‘We will never forgive you’: youth is not wasted on the young who fight for climate justice



Swedish activist Greta Thunberg joins other children from across the world to present an official human rights complaint on the climate crisis.
Michael Nagle/EPA

Danilo Ignacio de Urzedo, University of Sydney

Last week’s United Nations climate summit may go down in history – but not for the reasons intended. It was not the tipping point for action on global warming that organisers hoped it would be. It will instead probably be remembered for the powerful address by Swedish teen activist Greta Thunberg, who castigated world leaders on behalf of the generation set to bear the brunt of inaction.

Young people are not sitting back and waiting for older generations to act on the climate crisis. Days before the summit, school students led a climate strike attended by millions around the world. And at the first ever UN youth climate summit, more than 500 young people from 60 countries, including myself, explored how to meet the commitments of the Paris Agreement.

This group of activists, innovators, entrepreneurs, and change-makers aged between 18 and 30 showcased potential solutions and put global political leaders on notice: they must fight off the climate crisis at the scale and pace required.

A young boy takes part in the global climate strike on September 20 at Parliament Square in London.
Neil Hall/EPA

Youth voices matter

Youth aged 15 to 24 years represent 16% of the world population and will reach 1.3 billion people by 2030. Obviously the action (or otherwise) of today’s decision makers on climate change and other environmental threats will affect generations to come – a principle known as intergenerational equity.

Millions of young people around the world are already affected by climate change. Speaking at the youth summit, Fijian climate action advocate Komal Kumar said her nation was at the frontline of a crisis and worldwide, young people were “living in constant fear and climate anxiety … fearing the future”.




Read more:
Highly touted UN climate summit failed to deliver – and Scott Morrison failed to show up


“Stop hindering the work [towards a sustainable future] for short term profits. Engage young people in the design of adaptation plans,” she said. “We will hold you accountable. And if you do not remember, we will mobilise to vote you out.”

UN Secretary-General António Guterres attended the event and his deputy Amina Mohammed took part in a “town hall” with the attendees, alongside senior representatives from government and civil society.

Young people are not sitting idly by

Technological solutions presented by youth summit participants included 3D printing using plastic waste, data storage in plant DNA, a weather app for farmers and an accountability platform for sustainable fashion.

Participants learnt how to amplify their voices using Instagram and how to create engaging videos with their mobile phones. An art workshop taught youth how creativity can help solve the climate emergency, and a networking session showed ways that youth leaders to stay connected and support each other.

Greta Thunberg, second from right, speaks as United Nations Secretary-General Antonio Guterres and young climate activists listen at the start of the United Nations Youth Climate Summit.
Justin Lane/EPA

Elsewhere, you don’t have to look far to see examples of young climate warriors, including in the developing world.

Programs funded by the UN development program include in Kazakhstan where youth are helping implement an energy efficiency project in schools, and in Namibia where young people are being trained as tour guides in national parks and nature reserves. In Nepal, young people cultivate wild Himalayan cherry trees as a natural solution to land degradation.

Harness the power of nature

Kenyan environmental activist Wanjuhi Njoroge told the youth summit of her nation’s progress in restoring the country’s forest cover.

Nature-based solutions to the climate crisis – such as conserving and restoring forests, grasslands and wetlands – were a key focus at the summit. Efforts to meet the Paris climate goals often focus on cutting fossil fuel use. But nature has a huge ability to store carbon as plants grow. Avoiding deforestation keeps this carbon from entering the atmosphere.

Thunberg and British writer George Monbiot released a film ahead on the New York summit calling on world leaders protect, restore and fund natural climate solutions.

A film by Greta Thunberg and George Monbiot calling for more nature-based climate change solutions.

To date, such solutions have received little by way of investments and funding support. For example in 2015, agriculture, forestry and land-use received just 3% of global climate change finance.

Appearing at the youth summit, the global Youth4Nature network told how it mobilises young people to advocate for nature-based solutions. Their strategy has included collecting and sharing youth stories in natural resources management in more than 35 countries.

Youth ‘will be watching’ their leaders

When it comes to climate change, young people have specific demands that must be acknowledged – and offer solutions that other generations cannot.

But globally there is a lack of youth representation in politics, and by extension, they are largely absent from climate change decision-making.




Read more:
The rise of ‘eco-anxiety’: climate change affects our mental health, too


Some youth summit participants reportedly questioned whether it achieved its aims – including the value of some workshops, why celebrities were involved and whether anything tangible was produced.

A young girl attends the the global climate strike in Brisbane.
Dan Peled/AAP

Certainly, there was little evidence that world leaders at the climate summit were listening to the demands of young people. This was reflected in the failure of the world’s biggest-polluting countries to offer credible emissions reduction commitments.

But the youth summit went some way to granting young people space and visibility in the formal decision-making process.

Pressure from young people for climate action will not subside. Thunberg said it best when she warned world leaders that youth “will be watching you”.

“The eyes of all future generations are upon you,” she said. “If you choose to fail us, I say we will never forgive you”.The Conversation

Danilo Ignacio de Urzedo, PhD candidate, University of Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Torres Strait Islanders ask UN to hold Australia to account on climate ‘human rights abuses’


Kristen Lyons, The University of Queensland

Climate change threatens Australia in many different ways, and can devastate rural and urban communities alike. For Torres Strait Islanders, it’s a crisis that’s washing away their homes, infrastructure and even cemeteries.

The failure to take action on this crisis has led a group of Torres Strait Islanders to lodge a climate change case with the United Nations Human Rights Committee against the Australian federal government.

It’s the first time the Australian government has been taken to the UN for their failure to take action on climate change. And its the first time people living on a low lying island have taken action against any government.

This case – and other parallel cases – demonstrate that climate change is “fundamentally a human rights issue”, with First Nations most vulnerable to the brunt of a changing climate.

The group of Torres Strait Islanders lodging this appeal argue that the Australian government has failed to take adequate action on climate change. They allege that the re-elected Coalition government has not only steered Australia off track in meeting globally agreed emissions reductions, but has set us on course for climate catastrophe.

In doing so, Torres Strait Islanders argue that the government has failed to uphold human rights obligations and violated their rights to culture, family and life.

This case is a show of defiance in the face of Australia’s years of political inertia and turmoil over climate change.

It is the first time people living on a low-lying island – acutely vulnerable in the face of rising sea levels – have brought action against a government. But it may also be a sign of things to come, as more small island nations face impending climate change threats.

Breaching multiple human rights obligations

Driving this case is an alliance of eight Torres Strait Islanders, represented by the Torres Strait land and sea council, Gur A Baradharaw Kod, along with a legal team from ClientEarth and 350.org. They argue that their way of life has come under immediate and irreversible threat.

On this basis, they accuse the Australian government of breaching multiple articles of the UN Human Rights Declaration, including the right to culture, the right to be free from arbitrary interference with privacy, family and home, and the right to life.

In the early 1990s, the Torres Strait Islands were at the centre of struggles to secure Aboriginal and Torres Strait Islander land rights in Australia.

Securing these rights were made possible through the historic Mabo Decision, and these rights remain central to land and human rights debates today as Torres Strait Islanders’ land and seas are threatened by climate change.

Torres Straight Islanders are on the frontlines

Some Torres Strait Islands are less than one metre above sea level and are already affected by climate change.

Rising tides have delivered devastating effects for local communities, including flooding homes, land and cultural sites, with dire flooding in 2018 breaking a sea wall built to protect local communities.

Thursday Island in the Torres Strait. The ancestral lands of these islands are being washed away by sea level rise from climate change.
Shutterstock

Increasing sea temperatures have also affected marine environments, driving coral bleaching and ocean acidification, and disrupting habitat for dugong, salt water crocodiles, and multiple species of turtle.

In the same way settler colonial violence dispossessed First Nations people from their ancestral homelands, climate change presents a real threat of further forced removal of people from their land and seas, alongside destruction of places where deep cultural and spiritual meaning is derived.

Parallel threats across the Pacific

While the Torres Strait appeal to the UN is groundbreaking, the challenges facing Torres Strait Islanders are not unique.

Delegates at the Pacific Islands Forum in Fiji last week described climate change as the “single greatest threat” to the region, with sea level rise occurring up to four times the global average in some countries in the Pacific.

Climate change is already causing migration across parts of the Pacific, including relocation of families from the Carteret Islands to Bougainville with support from local grassroots organisation Tulele Peisa.

The Alliance of Small Island States, an intergovernmental organisation, has demanded that signatories to the Paris Agreement, including through the Green Climate Fund, recognise fundamental loss and damages communities are facing, and compensate those affected.

The growing wave of climate litigation

Across the Torres Strait, the Pacific, and other regions on the frontline of climate change, there are a diversity of responses in defence of land and seas. These are often grounded in local and Indigenous knowledge.

They show the resolve of First Nations and local communities, as captured in a message from the Pacific Climate Warriors:

We are not drowning. We are fighting.

There are parallel appeals to the Torres Strait Islanders’ case. Around the world, First Nations people are calling on the UN to hold national governments to account on human rights obligations, including in the context of mining and other developments that drive greenhouse gas emissions.

In Australia, Wangan and Jagalingou Traditional Owners have submitted multiple appeals, including last year alleging government violations of six international human rights obligations in their effort to advance Adani’s proposed Carmichael mine.

There is an array of other climate litigation underway. This includes citizens suing their governments for failing to take action on climate, such as in the Netherlands, where a judge ordered the government to take hefty action to reduce national emissions.

Similarly, a group of 21 children in the United States are pursuing a lawsuit to demand the right to a safe climate.

Given the parlous state of climate politics in Australia, further litigation can be expected. The significance of the current appeal by a group of Torres Strait Islanders lies in its potential to lay bare the adequacy or otherwise of Australia’s response to climate change as a human rights issue.

First Nations people already have a moral authority in defending their human rights in the era of climate change. Over time, they and others, including children, will also test the grounds on which they might have the legal authority to do so.The Conversation

Kristen Lyons, Professor Environment and Development Sociology, The University of Queensland

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Should Australia recognise the human right to a healthy environment?



File 20180221 5544 1p3iafb.jpg?ixlib=rb 1.1
Australia is one of very few countries that does not recognise the right to a healthy environment.
Jordan Davis, Author provided

Meg Good, University of Tasmania

Australia is one of only 15 nations (a list that also includes Canada and the United States) that does not recognise the human right to a healthy environment at the federal level.

Last year, the Australian Panel of Experts on Environmental Law recommended that environmental democracy in Australia “must have as a foundation, respect for fundamental human rights and, in particular, an enforceable right to a clean and healthy environment”.




Read more:
Is a healthy environment a human right? Testing the idea in Appalachia


Suggestions have also been made by various academics and environmental protection organisations to recognise the right in existing and proposed state human rights charters, including the soon-to-be-developed Queensland Human Rights Act.

So should Australia heed these calls and recognise the right? The global experience with environmental rights recognition suggests that it could be beneficial.

Environmental protection

In 2012, Canadian environmental lawyer David Boyd published The Environmental Rights Revolution, an analysis of the dozens of nations which have already recognised the human right to a healthy environment in their constitutions.

Although there is no internationally accepted definition of the right, Boyd cites the Stockholm Declaration as its first formal recognition:

Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.

His research found that across Latin America, Europe and Asia, the right to a healthy environment has helped to strengthen existing environmental protection laws and policies and encouraged the introduction of new stronger legislation. Significantly, it has also prevented governments from “rolling back” effective laws created by their predecessors.

Lawsuits utilising the right have been successful in achieving better protection for the environment, safeguarding crucial natural resources for current and future generations.

Whether Australia would enjoy similar benefits would significantly depend on the expression of the right and the form of legal recognition adopted.




Read more:
The government vs the environment: lawfare in Australia


In Latvia, the right is expressed as a right to live in a “benevolent environment”, whereas in Brazil citizens are granted a right to an “ecologically balanced environment”. Exactly how the right would be expressed in Australia would be a question for parliament.

It’s highly unlikely the Australian Constitution would be changed to incorporate the right (since 1906, constitutional reform has succeeded only eight times), so it’s probable that Australia would recognise the right through legislation.

Although Australia has so far resisted introducing comprehensive national human rights legislation, the right could be recognised within a statutory bill of human rights based on the “dialogue model”.

The dialogue model of recognition

Recommended by the National Human Rights Consultation Committee, the dialogue model involves all three arms of government engaging in a “dialogue” about human rights protection. It requires public authorities to act in line with protected rights, and courts to (if possible) interpret legislation in a compatible manner.

However, one of the most powerful consequences of recognising the right within this model is that all future legislation would be scrutinised for consistency with the right.

Australia already has a Parliamentary Joint Committee on Human Rights, which examines the compatibility of proposed legislation with specified international human rights standards. Presumably, if the right was recognised in a federal bill of rights, the Committee’s mandate would alter to include consideration of all rights recognised under the legislation.

At present, the Committee is not required to consider the compatibility of proposed legislation with the human right to a healthy environment.

This was highlighted in 2016, when the federal government controversially proposed amending the nation’s key environmental protection legislation to limit standing for environmental protection groups to challenge decisions made under the Act.

Due to the Minister stating that there is “no standalone right to a healthy environment”, the Committee only considered the legislation’s impact on environmental protection indirectly through consideration of its impact on the right to health (which includes the “underlying determinants of health”, such as a healthy environment).




Read more:
Turnbull wants to change Australia’s environment act – here’s what we stand to lose


Ideally, the Committee would be empowered to consider the impacts of proposed legislation on the right to a healthy environment directly. This scrutiny process would help to ensure that proposals which jeopardise the government’s ability to protect, respect and fulfil the right could be identified and challenged before they pass into law.

A limited but useful tool

Under the dialogue model, the parliament retains the final say, meaning it would still be possible for the legislature to pass legislation manifestly incompatible with the right. The “safety net” of protection offered by this form of recognition would not suffice to address all potential and actual breaches of the right, or even guarantee its fulfilment.




Read more:
We quibble over ‘lawfare’, but the law is not protecting species properly anyway


However, it would ensure that the right enters the legal and policy discourse around natural resources management and sustainable development.

In a time of unprecedented climate change, the right invites another way of thinking about our relationship with the natural world, and offers a useful tool for improving environmental protection in Australia.


The ConversationThis article is based on the author’s 2016 PhD thesis which proposed legal recognition of the human right to a healthy environment in Australia under a statutory bill of rights.

Meg Good, Adjunct Lecturer, Faculty of Law, University of Tasmania

This article was originally published on The Conversation. Read the original article.