By Harvey Crook
The issues of climate change and human rights are, by nature, universal issues. They impact every single human being on this planet. However, not as often as these issues are discussed, do we get to see how there is a clear intersection between the two. A recent UNHRC resolution has laid clear the case of how the effects of climate change represent a serious threat to several fundamental human rights.
This story originates from the Torres Strait Islands, a group of over 270 small islands lying in between the Australian mainland and the Melanesian Island of New Guinea, the majority of which make up part of the Australian state of Queensland. These islands are mostly inhabited by the indigenous Torres Strait Islanders, a group ethnically distinct from the rest of the Australian Aboriginal people. Unfortunately, it is the Torres Strait Islanders who now find themselves on the frontline in the global battle against climate change and its devastating consequences.
A joint complaint filed by a group of eight Australian nationals as well as six of their children, all of them indigenous inhabitants of the Torres Strait region, has revealed a substantial failure of the Australian government to protect the islanders’ from the negative effects of climate change, brought about by the continued use of fossil fuels. The islanders have brought attention to the rise in sea levels as well as rising sea temperatures across the region, which have caused both heavy flooding and erosion of the islands. This has led to severe damage of the local ecosystem, with saltwater seeping into the soil and killing off coconut trees, the fruit and water of which are an essential part of the islanders’ diets. On top of that, rising sea temperatures cause significant damage to the natural seabed and its coral reefs, bringing about a reduction of the nutritionally and culturally important species’ that inhabit them.
The effects that the burning of fossil fuels has on the environment, producing greenhouse gasses that can continue to effect sea levels for hundreds of years, is now common knowledge. But to fully understand the level of pain these environmental changes are inflicting on the native islanders; we have to look at their distinct ways of living which distinguishes them from citizens on the Australian mainland. The Torres Strait Islanders possess a deep connection to their lands, expressed through their reliance on the local ecosystem for sustenance as well as their maintenance of ancestral graveyards to pay respect to deceased relatives and perform cultural ceremonies. Many of these graveyards have been directly damaged by the flooding, even leaving human remains scattered across the surrounding area. It is clear to see then, that these adverse effects of climate change represent a direct threat to their culture and society, something which tears at the very roots of their history as a community that has been living off of these lands for generations.
Fortunately, the UNHRC has taken a step in the right direction in holding the Australian government accountable for their failure to adequately upgrade the Islands’ seawalls and reduce greenhouse gas emissions. The committee agreed that this neglect constitutes a failure to “protect the authors’ right to enjoy their minority culture” (Article 27 of International Covenant on Civil and Political Rights), as well as a lack of measures to protect home, private and family life (Article 17). However, the UNHRC stopped short of agreeing that the Australian government had violated the islanders’ rights to life (Article 6), something which is baffling when you consider the obvious threats to life posed by serious flooding and environmental degradation, both of which are consequences of greenhouse gas emissions. Research by the Australia Institute revealed that the country is still the third largest fossil fuel exporter, trumped by only Russia and Saudi Arabia. So there is still much room for improvement on behalf of the Australian government.
That being said, we can certainly take some hope from the action taken by the UN. The Torres Strait Islanders have succeeded in exercising their collective grievances, managing to successfully push for action on both a national and international level, as well as highlighting the link between environmental law and human rights. This case will certainly not be the last of its kind, especially if national governments are to continue to neglect the need to rapidly switch to more sustainable energy sources. If the future is to look any brighter, it is imperative that the international community further develop avenues for those groups most vulnerable to climate change to voice their concerns, as well as strengthening methods of holding states accountable for climate inaction.
While it is true that time is running out, hope is certainly not running out. But hope only accounts for something if it is backed up by action.
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