Daniel Billy et al v Australia (Torres Strait Islanders Petition): Climate change inaction as a human rights violation

Abstract

This case note analyses in detail the decision of the United Nations Human Rights Committee (HRComm) in Daniel Billy et al v Australia. The decision concerned a communication brought by members of an indigenous peoples' group from the Torres Strait Islands in the state of Queensland, Australia. The applicants claimed that their human rights had been violated as a result of the State's failure to take mitigation and adaptation measures to combat the effects of climate change. The HRComm's finding of a violation of the applicants' human rights deserves a closer look, as it has broader implications for future climate change-related human rights litigation. While the HRComm missed the opportunity to consider the State's human rights obligations concerning climate change mitigation, this decision represents an important milestone in climate change litigation, as it confirms a State's obligation to protect a community from adverse climate change effects and recognises the specific vulnerabilities of indigenous peoples and their cultures to its impacts.