Ten Australians, including a firefighter, First Nations leaders, and young people, have lodged a complaint with the UN Human Rights Committee, claiming the Australian government is failing to protect them from climate harms caused by the nation's coal and gas exports. The group argues that continued exports are inconsistent with limiting global warming to 1.5°C, as set out in the Paris Agreement. This is the first case of its kind to reach the UN since the International Court of Justice ruled that countries have a legal obligation to protect the climate and prevent harm. Australia supported a UN resolution backing that ruling last month.
The Case Against Australia's Fossil Fuel Exports
Australia is the world's second largest fossil fuel exporter, behind Russia, with total exports generating around 3.5% of global carbon emissions annually. State and federal governments continue to approve and subsidise new coal and gas projects, mostly for export, increasing global carbon emissions. According to the Intergovernmental Panel on Climate Change, every additional tonne of carbon adds to global warming. For instance, research indicates Woodside's Scarborough gas project in Western Australia could lead to 484 additional heat-related deaths in Europe alone and expose 516,000 people to unprecedented heat. Woodside has stated the project "is expected to be one of the lowest carbon intensity sources of LNG delivered into north Asian markets." Despite growing concern, authorities generally do not give much weight to export-related climate harms when approving fossil fuel projects.
Who Are the Claimants and What Do They Allege?
The ten claimants include First Nations leaders, people with disability, young people, and a firefighter. Each reports experiencing climate harms such as bushfires, extreme heat, flooding, rising sea levels, and algal blooms. First Nations claimants say extreme heatwaves have limited their ability to maintain cultural practices like controlled cultural burning, and floods have displaced them from traditional lands. The case is before the UN Human Rights Committee, which checks whether signatory nations uphold the International Covenant on Civil and Political Rights, a treaty Australia signed in 1972. If the committee finds a breach, it can make recommendations, which, while not legally binding, carry weight.
Three Main Claims
The claimants argue that Australia's continued support for fossil fuel exports is inconsistent with the Paris Agreement's 1.5°C goal. They make three main claims: the climate emergency has already harmed them and will worsen; Australia's fossil fuel exports have and will materially contribute to climate change; and by continuing production, Australia has breached its international law obligations to prevent significant and foreseeable climate harms. They also argue Australia violates multiple human rights, including the rights to life, privacy, family and home life, and culture.
Linking Human Rights and Fossil Fuel Exports
The claimants seek to establish a clear link between human rights and Australia's fossil fuel exports. They told the committee that climate harms like extreme heat, bushfires, floods, and sea-level rise directly threaten the right to life by increasing risks of serious injury or death. For First Nations communities, climate harms disrupt connection to Country and prevent sharing traditional knowledge, undermining the right to culture. This case follows last year's International Court of Justice Advisory Opinion, which found that a clean, healthy, and sustainable environment is necessary for human rights and that all states have a binding legal obligation to prevent significant climate harm.
Potential Outcomes and Implications
If successful, the Australian government could be held responsible for climate harms caused by its fossil fuel exports. The committee may recommend Australia phase out its fossil fuel exports, increasing domestic and international scrutiny of export industries. This case has the potential to shape future climate litigation and government policy, highlighting the intersection of human rights, climate change, and fossil fuel exports.
