Briefing: Human Rights Committee upholds climate change complaint by Torres Strait Islanders

This briefing note sets out the implications of the UN’s Human Rights Committee decision in Daniel Billy et al v Australia for government and policy makers, as well as climate lawyers and litigators. The decision marked the first time that an international legal body has found that countries (states) are responsible for climate change impacts under human rights law.

The finding that Australia must provide the Torres Strait Islanders adequate compensation, secure their communities’ continued safe existence on their islands, and take “steps to prevent similar violations in future” is pathbreaking and sets a precedent for cases against other high-emitting states for climate-related ‘loss and damage’.

All countries must take adequate and timely positive steps to prevent harm to the homes and wellbeing of all citizens threatened by climate risks such as flooding, sea level rise and wildfires. In doing so, they must protect Indigenous populations from losing their culture and way of life due to climate change impacts.