Breaching human rights: Australia, climate change and the Torres Strait Islands

Yessie Mosby, one of the claimants from the Torres Strait Islander applicants, left few in doubt about the findings. "I am over the moon. I thank heavenly father, I thank my ancestors and I thank all the people who fought and helped us in this case."

Mosby was prompted to make the application to the Committee after finding what he claims to have been his great-grandmother's remains disturbed by rising seas. "We were picking her up like shells off the beach," he claimed. "That drove me to stand and fight for our future generations."

The significance of this decision lies in developing an alternative avenue for complainants in the field of environmental law and human rights. According to Committee member Hélène Tigroudja, the finding "marks a significant development as the Committee has created a pathway for individuals to assert claims where national systems have failed to take appropriate measures to protect those most vulnerable to the negative impacts of climate change on the enjoyment of their human rights." While such decisions are non-binding on governments, they do have a degree of persuasive heft.

The previous Coalition Prime Minister, Scott Morrison, made a point of ridiculing efforts to cap emissions and rein in the rapacity of the fossil fuel industry. The man who will forever be associated with brandishing a lump of coal in parliament had little time for the plight of Pacific Island states or First Nations people facing the worst effects of climate catastrophe. The residents from Boigu, Masig, Warraber and Poruma will be anticipating a rather different response from the Labor government of Anthony Albanese.