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UN Human Rights Committee Views Adopted on Teitiota Communication - opinion

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A citizen of Kiribati filed a communication with the UN Human Rights Committee claiming that New Zealand had violated his right to life by denying him asylum despite his assertions that climate change made Kiribati uninhabitable. The Committee concluded that the communication was admissible, but that New Zealand's decision was not clearly arbitrary, a manifest error, or a denial of justice. 

In 2013, Ioene Teitiota, a Kiribati citizen, sought asylum in New Zeleand, asserting that the effects of climate change and sea level rise forced him to migrate. When the Immigration and Protection Tribunal denied his claim, he appealed to the New Zealand High Court. The High Court found that the impacts of climate change on Kirabati did not qualify Teitiota for refugee status because he was not subjected to persecution required for the 1951 United Nations Convention relating to the Status of Refugees. Teitioa appealed the decision to the Court of Appeals. In dismissing the application, the Court of Appeals noted the gravity of climate change but stated that the Refugee Convention did not appropriately address the issue. Teitiota again appealed, this time before the Supreme Court of New Zealand. In 2015, the Supreme Court affirmed the lower courts’ conclusions, but did not rule out the possibility “that environmental degradation resulting from climate change or other natural disasters could [] create a pathway into the Refugee Convention or protected person jurisdiction.”

On September 15, 2015, Teitiota filed a communication with the UN Human Rights Committee, alleging that New Zealand had violated his right to life under the International Covenant on Social and Political Rights. He argued that sea level rise in Kiribati caused by climate change has created a scarcity of habitable space, resulting in violent land disputes, and environmental degradation including saltwater contamination of the freshwater supply.  On January 7, 2020, the Committee ruled that the communication was admissible because Teitiota had sufficiently substantiated his claim that when he was removed to Kiribati he faced an imminent risk of being arbitrarily deprived of his life due to the effects of sea level rise. The Committee reasoned that the requirement of imminence attaches to the decision to remove the individual, and not to the anticipated harm in the receiving state, although the latter is relevant in assessing the real risk faced by the individual. 

The Committee dismissed the communication on the merits, however, explaining that it could only reverse a States party's determination that was clearly arbitrary or amounted to a manifest error or a denial of justice. The Committee reasoned that the risk of an arbitrary deprivation of life must be personal, rather than rooted in the general conditions of the receiving state, except in the most extreme cases. The Committee recognized that environmental degradation and climate change constitute serious threats to the ability of present and future generations to enjoy the right to life, but upheld New Zealand's determination that Teitiota had not provided evidence that he faced any real chance of being harmed in a land dispute, would be unable to grow food or access potable water, or otherwise faced life-threatening conditions.

The Committee did find, however, that "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." Accepting Teitiota's claim that sea level rise is likely to render Kiribati uninhabitable, the Committee explained that given the 10-15 year timeframe, there was sufficient time for intervening acts by the government of Kiribati to protect its citizens. 

Two Committee members dissented. One attacked the majority's reliance on the lack of evidence that Teitiota's family lacked potable water, explaining that "potable" does not equate to "safe drinking water." The second argued that the Committee placed an unreasonable burden of proof on Teitiota to establish a real risk of danger of arbitrary deprivation of life. 

UN Human Rights Committee Views Adopted on Teitiota Communication

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Households employing domestic workers, for activities like cooking, cleaning and subsistence farming, for their own use.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

This sector involves the distribution, treatment, and conservation of water resources.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Actions to adapt human health, healthcare systems and well-being to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

This sector involves activities to move goods and people, alongside the storage of products.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets