GENEVA (21 January 2020) — In its first ruling on a complaint by an individual seeking asylum from the effects of climate change, the UN Human Rights Committee* has stated that countries may not deport individuals who face climate change-induced conditions that violate the right to life.
In 2015, Ioane Teitiota’s asylum application in New Zealand was denied, and he was deported with his wife and children to his home country of Kiribati. He filed a complaint to the UN Human Rights Committee, arguing that by deporting him, New Zealand had violated his right to life. Mr. Teitiota argued that the rise in sea level and other effects of climate change had rendered Kiribati uninhabitable for all its residents. Violent land disputes occurred because habitable land was becoming increasingly scarce. Environmental degradation made subsistence farming difficult, and the freshwater supply was contaminated by salt water.
The Committee determined that in Mr. Teitiota’s specific case, New Zealand’s courts did not violate his right to life at the time of the facts, because the thorough and careful evaluation of his testimony and other available information led to the determination that, despite the serious situation in Kiribati, sufficient protection measures were put in place. “Nevertheless,” said Committee expert Yuval Shany, “this ruling sets forth new standards that could facilitate the success of future climate change-related asylum claims.”
The Committee also clarified that individuals seeking asylum status are not required to prove that they would face imminent harm if returned to their countries. The Committee reasoned that climate change-induced harm can occur both through sudden-onset events (such as intense storms and flooding), and slow-onset processes (such as sea level rise, salinization and land degradation). Both sudden-onset events and slow-onset processes can prompt individuals to cross borders to seek protection from climate change-related harm.
The Committee also highlighted the role that the international community must play in assisting countries adversely affected by climate change. The Committee stated that without robust national and international efforts, the effects of climate change in sending states may trigger the non-refoulement obligations of receiving states and 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.
The ruling marks the first decision by a UN human rights treaty body on a complaint by an individual seeking asylum protection from the effects of climate change.
See the full Human Rights Committee ruling here
* The *Human Rights Committee monitors States parties’ adherence to the International Covenant on Civil and Political Rights, (ICCPR) which to date has 172 States parties. The Committee is made up of 18 members who are independent human rights experts drawn from around the world, who serve in their personal capacity and not as representatives of States parties.*
The ICCPR’s Optional Protocol, which to date has *116 States parties, establishes the right of individuals to complain to the Committee against States which violated their human rights. The Optional Protocol imposes an international legal obligation on State parties to comply in good faith with the Committee’s Views. Further information on the individual complaints procedures before the Committees.*
Australia election: Why is Australia’s parliament so white?
With this year’s election, political parties did have a window to slightly improve this. But they chose not to in most cases, critics say.
Tu Le grew up the child of Vietnamese refugees in Fowler, a south-west Sydney electorate far from the city’s beaches, and one of the poorest urban areas in the country.
The 30-year-old works as a community lawyer for refugees and migrants newly arrived to the area.
Last year, she was pre-selected by the Labor Party to run in the nation’s most multicultural seat. But then party bosses side-lined her for a white woman.
It would take Kristina Kenneally four hours on public transport – ferry, train, bus, and another bus – to get to Fowler from her home in Sydney’s Northern Beaches, where she lived on an island.
Furious locals questioned what ties she had to the area, but as one of Labor’s most prominent politicians, she was granted the traditionally Labor-voting seat.
Ms Le only learned she’d been replaced on the night newspapers went to print with the story.
“I was conveniently left off the invitation to the party meeting the next day,” she told the BBC.
Despite backlash – including a Facebook group where locals campaigned to stop Ms Kenneally’s appointment – Labor pushed through the deal.
“If this scenario had played out in Britain or the United States, it would not be acceptable,” says Dr Tim Soutphomassane, director of the Sydney Policy Lab and Australia’s former Race Discrimination Commissioner.
“But in Australia, there is a sense that you can still maintain the status quo with very limited social and political consequences.”
An insiders’ game
At least one in five Australians have a non-European background and speak a language at home other than English, according to the last census in 2016.
Some 49% of the population was born or has a parent who was born overseas. In the past 20 years, migrants from Australia’s Asian neighbours have eclipsed those from the UK.
But the parliament looks almost as white as it did in the days of the “White Australia” policy – when from 1901 to the 1970s, the nation banned non-white immigrants.
