-lying islands have been struggling and suffering because of climate change and the decisions of others.”

Lawyer, Sophie Marjanac, who acted for the claimants, said they’ve had a historic victory.

“This case opens the door for further legal actions and compensation claims by other climate-affected people and will give hope to those fighting for loss and damage at this year’s international climate talks in Egypt,” she said.

“The Australian Government must act on this decision and take decisive steps to protect the islands of the Torres Strait and their Ailan Kastom (island customs).”