CCPR/C/135/D/3624/2019 1.1 The eight authors of the communication are Daniel Billy, Ted Billy, Nazareth Fauid, Stanley Marama, Yessie Mosby, Keith Pabai, Kabay Tamu and Nazareth Warria, born in 1983, 1957, 1965, 1967, 1982, 1964, 1991 and 1973, respectively. They are nationals of Australia and residents of the Torres Strait region. They act in their own names and on behalf of five children of Yessie Mosby1 and the son of Kabay Tamu.2 The authors claim that the State party has violated their rights under article 2 of the Covenant, read alone and in conjunction with articles 6, 17 and 27; and articles 6, 17 and 27, each read alone. They also claim violations of the rights of the six children under article 24 (1), read alone and in conjunction with articles 6, 17 and 27 of the Covenant. The Optional Protocol entered into force for the State party on 25 September 1991. The authors are represented by counsel. 1.2 Out of four requests received from third parties to submit interventions, the Committee granted two requests and denied two requests as out of time.3 The facts as submitted by the authors 2.1 The authors belong to the Indigenous minority group of the Torres Strait islands and live on the four islands of Boigu (Stanley Marama and Keith Pabai), Masig (Yessie, Genia, Ikasa, Awara, Santoi and Baimop Mosby and Nazareth Warria), Warraber (Daniel and Ted Billy and Kabay and Tyrique Tamu) and Poruma (Nazareth Fauid). 4 The Indigenous People of the Torres Strait islands, especially the authors who reside in low-lying islands, are among the populations most vulnerable to the impact of climate change. 2.2 The Torres Strait Regional Authority, a government body, has stated that “the effects of climate change threaten the islands themselves as well as marine and coastal ecosystems and resources, and therefore the life, livelihoods and unique culture of Torres Strait Islanders”. The Regional Authority also noted that “even small increases in sea level due to climate change will have an immense impact on Torres Strait communities, potentially threatening their viability” and that “large increases would result in several Torres Strait islands being completely inundated and uninhabitable”.5 2.3 Sea-level rise has already caused flooding and erosion on the authors’ islands, and higher temperature and ocean acidification has produced coral bleaching, reef death and the decline of seagrass beds and other nutritionally and culturally important marine species. According to the Torres Strait Regional Authority, in the Torres Strait region, sea level has risen at the rate of approximately 0.6 cm per year from 1993 to 2010 (compared with the global average of 3.2 mm per year). 2.4 With respect to the impact of climate change on the islands, the village on Boigu, one of five communities particularly vulnerable to inundation, is flooded each year. Erosion has caused the shoreline to advance and has detached a small area from the island. On Masig in March 2019, a cyclone caused severe flooding and erosion and destroyed buildings. The cyclone resulted in the loss of three metres of shoreline. Approximately one metre of land is lost every year. In addition, in recent years a tidal surge has destroyed family graves, scattering human remains. On Warraber, high tides and strong winds cause seawater to flood the village centre every two to three years. On Poruma, erosion has washed away much of the island’s sand over the past few decades. 2.5 Sea-level rise has caused saltwater to penetrate the soil of the islands, with the result that areas previously used for traditional gardening can no longer be cultivated. On Masig, rising sea level has caused coconut trees to become diseased, so that they do not produce fruits or coconut water, which are part of the authors’ traditional diet. Such changes make the 1 2 3 4 5 2 Genia, Ikasa, Awara, Santoi and Baimop Mosby (born in 2010, 2012, 2014, 2015 and 2017, respectively). Tyrique Tamu (born in 2010). Requests from Martin Scheinin and David R. Boyd and John H. Knox were granted; requests from Christina Voigt and Olivier de Frouville and Nadia Seqat were denied. The authors state that, while Torres Strait islanders constitute 0.14 per cent of the total population of Australia, they represent almost the totality of the settled population of the Torres Strait region. Each island has its own distinctive culture. Torres Strait Regional Authority, “Torres Strait Climate Change Strategy 2014-2018: Building community adaptive capacity and resilience”, July 2014, p. iii.