“We simply do not see our multicultural character represented in anything remotely close to proportionate form in our political institutions,” says Dr Soutphomassane.
Compared to other Western multicultural democracies, Australia also lags far behind.
The numbers below include Indigenous Australians, who did not gain suffrage until the 1960s, and only saw their first lower house MP elected in 2010. Non-white candidates often acknowledge that any progress was first made by Aboriginal Australians.
Two decades ago, Australia and the UK had comparably low representation. But UK political parties – responding to campaigns from diverse members – pledged to act on the problem.
“The British Conservative Party is currently light years ahead of either of the major Australian political parties when it comes to race and representation,” says Dr Soutphomassane.
So why hasn’t Australia changed?
Observers say Australia’s political system is more closed-door than other democracies. Nearly all candidates chosen by the major parties tend to be members who’ve risen through the ranks. Often they’ve worked as staffers to existing MPs.
Ms Le said she’d have no way into the political class if she hadn’t been sponsored by Fowler’s retiring MP – a white, older male.
Labor has taken small structural steps recently – passing commitments in a state caucus last year, and selecting two Chinese-Australian candidates for winnable seats in Sydney.
But it was “one step forward and two steps back”, says party member and activist Osmond Chiu, when just weeks after the backlash to Ms Le’s case, Labor “parachuted in” another white candidate to a multicultural heartland.
Andrew Charlton, a former adviser to ex-PM Kevin Rudd, lived in a harbour mansion in Sydney’s east where he ran a consultancy.
His selection scuppered the anticipated races of at least three diverse candidates from the area which has large Indian and Chinese diasporas.
Party seniors argued that Ms Kenneally and Mr Charlton – as popular and respected party figures – would be able to promote their electorates’ concerns better than newcomers.
Labor leader Anthony Albanese also hailed Ms Kenneally as a “great Australian success story” as a migrant from the US herself.
But Mr Chiu says: “A lot of the frustration that people expressed wasn’t about these specific individuals.
“It was about the fact that these were two of the most multicultural seats in Australia and these opportunities – which come by so rarely – to select culturally diverse candidates were squandered.”
He adds this has long-term effects because the average MP stays in office for about 10 years.
The frustration on this issue has centred on Labor – because the centre-left party calls itself the “party of multiculturalism”.
But the Liberal-National government doesn’t even have diversity as a platform issue.
One of its MPs up for re-election recently appeared to confuse her Labor rival for Tu Le, sparking accusations that she’d mixed up the two Asian-Australian women – something she later denied. But as one opponent said: “How is this still happening in 2022?”
Some experts like Dr Soutphommasane have concluded that Australia’s complacency on areas like representation stems from how the nation embraced multiculturalism as official policy after its White Australia days.
The government of the 1970s, somewhat embarrassed by the past policy, passed racial discrimination laws and “a seat at the table” was granted to migrants and Indigenous Australians.
But critics say this has led to an Australia where multiculturalism is celebrated but racial inequality is not interrogated.
“Multiculturalism is almost apolitical in how it’s viewed in Australia,” Dr Soutphommasane says, in contrast to the “fight” for rights that other Western countries have seen from minority groups.
What is the impact?
A lack of representation in parliament can also lead to failures in policy.
During Sydney’s Covid outbreak in August 2021, Fowler and Parramatta electorates – where most of the city’s multicultural communities reside – were subject to harsher lockdowns as a result of a higher number of cases.
How will things change?
Liberal MP Dave Sharma, the only lawmaker of Indian heritage, has said all parties – including his own – should better recruit people with different backgrounds. He called it a “pretty laissez-faire attitude” currently.
Mr Albanese has urged Ms Le to “hang in there”, insisting she has a future.
But more people like Ms Le are choosing to speak out.
“I think I surprised a lot of people by not staying quiet,” she told the BBC.
“People acted like it was the end of my political career that I didn’t toe the party line. But… none of that means anything to me if it means I’m sacrificing my own values.”
She and other second-generation Australians – raised in a country which prides itself on “a fair go” – are agitating for the rights and access their migrant parents may not have felt entitled to.
“Many of those from diverse backgrounds were saying they felt like they didn’t have a voice – and that my case was a clear demonstration of their suppression, and their wider participation in our political system.”
She and others have noted the “growing distrust” in the major parties. Polls are predicting record voter support for independent candidates.
