CCPR/C/135/D/3624/2019
be directly involved with communities in the Torres Strait to enable them to respond to
climate change impacts.
4.6
The Torres Strait Regional Authority also played a lead role in securing the
information and funding to progress the construction of a new sea wall for the low-lying
island of Saibai. The Regional Authority is working with local councils to progress a more
detailed assessment of coastal hazards that would inform coastal adaptation measures and
actively seeks opportunities to reduce the region’s carbon footprint through the uptake of
clean energy technologies.
Article 6
4.7
Article 6 (1) of the Covenant requires States to protect against arbitrary deprivation
of life for persons within its jurisdiction, but does not require States to protect those persons
from the general effects of climate change.19 The authors do not claim that they have been
arbitrarily deprived of their lives. The Urgenda case was based on negligence provisions in
the Dutch Civil Code.20 Establishing factual causation under international law is a nearly
impossible barrier to such tort claims. As in the Teitiota case, the State party is taking
adaptation measures in the Torres Strait, thus rendering the harm invoked by the authors too
remote to demonstrate a violation of the right to life.
4.8
The authors have failed to demonstrate that article 6 (1) of the Covenant includes a
generalized right of protection against the effects of climate change and that relevant
domestic legislation is manifestly insufficient or lacking altogether.21 The extension of article
6 (1) of the Covenant to a right to life with dignity, although a laudable policy objective
shared by the State party, is unsupported by the rules of treaty interpretation, the ordinary
meaning of article 6 (1) and any relevant jurisprudence.
4.9
Alternatively, if the Committee maintains the right to a life with dignity, it should only
be recognized in limited and particular circumstances. In contrast to the situation in the
Committee’s recent Views on Portillo Cáceres et al. v. Paraguay,22 the actions in the present
case were not attributable to the State party, which did not fail to enforce domestic law or
infringe any domestic laws. The authors in the present case have not suffered any poor health,
let alone poisoning or death.
Article 27
4.10 The State party has enacted laws to protect the survival and continued development
of the Torres Strait islanders’ cultural identity. The authors merely assert future hypothetical
violations of this right. All of the cases in which the Committee has found violations of this
right relate to existing, not future violations. Article 27 of the Covenant was never intended
to protect against the effects of climate change.
Article 17
4.11 The authors focus entirely on the future disruptions to family life that climate change
may cause. The authors have not made any claim that their families (including relatives in
extended families) have experienced arbitrary or unlawful interference by the State party.
The interference prohibited under article 17 of the Covenant must be real and effective, not
potential or future, and must emanate from State authorities or natural or legal persons
authorized by the State. The authors’ allegation that they could be relocated in the future is
speculative.
19
20
21
22
6
General comment No. 36 (2018), para. 20.
Supreme Court of the Netherlands, State of the Netherlands (Ministry of Economic Affairs and
Climate Policy) v. Urgenda Foundation, Case No. 19/00135, Judgment, 20 December 2019.
Manfred Nowak, U.N. Covenant on Civil and Political Rights: CCPR Commentary, 2nd revised
ed. (N.P. Engel, Kehl am Rhein, 2005), p. 123.
CCPR/C/126/D/2751/2016.