C.C.P.R., 21 July 2022, Daniel Billy and Others v Australia (Torres Strait Islanders Petition), Comm. no. 3624/2019

Between discomfort on how to address the future uninhabitability of certain territories and new avenues for climate justice

Abstract

When questioned by the Torres Strait Islanders, the United Nations Human Rights Committee finds that Australia’s failure to adopt timely adequate adaptation measures violated their right to home, private and family life, and their right to enjoy their minority culture, but did not violate their right to life. The Committee considers that Australia still has time to take measures to preserve the authors’ lives, including by relocating them, while the preservation of their home, private and family life, and the maintenance of their culture as a minority, cannot be conceived of anywhere but on their islands. The judgment sets the stage for a reflection on the protection of human rights in the face of the future uninhabitability of certain territories. Despite some limitations, most notably the large disregard for mitigation on the merits, the views offer additional arguments to peoples whose territories are being degraded, especially when they are indigenous and live on low-lying islands.