“This issue…. matters for everyone in Australian society that cares about democracy,” says Mr Soutphommasane.
“If democratic institutions are not representative, their legitimacy will suffer.
US military leader warns Chinese security deal with Solomon Islands sounds ‘too good to be true’
A senior US military general has warned during a visit to Australia that China’s offer to deepen security ties with Solomon Islands will come with strings attached, suggesting the Pacific island country may come to regret the planned deal.
“My parents told me if a deal sounds too good to be true, it probably is,” the commandant of the United States Marine Corps, general David Berger, said on Wednesday.
Berger was cautious when asked about longstanding US concerns relating to a Chinese company’s lease over the port of Darwin, stressing it was a sovereign decision for Australia as part of its yet-to-be-completed national security review.
Ahead of a trip to Darwin, the site of increasing rotations of US Marines, Berger said: “If it’s not of concern to Australia, then it’s not of concern to me.”
Berger’s visit comes amid a flurry of diplomatic activity by the US and Australia attempting to head off a proposed security agreement between China and Solomon Islands, which could allow regular visits by the People’s Liberation Army Navy.
A leaked draft from last month raised the possibility China could “make ship visits to, carry out logistical replenishment in, and have stopover and transition in Solomon Islands”, while Chinese forces could also be used “to protect the safety of Chinese personnel and major projects in Solomon Islands”.
The prime minister of Solomon Islands, Manasseh Sogavare, has sought to allay concerns, saying his country has no intention of allowing a Chinese naval base. But Sogavare has also said it is “very insulting to be branded as unfit to manage our sovereign affairs”.
Speaking in Canberra on Wednesday, Berger said the US needed to show humility in its outreach to Pacific nations, but also needed to be open about the potential long-term consequences.
Berger reflected on the fight for control of Guadalcanal in Solomon Islands during the second world war, when the US and allies sought to prevent Japanese forces from gaining a foothold in the strategically important location.
“A lot of things change in warfare. Not geography. Where … Solomon Islands are matters. It did then and it does now,” Berger said at the Australian Strategic Policy
He said the proposed agreement was “just another example” of China seeking to broaden and expand its influence. He raised concerns about “the way that [it] happens and the consequences for the nations” involved.
Sogavare has argued Solomon Islands pursues a “friends to all and enemies to none” foreign policy, but Berger implied countries making agreements with Beijing might regret it down the track.
“We should illuminate, we should draw out into the open what this means long term,” Berger said.
“This is, in other words, an extension of ‘hey we’re here with a cheque, we’re here with money, we’d like to improve your port or your airfield or your bus station’. And that just sounds so great, until a year later or six months later.”
The US plans to reopen its embassy in Solomon Islands, a move the nominee for US ambassador to Australia, Caroline Kennedy, has said “can’t come soon enough”.
Berger acknowledged there were limits to US insights in Pacific island countries, so the US needed to rely on allies such as Australia.
“We’re not going to have always the best view, the clearest picture,” he said.
“We have to understand the neighbourhood and we’re never going to understand it as well as Australia.”
Earlier, the Australian prime minister, Scott Morrison, denied that the US had conveyed any concerns that Australia had dropped the ball in the region.
Morrison said the Australian government was continuing to raise concerns with Solomon Islands without acting in a “heavy-handed” way.
Australia’s minister for the Pacific, Zed Seselja, met with Sogavare in Honiara on Wednesday and “asked Solomon Islands respectfully to consider not signing the agreement” with China.
Seselja suggested Solomon Islands “consult the Pacific family in the spirit of regional openness and transparency”. Australia would work with Solomon Islands “swiftly, transparently and with full respect for its sovereignty”.
“We welcome recent statements from prime minister Sogavare that Australia remains Solomon Islands’ security partner of choice, and his commitment that Solomon Islands will never be used for military bases or other military institutions of foreign powers,” Seselja said.
Sogavare has previously said Solomon Islands welcomed “any country that is willing to support us in our security space”.
But Matthew Wale, the leader of the opposition, has argued the deal “would make the Solomons a geopolitical playing field” and “further threaten the nation’s fragile unity”.
House votes to hold Trump duo Navarro and Scavino in contempt of Congress
The House voted on Wednesday to hold two of Donald Trump’s top advisers – Peter Navarro and Dan Scavino – in criminal contempt of Congress for their months-long refusal to comply with subpoenas issued by the House select committee investigating the January 6 Capitol attack.
