Submission in Support of Petitioners
Case No. CHR-NI-2016-0001
realization of the right to development, and states have a corresponding to duty to
protect the right to development against infringement by non-state actors.123
As discussed above, climate change will make it considerably more difficult
for governments and people to pursue forms of development in which all human
rights and fundamental freedoms can be fully realized. It will interfere with key
economic sectors and government services, including energy, water services,
transport, agriculture and livestock, forestry, fisheries, and tourism, and degrade
the natural resource base that many people depend on for their lives and
livelihoods. Access to food, water, and housing will all be impaired. And countries
will not enjoy full sovereignty over the management of their natural resources,
insofar as these resources will be impaired by climate change.
In these ways, climate change poses a serious barrier to sustainable
development, particularly in countries like the Philippines that will experience the
brunt of its negative impacts.124 The costs of climate change impacts will be
enormous in the Philippines, both in terms of monetary damages and damages to
human lives and livelihoods. The Philippines has already suffered major economic
losses as a result of severe typhoons over the past decade (e.g., Typhoon Haiyan
caused approximately $2 billion in damages).125 The Asian Development Bank
(ADP) estimates that, under a business-as-usual emissions trajectory, the
Philippines will suffer a mean loss of 2.2% of gross domestic product (GDP) by
2100 when market impacts only (mainly related to agriculture and coastal zones)
are considered, a 5.7% loss if non-market impacts (mainly related to health and
ecosystems) are included, and a 6.7% loss if catastrophic risks are considered. 126
7. Right to Equality and Non-Discrimination
The UDHR recognizes that “[a]ll human beings are born free and equal in
dignity and rights” and that “[e]veryone is entitled to all the rights and freedoms
set forth in this Declaration without distinction of any kind.”127 The ICCPR and
ICESCR similarly recognize that the rights enumerated therein must be exercised
123
OHCHR, Frequently Asked Questions on the Right to Development, Fact Sheet no. 37 (2016) at 4-5.
Press Release, World Bank, Philippines: Climate Change a Fundamental Threat to Development (May
23, 2014), http://www.worldbank.org/en/news/press-release/2014/05/23/climate-change-a-fundamentalthreat-to-development-world-bank.
125
Philippines National Disaster Risk Reduction and Management Council, Final Report on Effects of
Typhoon “Yolanda” (Haiyan) (2014).
126
ADB, THE ECONOMICS OF CLIMATE CHANGE IN SOUTHEAST ASIA: A REGIONAL REVIEW (2009) at 82.
127
UDHR Arts. 1 and 2.
124
Sabin Center for Climate Change Law, Columbia Law School
23
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents