The Impacts Of Climate Change On Indigenous Peoples: In Violation Of The Right To Life?

Abstract

This paper looks at the impacts of climate change on indigenous peoples and whether States’ inadequate adaptation and/or mitigation measures may constitute a violation of indigenous peoples’ right to life under article 6 of the International Covenant on Civil and Political Rights. In light of the severe impacts climate change is already having globally, the paper argues that climate change is a pressing human rights, as well as an environmental issue. Moreover, climate change is disproportionately affecting indigenous peoples. Having established the international legal framework for climate change, human rights, and the rights of indigenous peoples, the paper looks at related trends in climate litigation. It focusses in particular on the recent Human Rights Committee decision of Daniel Billy and Ors v Australia, including dissenting opinions from the Committee on the right to life. Lastly, the paper analyses the implications of Billy, including pathways for future litigation by indigenous peoples based on violations of the right to life, and the range of available remedies. It also examines recent developments in climate change-related remedies including the outcomes of COP27 in Egypt and Vanuatu’s ambitions for an advisory opinion on climate change from the International Court of Justice. The paper suggests that Billy and these recent developments demonstrate increasing possibilities for redress for indigenous peoples.