CCPR/C/127/D/2728/2016
substantiate, for the purpose of admissibility, the alleged violation of their rights under the
Covenant. In the present case, there is no evidence that the author faced an imminent risk of
being arbitrarily deprived of his life when he was removed to Kiribati. Moreover, there is
no evidence that the author faces such a risk. There is also no evidence that his situation is
materially different from that of all other persons in Kiribati. The domestic authorities
emphasized that their conclusions should not be read to mean that environmental
degradation resulting from climate change could never create a pathway into protected
person jurisdiction. Nevertheless, the authorities considered that the author and his family
had not established such a pathway.
4.6
Secondly, the author’s evidence contradicts his claim. His communication consists
of two brief letters, and he appears to rely on the evidence that he presented to the
Immigration and Protection Tribunal, as well as the decisions of the domestic authorities.
The Tribunal considered a substantial amount of information and evidence from both the
author and an expert concerning the effects of climate change and sea level rise on the
people and geography of Kiribati. The Tribunal accepted the evidence, including the
author’s evidence, in its entirety. However, it found that there was no evidence that the
author had faced or faced a real risk of suffering serious physical harm from violence linked
to housing, land or property disputes. The Tribunal also found that there was no evidence to
support the author’s claim that he was unable to grow subsistence crops or obtain potable
water in Kiribati. The author had claimed that it was difficult, not impossible, to grow crops
as a result of saltwater intrusion onto the land. The Tribunal considered that there was no
evidence establishing that the environmental conditions the author faced or was likely to
face upon return to Kiribati were so parlous that his life would be jeopardized, or that he
and his family would be unable to resume their prior subsistence life with dignity. The
Tribunal accepted that States have positive duties to protect life from risks arising from
known natural hazards, and that failure to do so may constitute a violation of article 6 (1) of
the Covenant. However, the author could not point to any such act or omission by the
Government of Kiribati that might indicate a risk that he would be arbitrarily deprived of
his life within the scope of article 6 (1) of the Covenant; and he could not establish that
there was at the relevant time a sufficient degree of risk to his life or that of his family. The
Tribunal concluded that the risk to the author from climate change fell well short of the
threshold required to establish a substantial ground for believing that he and his family
would be in danger of arbitrary deprivation of life within the scope of article 6 of the
Covenant. In the Tribunal’s words, the risk remained “firmly in the realm of conjecture or
surmise”. According to the Committee’s jurisprudence, it is generally for the courts of
States parties to the Covenant to evaluate facts and evidence in a particular case.
4.7
The communication is also insufficiently substantiated because the author has not
submitted any further evidence in addition to the evidence that has already been considered
by the domestic authorities. The Immigration and Protection Tribunal accepted the
evidence presented by the author. The Court of Appeal considered that the Tribunal’s
decision was well-structured, carefully reasoned and comprehensive. The High Court noted
that in order for the author’s application for leave to appeal to be granted, the author would
have to present a seriously arguable case that the Tribunal’s factual findings were incorrect,
and that it would be difficult to meet that requirement because the Tribunal had not
challenged the author’s evidence. The domestic courts confirmed that the author had not
established that he would suffer a violation of article 6 of the Covenant by returning to
Kiribati, and that the Tribunal’s findings were therefore justified.
Author’s comments on the State party’s observations on admissibility
5.
In his comments dated 25 July 2016, the author maintained that due to the lack of
clean drinking water, he and his family had suffered from “reasonably bad health issues”
since returning to Kiribati in September 2015. One of the author’s children suffered from a
serious case of blood poisoning, which caused boils all over his body. The author and his
family are also unable to grow crops. Before the Supreme Court of New Zealand issued its
decision on the author’s case in 2015, the author had provided the Court with new
information, namely, the Fifth Assessment Report of the Intergovernmental Panel on
Climate Change. The Report indicated that Kiribati would face serious survival issues if the
increase in global temperatures and sea level continued.
6