Vishwa Shah and Rayana Ajam
As the climate crisis escalates, the reality of climate displacement is no longer a distant concern. Rising sea levels, stronger storms and the erosion of land are forcing communities both within Australia and across the Pacific to fight for their most basic rights. The climate crisis poses a serious threat to fundamental human rights, including the right to life, adequate housing, food, safe water, enjoyment of land and the right to culture if communities are displaced from Country.
While Australia ceded its bid to co-host COP31 in 2026 to Türkiye, the need for a strengthened human rights protection framework has become more urgent than ever.
What is COP?
COP is an acronym for Conference of the Parties, which is an annual formal meeting of the United Nations Framework Convention on Climate Change (UNFCCC) where parties collaborate to develop standard rules and explain their progress regarding Climate Change targets, in particular lowering emissions to match agreed targets.
According to the Department of Climate Change, Energy, the Environment and Water, Australia has a leading role in the Pacific to ‘amplify the voices, perspectives and solutions’ of its First Nations People and Pacific communities. Its bid to co-host COP31 in partnership with the Pacific would have represented one of the ‘largest and most significant diplomatic events’ in its history. Around 190 countries are expected to attend climate meetings over the two-week period, bringing more than 30,000 people into dialogue.
A COP31 in this region would have put a spotlight on Australia’s ambition (or lack thereof) in relation to fossil fuel exports and continued approval of fossil fuel projects, and how this has affected relations with the Pacific. It would also have increased scrutiny of Australia’s human rights record and international law obligations, particularly in light of the recent International Court of Justice Advisory Opinion on the Obligation of States in respect of Climate Change. This opinion, which explicitly confirms that states do have obligations to take concrete action to reduce emissions and ensure ‘a clean, healthy and stable environment’ for all, challenges Australia’s current climate status quo..
Climate displacement in the Pacific and Australia’s current response
The World Bank estimates that by 2050, 49 million people in East Asia and the Pacific will be forced from their homes due to the climate crisis. In 2023, the Pacific recorded the highest displacements from natural disasters, with Vanuatu alone accounting for 69,000 displaced people. By 2035, Kiribati may become uninhabitable due to a rise in sea levels, while other Small Island states face disproportionate impacts from extreme weather events, illustrating climate-induced displacement as an already pressing reality.
On Australia’s shores, Torres Strait Islander leaders brought forth a landmark case, arguing the government breached its duty of care to protect the Torres Strait Islands from the devastating effects of the climate crisis. The plaintiffs, Uncle Pabai and Uncle Paul, were ultimately unsuccessful, as the Federal Court did not recognise such a duty of care. As of 11 November, Uncle Pabai and Uncle Paul appealed the decision to the Full Federal Court, challenging the ruling that the Government did not owe a duty of care, thereby placing it under further scrutiny.
Internationally, frameworks like the Refugee Convention and UNFCCC impose no binding obligations on states to protect those displaced by climate change. COP19’s Warsaw International Mechanism for Loss and Damage attempted to address this gap, but progress remains slow, leaving Pacific communities at imminent risk.
Australia’s geographic proximity to Pacific nations places it at the frontline of climate crisis response. Pacific communities and First Nations Peoples in Australia have for some time been advocating protection for their homes, cultures, connection to land and right to quality life in the face of existential threats brought about by climate change. While there is increasing recognition of climate refugees across the Pacific, Australia’s current migration system remains woefully inadequate, failing to provide the permanent humanitarian protections needed.
To date, Australia has implemented limited measures such as the Falepili Treaty with Tuvalu and the Pacific Australia Labour Mobility (PALM) scheme, which fall short of providing robust, permanent humanitarian protections, highlighting the urgent need for a comprehensive approach, including a dedicated ‘climate visa’ pathway for all Pacific nations. While PALM focuses on labour mobility, the Falepili Mobility Pathway offers temporary or permanent migration for Tuvaluans without requiring pre-arranged employment, but only 280 spots are available.
How can Australia use COP as an opportunity to strengthen its response to the climate crisis?
With COP30 underway and a potential pre-COP31 event hosted by a Pacific Island nation next year, the conference presents a critical opportunity for Australia to lead regionally and globally in establishing meaningful protections for those most affected by the climate crisis.
Given Australia’s proximity to the Pacific nations and its role as the world’s second-largest exporter of fossil fuels after Russia, Australia has both a moral and regional duty to act. Australia must use COP as an opportunity to invest in strong, respectful partnerships with the Pacific, while centering First Nations voices, to make climate-conscious decisions and help communities adapt to the challenges presented by the climate crisis, especially the exacerbating issue of climate displacement.
While Australia is a leader in advancing a clean energy future and should showcase this, it must take far bolder action. Despite Australia being unsuccessful in its bid to co-host COP31, it can still demonstrate genuine climate leadership by placing human rights at the centre of the global climate agenda. This includes centering the voices of Pacific nations, whose very survival is threatened by the climate crisis, investing in humanitarian relief for affected communities and establishing allocated pathways for resettlement for people displaced by climate.
Strengthening ties with the Pacific needs to remain a priority. Australia’s responsibilities do not disappear with its failed COP31 bid. Instead, they will become increasingly important as the impacts of climate displacement in the Pacific are already imminent.
Vishwa Shah and Rayana Ajam were interns with the Australian Journal of Human Rights in Term 3, 2025.