Submission in Support of Petitioners
Case No. CHR-NI-2016-0001
and protected without discrimination of any kind.128 Recognizing that certain
groups are more likely to endure violations of their human rights (e.g., women,
children, and indigenous peoples), the UN has established more detailed
frameworks for the protection of these groups – specifically: The Convention on
the Elimination of All Forms of Discrimination Against Woman (CEDAW), the
Convention on the Rights of the Child (CRC), the Convention on the Rights of
Persons with Disabilities, and the UN Declaration on the Rights of Indigenous
Peoples.
The OHCHR has recognized that the negative impacts of climate change
“will disproportionately affect individuals, groups and peoples in vulnerable
situations, including women, children, older persons, indigenous peoples,
minorities, migrants, rural workers, persons with disabilities, the poor, and those
living in vulnerable areas (e.g., small islands, riparian and low-lying coastal zones,
arid regions, and the poles).”129 The IPCC has similarly found that “people who are
socially, economically, politically, institutionally or otherwise marginalized are
especially vulnerable to climate change.”130 The vulnerability of these groups is a
product of both heightened exposure to climate change impacts as well as limited
capacity to adapt to those impacts.
In the Philippines, farmers and fishermen – some of the poorest groups (with
poverty incidences of 45% and 50% respectively) – are particularly vulnerable to
the impacts of climate change due to their high dependence on natural resources
that are affected by climate change and their lack of resources to adapt, e.g., by
finding new livelihoods.131 These groups have already been disproportionately
affected by sudden-onset disasters such as Typhoon Haiyan,132 as well as more
gradual changes brought about by climate change (e.g., reductions in precipitation
and rising ocean temperatures).133 People living in informal urban settlements are
also among the most vulnerable to climate change, due both to the direct impacts
of climate change and the additional pressure placed on urban systems and
128
ICESCR Art 2(2); ICCPR Art. 2(1).
OHCHR, The Rights of Those Disproportionately Impacted by Climate Change (2016) at 1.
130
IPCC WGII (2014), supra note 8, at 6.
131
World Bank (2013) supra note 41, at 13.
132
See FAO, Severe Damage to Agriculture and Fisheries After Haiyan (Nov. 12, 2013); OXFAM &
NFR, Rebuilding Fishing Communities and Fisheries: Post-Haiyan Reconstruction in the Philippines,
Joint Agency Briefing Note (Feb. 12, 2014).
133
See Dennis Jay Santos, El Niño hits Philippines Farmers with Drought, Rats, IRIN (Feb. 19, 2016);
Greenpeace, Philippines Seas in Crisis: Imminent Threats from Climate Change, Pollution and
Overfishing (Oct. 25, 2012); Pierre Fidenci, Colossal Coral Bleaching Kills up to 95% of Corals in the
Philippines, MONAGABAY, Sept. 23, 2010.
129
Sabin Center for Climate Change Law, Columbia Law School
24
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents