UN intervention over coal + gas

For years, young people have been living with the consequences of decisions they had no say in. 

They’ve fled bushfires and extreme heat. They’ve watched Country and culture come under threat. They’ve worried about whether the places they love will still be safe to live in as they grow older. 

We represent nine young Australians who, last year, made a human rights complaint to the UN Special Rapporteur for human rights in the context of climate change. Catch up on the complaint here>>

Now, two UN human rights investigators have issued serious allegations with the Australian government about its continued coal and gas approvals, fossil fuel subsidies and inadequate climate targets – and the impacts those decisions are having on young people’s lives, health and futures.

They asked the Albanese Government to explain what it is doing to move away from coal and gas, whether its 2035 climate target is aligned with limiting warming to 1.5°C, and how its fossil fuel approvals account for impacts on children, First Nations peoples and communities overseas. 

The Australian government has now responded with an outline of its existing climate policies. But Generation Justice say it has ignored the central issue. The response does not explain why the government continues to approve new coal and gas projects while facing serious questions about the human rights impacts of those decisions, nor does it commit to ending new approvals, fossil fuel subsidies or strengthening Australia’s 2035 climate target. 

“International human rights law requires governments to protect peoples’ lives, health and homes from foreseeable climate harm, with particular obligations to protect children and young people. 

Young people will spend their whole lives dealing with the consequences of decisions they had no say in. They should be able to trust that the adults making those decisions are looking out for them and following the law.” 

Hannah White, EJA Senior Lawyer

Generation Justice is now calling on the government to:  

listen to young people, answer the concerns raised, and stop making climate disasters worse through continued coal and gas approvals.

For young people, this is a major milestone. 

It's the first time the UN – or any Special Rapporteur – has communicated directly with Australia over its failure to address climate pollution from coal and gas. 

And for Australian’s more broadly, the timing could hardly be more significant. 

The intervention comes just weeks before COP31, when Australia will preside over negotiations, and amid growing scrutiny of coal and gas approvals. It also follows the Australian High Court ruling requiring consideration of conditions to reduce climate pollution from coal mined for export.    

At the same time, its own fossil fuel policies and human rights record are under unprecedented international scrutiny. 

That creates an uncomfortable credibility test for the Albanese government: how can Australia ask other countries to do more on climate while facing serious investigations about what it is doing at home? 

While Generation Justice waited for answers, the destruction continued

Since EJA lawyers lodged Generation Justice’s complaint in April 2025, they have waited for the Australian government to respond. In the meantime, new fossil fuel projects have been approved, climate harms have hit their communities, and the risks they warned about have continued unfolding...

1 April 2025 – Generation Justice lodges its UN human rights complaint

Nine young Australians lodge a formal complaint with the UN Special Rapporteur. They also contact the federal government about their concerns. They receive no response from their government.

April 2025 – Algal bloom devastates waters near Maddie’s hometown

A climate-fuelled algal bloom hits waters near Maddie’s hometown of Port Lincoln, devastating marine life and livelihoods that depend on the fishing industry.

August 2025 – Toxic fossil fuel leak on Connor’s Country

A major methane leak is uncovered on Larrakia Country, Connor’s Country – with regulators having known about it for years. For Larrakia people, it is another fossil fuel project putting community safety, Country and culture at risk.

12 September 2025 – Federal government approves North West Shelf extension

The Australian government gives final approval for Woodside’s North West Shelf gas processing facility to extend operations until 2070 and emit more than 4 billion tonnes of climate pollution (that’s more than 9 years worth of Australia’s emissions in 2025) – meaning fossil gas approved today will still be flowing when members of Generation Justice are nearing retirement. 

18 September 2025 – Australia announces its 2035 climate target

The Australian government announces its 2035 NDC – a target Generation Justice and reputable climate organisations criticised as inconsistent with keeping warming to 1.5°C and protecting a liveable future. 

The same concern is later reflected in the Special Rapporteurs’ correspondence, which asks whether Australia will strengthen its target to align with limiting warming to 1.5°C and its international climate and human rights obligations. 

January 2026 – Victorian bushfires destroy the family farm of an original complainant

Bushfires tear through Victoria, destroying the family farm of one of the young people originally involved in the complaint. 

24 August 2026 – Two UN human rights experts formally write to Australia

UN Special Rapporteurs Elisa Morgera and Astrid Puentes Riaño issue formal allegations, raising serious concerns about Australia’s coal and gas approvals, fossil fuel subsidies, climate targets and their impacts on human rights. These allegations become public on 23 October 2026. 

October 2026 – Digging begins for the Gemini coal mine on Zhanāe’s Country

Zhanāe says caring for Country is a responsibility she cherishes – but young people should not have to constantly defend it from mining companies. 

“As an Aboriginal person, Country is part of who I am. I’ve grown up with a deep responsibility to look after it. There’s a real sense of grief that comes with watching your Country being destroyed.” 

23–26 October 2026 – Australian government responds

The response does not address the central concerns raised by Generation Justice and reflected in the UN allegations – including why Australia continues to approve new coal and gas projects despite its obligations to protect young people from climate harm. 

28 October 2026 – Generation Justice responds

They are calling on the Australian government to answer the concerns raised, stop approving new coal and gas projects, and take stronger action to protect young people’s lives, rights and futures. 

About the complaint

The formal allegation letter was sent to Australia on 24 August 2026 by two independent experts appointed by the UN Human Rights Council: 

  • Elisa Morgera, UN Special Rapporteur on the promotion and protection of human rights in the context of climate change 
  • Astrid Puentes Riaño, UN Special Rapporteur on the human right to a clean, healthy and sustainable environment.

Their allegations raise serious concerns about: 

  • continued coal and gas approvals and fossil fuel subsidies 
  • whether Australia’s 2035 climate target is consistent with limiting warming to 1.5°C 
  • whether fossil fuel approvals properly assess environmental and human rights impacts 
  • disproportionate impacts on children and young people, particularly First Nations children and children with disabilities 
  • access to justice for people affected by climate harm 
  • fossil fuel industry influence on climate policy. 

The investigators have asked the Australian government to explain how it is addressing those concerns and protecting people’s rights – including the rights of communities in the Pacific. They also state that Australia’s domestic laws appear to be ill-equipped to regulate Australia’s climate pollution in line with its international obligations and stress that missing or ineffective climate action is a form of discrimination against children. 

Their allegations also refer to the International Court of Justice’s July 2025 Advisory Opinion on states’ climate obligations, including duties to protect the climate system and prevent significant harm. 

Read the full allegation letter here --> 

In its response, the Australian government outlined its existing climate policies but failed to explain how continued coal and gas approvals are consistent with protecting young people from worsening climate harm. 

Its response also highlights a significant gap in Australia’s national environmental laws: there is no requirement to assess the full climate impacts of fossil fuel projects before they are approved. 

Read the full response here --> 

For Generation Justice, that leaves the central question unanswered:  

“In its response to the investigators, the government has failed to answer the fundamental question: why does it keep approving new coal and gas mines that make climate change worse?

These nine young people are asking the Albanese Government to put kids above polluting companies – stop approving coal and gas fields and make a national roadmap to protect their lives and futures.” 

– Hannah White, EJA Senior Lawyer 

This story is about all young people – the pressures they face now, and the world they will inherit. 

Generation Justice’s experiences reflect what young people across the country are already living through: hotter days, worsening fires and storms, damage to Country and communities, and growing uncertainty about where and how they will be able to live in the decades ahead. 

“These nine young people have lived through fires, storms, drought and extreme heat. They want to stay in their hometowns, feel safe and plan their futures. They should be able to trust that the adults making those decisions are looking out for them and following the law.” 

– Hannah White, EJA Senior Lawyer 

The Australian government has the power to take meaningful action now. 

As Maddie puts it: 

“We’ve asked the government to stop pouring fuel on the fire, and they’ve responded by telling us how much they’ve invested in fire hoses.” 

That means tackling the source of the problem, including: 

  • Immediately ending fossil fuel subsidies 
  • stopping new coal and gas approvals 
  • developing a national roadmap to phase out fossil fuels in a way that’s fast and fair 
  • setting stronger climate targets aligned with keeping warming to 1.5°C 
  • Their vision is simple: a future where young people can stay in the places they love, feel safe, care for Country and plan their lives without climate disasters hanging over every decision. 

A future where this is the last generation forced to fight for something so basic – the right to grow up on a safe and liveable planet.