This is the first case of its kind since the International Court of Justice affirmed that governments have a legal duty to prevent climate harm

Jack Egan from Rosedale is among ten Australians who have filed a case with the United Nations Human Rights Committee arguing the Australian government is violating their human rights by failing to limit coal and gas exports — by far Australia’s largest contribution to climate change. The 10 claimants are represented by the Human Rights Law Centre, Environmental Justice Australia, and Earthjustice.

This is the first case filed in an international body against a country for climate harm since the International Court of Justice, the United Nations’ judicial arm, affirmed that all governments have a legal obligation to prevent significant harm to the climate. In May, Australia joined 140 other countries in passing a major United Nations resolution supporting this landmark legal ruling on climate change.

“All governments have a legal duty to act on the climate crisis, as affirmed by the International Court of Justice last year. The Australian government is failing that responsibility by allowing unchecked exports of coal and gas,” said Ramin Pejan, Deputy Managing Attorney of the International Program at Earthjustice. “This case sends a clear message: governments must act to reduce climate pollution from coal and gas and protect their people from harm.”

Each of the claimants has been seriously harmed by extreme weather events, from catastrophic bushfires and heatwaves to sea level rise and flooding. Their claim asks the UN Human Rights Committee to declare that it is unlawful for Australia to continue approving coal and gas projects for export without a plan to keep Australians safe from dangerous climate change.

“Climate change is affecting not only our country, but our ability to pass on knowledge, care for sacred places and keep our culture strong for future generations,” said Rikki Dank, a Gudanji and Wakaya Traditional Owner from the Barkly Tablelands in the Northern Territory.

“Australia continues to play a significant role in the climate crisis through the coal and gas it exports, while communities like mine are left to deal with the consequences. I believe there must be accountability for the harms already occurring and for those that will continue if meaningful action is not taken.”

“Australia is one of the largest exporters of coal and gas in the world,” said Hannah White, Senior Lawyer, Environmental Justice Australia. “Climate harm caused by Australia’s coal and gas doesn’t stop at a border, and neither does Australia’s responsibility for it.”

“Everyone deserves to live safely with their families and communities, free from fear of climate disasters,” said Jack McLean, Senior Lawyer, Human Rights Law Centre. “The Australian government must phase out coal and gas and protect people’s rights to life, home, and culture.”

Mr Egan said “I’m part of this case because I know firsthand what climate change can take from people. During the Black Summer bushfires, Cath and I lost our home, almost all our possessions and, for several terrifying hours, I believed I might lose my partner too.

What happened to us was not simply bad luck. It was part of a worsening climate crisis driven by decades of delay and inaction despite clear scientific warnings.

The rule of law matters deeply to me. I believe courts have an important role to play in protecting ordinary people from the harm caused by powerful fossil fuel corporations and governments that continue expanding coal and gas projects.

I joined this case because I want decision-makers to understand the real human consequences of climate inaction and their responsibility to prevent foreseeable harm. I also hope this case helps build momentum for stronger legal protections for current and future generations, building on the growing recognition under international law that governments have obligations to protect people from climate harm.“

To learn more about this case and the stories of the 10 Australian claimants, please visit hardtruthscase.org.au.