The approval of the contempt resolution, by a vote of 220 to 203, sets the two Trump aides on the path toward criminal prosecution by the justice department as the panel escalates its inquiry into whether Trump oversaw a criminal conspiracy to overturn the 2020 election.
Congressman Jamie Raskin, a member of the select committee who introduced the contempt resolution to the House floor, said the select committee needed the House to advance the measure in order to reaffirm the consequences for defying the January 6 investigation.
Citing a ruling by a federal judge last week that Trump “likely” committed felonies to return himself to the Oval Office for a second term, Raskin said on the House floor that the panel wanted Navarro and Scavino’s cooperation because they engaged in trying to overthrow an election.
But having refused to comply with their subpoenas in any form, Raskin said that “these two witnesses have acted in contempt of Congress and the American people; we must hold them in contempt of Congress and the American people”.
The contempt citations approved by the House now head to the justice department and the US attorney for the District of Columbia, Matthew Graves, who is required by law to weigh a prosecution and present the matter before a federal grand jury.
Should the justice department secure a conviction against the Trump aides, the consequences could mean up to a year in federal prison, $100,000 in fines, or both – though it would not force their compliance, and pursuing the misdemeanor charge could take months.
The subpoena defiance by Navarro and Scavino meant the select committee was ultimately unable to extract information directly from them about Trump’s unlawful scheme to have then-vice president Mike Pence stop Joe Biden’s election win certification on 6 January.
But the panel has quietly amassed deep knowledge about their roles in the effort to return Trump to office in recent weeks, and senior staff decided that they could move ahead in the inquiry without hearing from the two aides, say sources close to the inquiry.
The determination by the select committee that Navarro and Scavino’s cooperation was no longer essential came when it found it could fill in the gaps from others, the sources said, and led to the decision to break off negotiations for their cooperation.
The final decision to withdraw from talks reflected the panel’s belief that it was not worth the time – the probe is on a time crunch to complete its work before the November midterms – to pursue their testimony for potentially only marginal gain, the sources said.
House investigators had sought cooperation from Navarro, a former Trump senior advisor for trade policy who became enmeshed in the effort to reverse Trump’s election defeat, for around a month until it became apparent they were making no headway.
The select committee issued a subpoena to Navarro since he helped devise – by his own admission on MSNBC and elsewhere – the scheme to have Pence stop Biden’s certification from taking place as part of one Trump “war room” based at the Willard hotel in Washington.
Navarro also worked with the Trump campaign’s legal team to pressure legislators in battleground states win by Biden to decertify the results and instead send Trump slates of electors for certification by Congress at the joint session in January 6.
But when that plan started to go awry, Navarro encouraged then-Trump White House chief of staff Mark Meadows to call political operative Roger Stone to discuss January 6, the panel said in its contempt of Congress report published last week.
The former Trump aide, however, told the select committee – without providing any evidence – that the former president had asserted executive privilege over the contents of his subpoena and would therefore not provide documents or testimony.
With Scavino, the select committee first issued Trump’s former deputy White House chief of staff for communications in September last year, since he had attended several meetings with Trump where election fraud matters were discussed, the panel said.
But after the panel granted to Scavino six extensions that pushed his subpoena deadlines from October 2021 to February 2022, the former Trump aide also told House investigators that he too would not comply with the order because Trump invoked executive privilege.
The select committee rejected those arguments of executive privilege, saying neither Navarro nor Scavino had grounds for entirely defying the subpoenas because either Trump did not formally invoke the protections, or because Biden ultimately waived them.
At the business meeting last week where the select committee voted unanimously to recommend that the full House find Navarro and Scavino in contempt of Congress, Raskin delivered an emotional rebuke of the supposed executive privilege arguments.
“This is America, and there’s no executive privilege here for presidents, much less trained advisors, to plan coups and organize insurrections against the people’s government in the people’s constitution and then to cover up the evidence of their crimes.
“These two men,” Raskin said of Navarro and Scavino, “are in contempt of Congress and we must say, both for their brazen disregard for their duties and for our laws and our institutions.”
Attending an event featuring Trump at Mar-a-Lago on Tuesday night, Navarro made a point of appearing aloof to his impending referral to the justice department. “Oh that vote,” Navarro said dismissively, the Washington Post reported.
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