CCPR/C/135/D/3624/2019
8.7
Regarding the authors’ assertion that their islands will become uninhabitable in
10 years (Boigu and Masig) or in 10 to 15 years (Poruma and Warraber) in the absence of
urgent action, the Committee recalls that without robust national and international efforts,
the effects of climate change may expose individuals to a violation of their rights under
article 6 of the Covenant.42 Furthermore, given that the risk of an entire country’s becoming
submerged under water is such an extreme risk, the conditions of life in such a country may
become incompatible with the right to life with dignity before the risk is realized. 43 The
Committee notes that, under the Torres Strait sea walls programme (2019–2023), multiple
infrastructures will be constructed and upgraded to address ongoing coastal erosion and
storm surge impacts on Poruma, Warraber, Masig, Boigu and Iama. The Committee notes
that by 2022, several coastal mitigation works had been completed on Boigu with funding
of $A 15 million: the construction of a 1,022 metre-long wave return wall, the raising and
extension of an existing bund wall to 450 metres and the upgrading of stormwater drainage
infrastructure. The Committee observes that under the programme, coastal mitigation works
on Poruma, Warraber and Masig were scheduled to begin in 2021 or 2022 and to be
completed by 2023. The Committee takes note of the other adaptation and mitigation
measures mentioned by the State party. The Committee considers that the time frame of 10
to 15 years, as suggested by the authors, could allow for intervening acts by the State party
involving taking affirmative measures to protect and, where necessary, relocate the alleged
victims. The Committee also considers that the information provided by the State party
indicates that it is taking adaptive measures to reduce existing vulnerabilities and build
resilience to climate change-related harms on the islands. Based on the information made
available to it, the Committee is not in a position to conclude that the adaptation measures
taken by the State party would be insufficient and therefore represent a direct threat to the
authors’ right to life with dignity.
8.8
In view of the foregoing, the Committee considers that the information before it does
not disclose a violation by the State party of the authors’ rights under article 6 of the Covenant.
Article 17
8.9
The Committee notes the authors’ claims that climate change already affects their
private, family and home life, as they face the prospect of having to abandon their homes.
The Committee also notes that the erosion of their islands causes the authors significant
distress and that flooding occurs on the islands. The Committee further notes the allegation
of Stanley Marama that his home was destroyed owing to flooding in 2010. The Committee
recalls that States parties must prevent interference with a person’s privacy, family or home
that arises from conduct not attributable to the State, at least where such interference is
foreseeable and serious.44 Thus, when environmental damage threatens disruption to privacy,
family and the home, States parties must prevent serious interference with the privacy, family
and home of individuals under their jurisdiction.
8.10 The Committee recalls that the authors depend on fish, other marine resources, land
crops and trees for their subsistence and livelihoods and depend on the health of their
surrounding ecosystems for their own well-being. The State party has not contested the
authors’ assertions in that regard. The Committee considers that the aforementioned elements
constitute components of the traditional Indigenous way of life of the authors, who enjoy a
special relationship with their territory, and that these elements can be considered to fall
within the scope of protection under article 17 of the Covenant.45 In addition, the Committee
considers that the application of article 17 should be understood not as being limited to the
act of refraining from arbitrary interference; but rather as also obligating States parties to
adopt positive measures that are needed to ensure the effective exercise of the rights under
42
43
44
45
14
Ibid., para. 9.11.
Ibid.
General comment No. 16 (1988), paras. 1 and 9.
Benito Oliveira et al. v. Paraguay (CCPR/C/132/D/2552/2015), para. 8.3; and
Portillo Cáceres et al. v. Paraguay, para. 7.8.