CCPR/C/135/D/3624/2019 authors reliant on expensive imported goods, which they often cannot afford. Seasonal and wind patterns play a key role in ensuring the authors’ livelihoods and subsistence, but are no longer predictable. Precipitation, temperature and monsoon seasons have been subject to change, making it harder for the authors to pass on their traditional ecological knowledge. Seagrass beds and dependent species have disappeared. While crayfish is a fundamental source of food and income for the authors, they no longer find crayfish in areas where coral bleaching has occurred. 2.6 Referring to the Torres Strait Regional Authority report, the authors predict that the severe impacts on their traditional ways of life, subsistence and culturally important living resources will present significant social, cultural and economic challenges, have effects on infrastructure, housing, land-based food production systems and marine industries, and cause health-related problems such as an increased incidence of disease and heat-related illness. 2.7 The State party has failed to implement an adaptation programme to ensure the longterm habitability of the islands. Despite numerous requests for assistance and funding made to the State and federal authorities by or on behalf of the islanders, the State party has not responded promptly or adequately. Although some works were carried out on Boigu and Poruma between 2017 and 2018, many of the priority actions identified in the Torres Strait regional adaptation and resilience plan 2016–2021 remain unfunded. At present, no further government funding has been confirmed. Local authorities have taken a triage approach to saving homes and infrastructure, while residents of Warraber and Masig have taken matters into their own hands, using green waste and debris to secure fragile coastal ecosystems from erosion. 2.8 The State party has failed to mitigate the impact of climate change. In 2017, the State party’s per capita greenhouse gas emissions were the second highest in the world. Those emissions increased by 30.72 per cent between 1990 and 2016. The State party ranked fortythird among 45 developed countries in reducing its greenhouse gas emissions during that period. Since 1990, the State party has actively pursued policies that have increased emissions by promoting the extraction and use of fossil fuels, in particular thermal coal for electricity generation. 2.9 There are no available or effective domestic remedies to enforce the rights of Torres Strait islanders under articles 2, 6, 17, 24 and 27 of the Covenant. The authors’ rights under the Covenant are not protected in the Constitution or any other legislation applicable to the federal Government. The High Court of Australia has ruled that State organs do not owe a duty of care for failing to regulate environmental harm.6 Complaint 3.1 The authors claim that the State party has violated their rights under articles 2, 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 their children identified above under article 24 (1), read alone and in conjunction with articles 6, 17 and 27 of the Covenant. The State party has failed to adopt adaptation measures (infrastructure to protect the lives of the authors and their way of life, homes and culture against the impacts of climate change, especially sea-level rise). The State party has also failed to adopt mitigation measures to reduce greenhouse gas emissions and stop the promotion of fossil fuel extraction and use. As indicated in the Committee’s general comment No. 36 (2018) on the right to life (para. 62), climate change is a matter of fundamental human rights. 3.2 The State party’s obligations under international climate change treaties constitute part of the overarching system that is relevant to the examination of its violations under the Covenant.7 6 7 High Court of Australia, Graham Barclay Oysters Pty Ltd v. Ryan, 2002. Vienna Convention on the Law of Treaties, art. 31. 3