CCPR/C/127/D/2728/2016
by the author, it considers that the author has not demonstrated clear arbitrariness or error in
the domestic authorities’ assessment as to whether he faced a real, personal and reasonably
foreseeable risk of a threat to his right to life as a result of violent acts resulting from
overcrowding or private land disputes in Kiribati.
9.8
The Committee also notes the author’s claims before the domestic authorities that he
would be seriously harmed by the lack of access to potable water on Tarawa, as fresh water
lenses had been depleted due to saltwater contamination produced by sea level rise. In that
regard, the Committee notes that according to the report and testimony of the climate
change researcher John Corcoran, 60 per cent of the residents of South Tarawa obtained
fresh water from rationed supplies provided by the public utilities board. The Committee
notes the findings of the domestic authorities that there was no evidence that the author
would lack access to potable water in Kiribati. While recognizing the hardship that may be
caused by water rationing, the Committee notes that the author has not provided sufficient
information indicating that the supply of fresh water is inaccessible, insufficient or unsafe
so as to produce a reasonably foreseeable threat of a health risk that would impair his right
to enjoy a life with dignity or cause his unnatural or premature death.
9.9
The Committee further notes the author’s claim before the domestic authorities that
his right to life had been violated because he had been deprived of his means of subsistence,
as his crops had been destroyed due to salt deposits on the ground. The Committee observes
the finding of the domestic authorities that, while the author stated that it was difficult to
grow crops, it was not impossible. The Committee recognizes that in certain places, the lack
of alternatives to subsistence livelihoods may place individuals at a heightened risk of
vulnerability to the adverse effects of climate change. However, the Committee notes the
lack of information provided by the author on alternative sources of employment and on the
availability of financial assistance to meet basic humanitarian needs in Kiribati. The
Committee further notes the Tribunal’s observation that most nutritious crops remained
available in Kiribati. The information made available to the Committee does not indicate
that when the author’s removal occurred, there was a real and reasonably foreseeable risk
that he would be exposed to a situation of indigence, deprivation of food and extreme
precarity that could threaten his right to life, including his right to a life with dignity. The
Committee therefore considers that the author has not established that the assessment of the
domestic authorities was clearly arbitrary or erroneous in that regard, or amounted to a
denial of justice.
9.10 The Committee notes the author’s assertion that he faces a risk to his right to life
because of overpopulation and frequent and increasingly intense flooding and breaches of
sea walls. The Committee also notes the author’s argument that the State party’s courts
erred in determining the time frame within which serious harm to the author would occur in
Kiribati, and did not give sufficient weight to the expert testimony of the climate change
researcher. The Committee notes that in his comments submitted in 2016, the author
asserted that Kiribati would become uninhabitable within 10 to 15 years.
9.11 The Committee takes note of the observation of the Immigration and Protection
Tribunal that climate change-induced harm can occur through sudden onset events and slow
onset processes. Reports indicate that sudden onset events are discrete occurrences that
have an immediate and obvious impact over a period of hours or days, while slow-onset
processes may have a gradual, adverse impact on livelihoods and resources over a period of
months or years. Both sudden-onset events, such as intense storms and flooding, and slowonset processes, such as sea level rise, salinization and land degradation, can propel crossborder movement of individuals seeking protection from climate change-related harm. 26
The Committee is of the view that without robust national and international efforts, the
effects of climate change in receiving States may expose individuals to a violation of their
rights under articles 6 or 7 of the Covenant, thereby triggering the non-refoulement
obligations of sending States. Furthermore, given that the risk of an entire country
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.
9.12 In the present case, the Committee accepts the author’s claim that sea level rise is
likely to render Kiribati uninhabitable. However, it notes that the time frame of 10 to 15
26
Global Compact for Safe, Orderly and Regular Migration, para. 18 (h), (i) and (l).
11