New analysis finds Australia in breach of legal obligations on fossil fuel exports

new report from the Australian Human Rights Institute has found the Australian government is in breach of its obligations to protect human rights by failing to limit fossil fuel production for export.

Released today, State of denial: Australia’s legal obligations for human rights harms within Australia from its fossil fuel exports finds Australia’s coal and gas exports are worsening global warming and intensifying extreme weather events, increasing risks to human rights in Australia. 

The report warns Australians are already living with the consequences – from the Black Summer bushfires to the Lismore floods – which threaten people’s lives, homes, livelihoods and health. Yet Australia has no plan or policy to limit fossil fuel exports. Instead, the federal government continues to approve and subsidise new coal and gas projects, mostly for export.

Report lead author Gillian Moon said Australia was in breach of its binding legal obligations to protect people from climate-driven human rights harms. 

“Our legal analysis shows that States must use all means available to them to prevent significant climate damage,” Ms Moon said.

“Every tonne of coal and gas we export makes Australia’s climate more dangerous and Australians less safe. We have the resources and responsibility to phase out fossil fuels. Instead, by doubling down on exports, Australia is standing outside the law.” 

State of denial calls for urgent national action, including a moratorium on new fossil fuel projects; a due diligence assessment of Australia’s human rights law obligations; and a credible reform plan to phase out fossil fuel exports in line with Australia’s binding international law obligations. 

“Australia’s business-as-usual approach increases risks for people in Australia, exposing them to ever more devastating floods, fires and heatwaves,” said Nathan Kennedy, human rights lawyer and report co-author.

Ms Moon said a moratorium on fossil fuel projects and a phase-out plan for fossil fuel production would protect Australians from escalating harms and could catalyse global decarbonisation.