CCPR/C/127/D/2728/2016
been reached. 4 It would indeed be counter-intuitive to the protection of life to wait for
deaths to be very frequent and considerable in number in order to consider the threshold of
risk as met. It is the standard upheld in the Committee that threats to life can be a violation
of the right, even if they do not result in the loss of life. 5 It should be sufficient that the
child of the author has already suffered significant health hazards on account of the
environmental conditions. It is enough that the author and his family are already facing
significant difficulty in growing crops and resorting to the life of subsistence agriculture on
which they were largely dependent. Consideration of the author’s situation and that of his
family, balanced with all the facts and circumstances of the situation in the author’s country
of origin, reveals a livelihood short of the dignity that the Covenant seeks to protect.
6.
Lastly, while it is laudable that Kiribati is taking adaptive measures to reduce the
existing vulnerabilities and address the evils of climate change, it is clear that the situation
of life continues to be inconsistent with the standards of dignity for the author, as required
under the Covenant. The fact that that is a reality for many others in the country does not
make it any more dignified for the persons living in such conditions. The action taken by
New Zealand is more like forcing a drowning person back into a sinking vessel, with the
“justification” that after all, there are other passengers on board. Even as Kiribati does what
it takes to address the conditions, for as long as they remain dire, the life and dignity of
persons remains at risk.
4
5
14
See para. 2.9 of the Committee’s Views.
See para. 9.4 of the Committee’s Views.