Memorandum for the Petitioners 1103
thing , that it is our human right as farmers to have secure
food , secure land to farm, and house to sleep. But because
of the current climate change, we lose food to eat, land to till,
and house to live in. . . 466 (Emphasis supplied)
8.88. Climate change may also affect food production in the
Philippines through increases in the incidence and outbreaks of pests and
diseases, increases in extreme weather events and flooding, and declines in
fishery productivity.467
7.
The right to water and sanitation468
8.89. The UN General Assembly has recognized that all persons have
a “right to safe and clean drinking water and sanitation that is essential for the
full enjoyment of life and all human rights v 469 According to IPCC
projections, climate change will significantly reduce surface water and
groundwater resources, as well as increase the frequency of droughts in
presently dry areas.470
,
r
8. 90. Climate change affects the right to water due to the decreased
availability of freshwater through reductions in precipitation, increased
evapotranspiration resulting from higher temperatures, sea level rise, which
will contribute to saltwater intrusion into freshwater aquifers, and more
intense storms, rainfall , and flooding, which can lead to contamination of
freshwater sources.471 This can lead to competition over water supplies for
human consumption, agriculture, and other uses.
r
8.91. Freshwater scarcity, flooding, and sea-level rise can also
adversely affect sanitation systems (e.g., when wastewater treatment plants
flood or when sufficient water is not available for hygienic needs). In
addition, extreme weather events often affect water and sanitation
Pascua Jr., F., TSN dated 27-28 March 2018., p. 79, supra note 459.
Joint Summary of the Amicus Curiae, supra note 50, p. 25.
468
Several national constitutions protect the right to water or outline the general responsibility of the State
to ensure access to safe drinking water and sanitation for all. Internationally, the human right to safe
drinking water was not recognized by the UN General Assembly and the Human Rights Council as part of
binding international law in 2010. The human right to sanitation was explicitly recognized as a distinct
right by the UN General Assembly in 2015. ICESCR, Art 11; CEDAW, Art 14(2)(h); and CRPD, Art
28(2)(a). See also CRC, Art 24(2)(c). 48; HRC, Report of the Independent Expert on the Issue of Human
Rights Obligations related to Access to Safe Drinking Water and Sanitation, Catarina de Albuquerque, UN
Doc A/ HRC/12/24 (1 July 2009); GA Res 64/292, The Human Right to Water and Sanitation, UN Doc
A /RES/64/292 (28 July 2010). HRC Res 15/9, Human Rights and Access to Safe Drinking Water and
Sanitation, UN Doc A/ HRC/RES/ 15 /9 (6 October 2010); CESCR, Statement on the Right to Sanitation, UN
Doc E/C.12 /2010/ 1 ( 19 November 2010), para. 8; and CESCR, General Comment No 15, UN Doc
E/C. 12/2002/ 11 (26 November 2002), para . 1 (hereinafter, “General Comment No 15”).
469
Joint Summary of the Amicus Curiae, supra note 50, p. 24, UN General Assembly Res. 64/292 (29 July
2010 ), The Human Right to Water and Sanitation, para. 1.
470
IPCC AR 5 WGIII, Chapter 3: Freshwater Resources, p. 232, available at
https://www.ipcc.ch/site/assets/ uploads/2018/02 / WGIIAR5-Chap3_FINAL.pdf (last accessed on 12
September 2019).
471
Joint Summary of the Amicus Curiae, supra note 50, p. 24.
466
467
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