13/12/2020

(AU) Torres Strait Islander Complaint Against Climate Change Inaction Wins Backing Of UN Legal Experts

ABC Pacific Beat - Marian Faa

Yessie Mosby says climate change is eroding beaches in the Torres Strait and leading to a fall in the number of spiritually important animals. (ABC Far North: Marian Faa)



Key Points
  • The UN Special Rapporteur on Human Rights and the Environment and his predecessor have filed a joint letter of support with the committee
  • The case could set a precedent for other communities vulnerable to climate change
  • A group from Vanuatu is also looking into taking legal action
A landmark human rights complaint against the Australian Government by Torres Strait Islanders suffering the effects of climate change has received the backing of two prominent United Nations legal experts.

The group, called the Torres Strait 8, lodged the landmark case with the UN's Human Rights Committee last year, accusing the Government of violating their human rights by not adequately reducing greenhouse emissions or helping them to adapt to changing conditions.

Earlier this year, the Australian Government told the United Nations it could not be singled out and held responsible, because climate change is a global problem.

Now UN Special Rapporteur on Human Rights and the Environment, Professor David Boyd, and his predecessor, Professor John Knox, have filed a joint amicus brief — or letter of support — for the Islanders with the Human Rights Committee.

"The claim essentially is that Australia has violated its human rights obligations by not doing more to protect Torres Strait Islanders from the harmful effects of climate change," Professor Knox said.
"And I support the claim, because I think that's correct. That is that they are right in making their argument."
He said the Torres Strait Islanders were among the most vulnerable to the effects of climate change because "they literally have nowhere to retreat to".

Yessie Mosby says he wants his six children to enjoy life as his ancestors did on Masig Island. (Supplied: Yessie Mosby)
Professor Knox said human rights arguments carried more moral weight and gravity than purely legal technical arguments based on environmental or other types of agreements.

He added that the case was likely to set a global precedent for other similarly vulnerable coastal communities affected by climate change.
"A human rights-based argument can be made against virtually every country in the world," he said.
"Now, I'm not suggesting that they're all in exactly the same situation.

"Some countries are doing much more to address climate change than others.

"But the point is that all countries have obligations to do what they can to protect their people from environmental harm, generally, but certainly including harm caused by the climate crisis."

'Our voices started to cry out for help'
Traditional owner Yessie Mosby says his community can't wait any longer for the Australian Government to act on climate change. (Supplied: Yessie Mosby)
The Islanders say their rights to culture and life have been compromised.

One of the Torres Strait 8, Yessie Mosby, told the ABC climate change was already eroding beaches in the Torres Strait and leading to fall in the number of spiritually important animals.

Mr Mosby said the bones of his ancestors had started washing away from sacred burial sites on the Torres Strait's Masig Island.
"We've lost [a] few families to the sea," Mr Mosby said.
"We started to see changes, how the erosion started to affect much more. And great concern came and our voices started to cry out for help."

Other Pacific Islanders taking legal action

It's not just Torres Strait Islanders who are making the link between climate change and human rights.

Willie Missack, from the Vanuatu Climate Action Network, said changing weather patterns were affecting the production of yam crops on Vanuatu's Tanna Island, where his father is from.

When he went to the island in April he found their were no yams ready in time for the annual yam ceremony.
"So it confuses all the cultural ceremony around yam and this is one of the identity of the communities," he said.
"And also the food for the community."

Mr Missack said his group was seeking an advisory opinion from the International Court of Justice on whether communities like his could seek compensation from other countries and large companies for climate change-related losses.

"If the International Court of Justice give his advisory opinion on that, that will allow us to go beyond even the country to [other] jurisdictions," he said.

And he is looking to cases like the Torres Strait, saying Pacific communities need to work together to have their voices heard.

Doing it for future generations of 'saltwater people'

Torres Strait Islanders behind a landmark human rights claim say they're fighting to save their homes for future generations. (Supplied: Facebook)

Mr Mosby said the Torres Strait 8 were mounting the legal case so that future generations of Torres Strait Islanders would be able to maintain their cultural way of life and traditions.

"And if we do, and when we do, I will feel blessed and happy to see if all the small islands will come up and stand and fight for justice for their life and for their own," he said.

"And I know and I feel that the world needs to know about us, the saltwater people."

The UN Human Rights Committee will review submissions from both sides before it reaches a decision, which is expected before the end of next year.

The Australian Government said it was confident its climate change policies were consistent with its international human rights obligations.

It is now considering the brief by Professor Knox and Professor Boyd and other submissions to the complaint.

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