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Ten people affected by floods, bushfires, heatwaves and algal blooms have lodged a complaint with the UN human rights committee. The filing alleges that continued government support for coal and gas exports violates their rights under an international covenant.
mumbrella.com.auThe complaint argues that government approval of coal and gas projects for export has increased the frequency and intensity of the events that affected them. It cites the International Covenant on Civil and Political Rights as the legal basis for the claim.
The filing follows an advisory opinion from the International Court of Justice that states have an obligation to prevent climate-related harm. Australia supported a UN resolution endorsing that opinion last month.
Background of the complaint The ten individuals describe separate incidents.
One person remained in a Brisbane apartment without power or food for ten days during floods in February 2022. Another lost a home to bushfires on the New South Wales south coast on New Year’s Eve 2019. A third said a heatwave in Adelaide last summer worsened a medical condition, and a fourth reported that a toxic algal bloom linked to higher sea temperatures disrupted traditional coastal use.
The complaint is supported by the Human Rights Law Centre, Environmental Justice Australia and the US-based Earthjustice. It is described as the first such claim brought before an international body since the ICJ opinion.
Government position and next steps The government is expected to respond that it is expanding renewable energy, cutting domestic emissions and developing new export industries. Recommendations from the UN committee, if issued, would not be legally enforceable.
An emeritus professor at the University of Melbourne who previously served as a lead author for the Intergovernmental Panel on Climate Change stated that emissions from coal, oil and gas increase risks from bushfires, floods and heatwaves. Australian courts have not yet accepted a similar duty of care in domestic cases.
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