Daniel Billy and Others v Australia (Torres Strait Islanders Petition)

This case study details a petition filed by eight Torres Strait Islanders and six children against the Australian government to the United Nations Human Rights Committee, alleging that Australia's failure to address climate change violated their fundamental human rights under the International Covenant on Civil and Political Rights (ICCPR).

• A group of indigenous inhabitants from Boigu, Poruma, Warraber, and Masig islands alleged that climate change impacts, including tidal surges and heavy rainfall, harmed their livelihoods, culture, and traditional way of life. Specific impacts included the destruction of family graves, the degradation of land and trees, and the saltwater contamination of soil and coconut trees on Masig Island, which affected their traditional diet.
• The petitioners argued that the Australian government violated their rights under the International Covenant on Civil and Political Rights (ICCPR), specifically Article 27 (right to culture), Article 17 (right to be free from arbitrary interference with privacy, family and home), and Article 6 (right to life). They attributed these violations to inadequate greenhouse gas emission mitigation plans and insufficient funding for coastal defenses like seawalls.
• On September 23, 2022, the UN Human Rights Committee ruled that Australia violated the Islanders' rights to enjoy their culture and to be free from arbitrary interference with their private life, family, and home. The Committee noted that while new seawalls were expected to be completed by 2023, further measures were necessary to prevent a violation of the right to life.
• The UN Human Rights Committee ordered Australia to provide compensation to the indigenous Islanders for harm suffered, conduct meaningful consultations with the communities to determine their needs, and implement measures to ensure the communities' safe existence on their islands.

APA

Danjelle (2022). Daniel Billy and Others v Australia (Torres Strait Islanders Petition). Centre for Environmental Rights. https://cer.org.za/virtual-library/judgments/international-courts/daniel-billy-and-others-v-australia-torres-strait-islanders-petition

Chicago

Danjelle. Daniel Billy and Others v Australia (Torres Strait Islanders Petition). Centre for Environmental Rights, 2022. https://cer.org.za/virtual-library/judgments/international-courts/daniel-billy-and-others-v-australia-torres-strait-islanders-petition.

Wikipedia

{{cite report |last1=Danjelle |title=Daniel Billy and Others v Australia (Torres Strait Islanders Petition) |publisher=Centre for Environmental Rights |date=21 July 2022 |url=https://cer.org.za/virtual-library/judgments/international-courts/daniel-billy-and-others-v-australia-torres-strait-islanders-petition |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{danjelle2022daniel, author = {Danjelle}, title = {{Daniel Billy and Others v Australia (Torres Strait Islanders Petition)}}, institution = {Centre for Environmental Rights}, year = {2022}, month = jul, url = {https://cer.org.za/virtual-library/judgments/international-courts/daniel-billy-and-others-v-australia-torres-strait-islanders-petition}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }