The Human Rights Law Centre is calling for the ACT Government to strengthen its proposal to add the right to a healthy environment to the Human Rights Act 2004.

In a submission to the ACT Legislative Assembly Standing Committee on Justice and Community Safety’s inquiry into the proposed new law, the Human Rights Law Centre has called for:

• proactive engagement with Aboriginal and Torres Strait Islander people in the ACT;
• the right to a healthy environment to by fully enforceable through the courts so that people can access justice if the right is breached; and
• all aspects of the right to a healthy environment to be immediately applicable to decision-makers.

Adrianne Walters, Associate Legal Director, Human Rights law Centre, said:

“At a time when climate change, pollution and biodiversity loss are threatening the health and livelihoods of many communities, there is a pressing need to find new ways to protect the precious ecosystems on which human life depends. While we welcome the ACT Government’s inclusion of a right to a healthy environment, we urge it to seize the moment and make it the best model possible.”

“It is vitally important that the right to a healthy environment is treated the same as other rights in the Human Rights Act. This includes ensuring that people can take action in the courts when their rights are breached, and that all aspects of the right apply to decision-makers immediately rather than parking some elements of the right to become a reality later.”

The oppression of Aboriginal and Torres Strait Islander peoples’ rights, knowledges and practices by governments since colonisation is a key driver of the current climate and environmental crises. Redressing these injustices and honouring Aboriginal and Torres Strait Islander peoples’ rights are key to addressing this crisis.

“Climate change is exacerbating the racialised environmental, social and economic injustices that colonisation was founded on, posing acute threats to Aboriginal and Torres Strait Islander peoples’ rights to Country, culture and wellbeing. It is critical that Aboriginal and Torres Strait Islander people in the ACT are thoroughly consulted in the drafting this right and that their rights, knowledge and practices are recognised by the ACT Government.”

“We urge the ACT Government to take this opportunity to make their legislation world leading from the start, in collaboration with Aboriginal and Torres Strait Islander people, and introduce a strong and enforceable right to a healthy environment.”

Read the Submission on the Human Rights (Healthy Environment) Amendment Bill 2023 (ACT)