CCPR/C/135/D/3624/2019
it must in any event be applicable in such a way as to indicate that the individual’s risk of
being affected is more than a theoretical possibility. 32
7.10 The Committee notes that the authors presented in their communication information
indicating the existence of real predicaments that they have experienced personally and
actually owing to disruptive climate events and slow-onset processes such as flooding and
erosion. The authors argue in part that those predicaments have already compromised their
ability to maintain their livelihoods, subsistence and culture. While noting the State party’s
argument that the authors have not substantiated that present and future climate change
impacts and the State party’s role in mitigating those impacts have violated the authors’ rights
under the Covenant, the Committee observes that the authors, as members of peoples who
are the long-standing inhabitants of traditional lands consisting of small, low-lying islands
which presumably offer scant opportunities for safe internal relocation, are highly exposed
to adverse climate change impacts. It is uncontested that the authors’ lives and cultures are
highly dependent on the availability of the limited natural resources to which they have access
and on the predictability of the natural phenomena that surround them. The Committee
observes that in the light of their limited resources and location, the authors would be unlikely
to be able to finance adequate adaptation measures themselves, on an individual or
community level, to adjust to actual or expected climate change and its effects in order to
moderate harm. The Committee therefore considers that the authors are among those who are
extremely vulnerable to experiencing severely disruptive climate change impacts intensely.
The Committee considers, based on the information provided by the authors, that the risk of
impairment of those rights, owing to alleged serious adverse impacts that have already
occurred and are ongoing, is more than a theoretical possibility. The Committee accordingly
considers that articles 1 and 2 of the Optional Protocol do not constitute an obstacle to the
admissibility of the claims under articles 6, 17, 24 (1) and 27 of the Covenant.
7.11 The Committee therefore declares the authors’ claims under articles 6, 17, 24 (1) and
27 of the Covenant admissible and proceeds to examine them on the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, as provided for under article 5 (1) of the Optional Protocol.
8.2
The Committee notes the authors’ claim that, by failing to implement adequate
mitigation and adaptation measures to prevent negative climate change impacts on the
authors and the islands where they live, the State party has violated their rights under the
Covenant.
Article 6
8.3
The Committee notes the authors’ claim that the events in this case constitute a
violation by act and omission of their right to a life with dignity under article 6 of the
Covenant, owing to the State party’s failure to perform its duty to provide adaptation and
mitigation measures to address climate change impacts that adversely affect their lives,
including their way of life. With respect to the State party’s position that article 6 (1) of the
Covenant does not obligate it to prevent foreseeable loss of life from climate change, the
Committee recalls that the right to life cannot be properly understood if it is interpreted in a
restrictive manner and that the protection of that right requires States parties to adopt positive
measures to protect the right to life.33 The Committee also recalls its general comment No.
36 (2018) on the right to life, in which it established that the right to life also includes the
right of individuals to enjoy a life with dignity and to be free from acts or omissions that
would cause their unnatural or premature death (para. 3).34 The Committee further recalls that
the obligation of States parties to respect and ensure the right to life extends to reasonably
foreseeable threats and life-threatening situations that can result in loss of life.35 States parties
32
33
34
35
12
For example, Teitiota v. New Zealand, para. 8.4.
For example, Teitiota v. New Zealand, para. 9.4; and Toussaint v. Canada
(CCPR/C/123/D/2348/2014), para. 11.3.
See also Portillo Cáceres et al. v. Paraguay, para. 7.3.
Toussaint v. Canada, para. 11.3; and Portillo Cáceres et al. v. Paraguay, para. 7.5.