ClientEarth’s interpretation of fiduciary duty has never been applied, says Marjanac, but she is confident that will change. “Fiduciary duty is about prudent risk management. Human rights are about the inherent dignity of the individual. The crises of the modern world are the climate and biodiversity crises. is a matter of course.”
In that case Torres Strait Islanders Marjanac and ClientEarth turned to Article 27 of the Universal Declaration of Human Rights. It protects the right of individuals to participate in and enjoy culture.
Article 27 was originally intended to protect minority groups from post-World War II genocide and colonial mismanagement, but ClientEarth sought to adapt and extend that protection.
In September 2019, Marjanak submitted a petition to the United Nations Commission on Human Rights. The United Nations Commission on Human Rights is her 18-member body of legal experts that oversees treaty compliance and acts as a de facto court (although it has no executive powers, states generally follow its rulings). .
ClientEarth believes that the Australian Government’s failure to protect the fragile ecosystem of the Torres Strait has reinforced the Article 27 right to the culture of Islanders and their Article 17 right to freedom from interference with their privacy, family and home. claimed to be infringing. “We all have rights under international law to family, home and culture,” says Marjanak. “When I was there, even the kids said, ‘If I had to leave the island, I couldn’t leave my loved ones behind. I couldn’t leave my grandparents and great-grandparents behind.'”
The Australian government fought back. In August 2020, the Commission informed the Commission that climate change is affecting the human rights of islanders, and that Australia is not the main or sole cause of global warming, and that climate change is affecting its citizens. Denying influence and seeking dismissal of this lawsuit. It is not a legal liability under human rights law. Later that year, UN legal experts agreed with the islanders, but the Australian government said it had already done enough to combat climate change and its future impacts were too uncertain to act. He reiterated that it was uncertain about the future.
While awaiting the UN’s final decision, ClientEarth continued to put pressure on governments and organizations around the world. In July 2022, when the UK sweated in record temperatures, the High Court ruled that the government’s net-zero strategy violated climate change law and needed to be strengthened, giving the UK its favor. made a verdict. The charity has filed lawsuits in Poland against the government by farmers, business owners and parents for failing to reduce greenhouse gases. In France, a lawsuit looms over nine of the country’s largest food companies over plastic pollution in their companies.
Clarke and her team are helping the EU strengthen deforestation laws and advising China’s Supreme Court on how to green up the Belt and Road Initiative. “We really know we’re winning when all we need to say is ‘Don’t let me write another letter,'” she said. increase.
Finally, in September 2022 (three years after the initial allegations), the United Nations Commission on Human Rights agreed to ClientEarth’s new interpretation of human rights in the face of climate change. Australia violated the right to culture and the right to privacy, family and domestic freedom. The Commission urges the Australian Government to “compensate for the damage they have suffered, participate in meaningful consultations to assess their needs and take steps to ensure the safe existence of their communities. I asked.
Securing funding will take time, but the ruling means other low-lying regions will finally have legal recourse in their fight for survival, Marjanak said. It explicitly rejected Australia’s argument that individual countries cannot be held responsible for the impacts of climate change, and agreed that international environmental obligations are human rights issues.
It was evening on the Torres Strait when the news reached Yessie Mosby. “I cried tears of joy. I know my ancestors were happy,” he says. “I know it’s not the end, but I know it’s opened a lot of doors. I’m glad I didn’t become a refugee. No one on the planet will give their children their grandmother’s remains in a bucket.” You shouldn’t ask for it.”
This article originally appeared in the January/February 2023 issue of WIRED UK Magazine.
