Republic of the Philippines Commission on Human Rights
CHR-NI-2016-0001 In Re: National inquiry on the impact of climate change on
the human rights of the Filipino People
Statement of Resource Person: Dr Margaretha Wewerinke-Singh,
Assistant Professor, Grotius Centre for International Legal Studies
at Leiden University*
I am honored to provide this statement, and to appear via video-link before the
Philippine Commission on Human Rights as part of its final public hearing (11-12th
December 2018). The petitioners have invited me to serve as an independent
resource person to the Commission, and to share my expertise on a Climate
Compensation Act that clarifies the principles of liability for large-scale greenhouse
gas emitters, and which could be enacted by countries around the world. A copy of
my Curriculum Vitae is appended to this statement.
The first part of my statement discusses the right to a remedy under international
human rights law, drawing on my book State Responsibility, Climate Change and
Human Rights under International Law (forthcoming with Hart Publishing). In the
context of climate change, one way in which States can give effect to the right to a
remedy is through a Climate Compensation Act. The second part my statement
therefore concerns the possible form and effect of a Climate Compensation Act.
I.
The Right to a Remedy
The widespread destruction and loss of life resulting from typhoon Yolanda
illustrates the massive implications of climate change for the enjoyment of human
rights in the Philippines. International human rights law is prima facie relevant to
climate change because its impacts, as well as measures to respond to climate
change, have consequences for the enjoyment of internationally recognised human
rights. Indeed, the link between climate change and human rights has been
articulated in multilateral forums, by various human rights treaty bodies, 1 and by the
Conference of the Parties (COP) to the United Nations Framework Convention on
Climate Change (UNFCCC). 2 The United Nations Human Rights Council has now
* I am grateful to Sarah Mead for her assistance with preparing this statement.
1
See, eg: UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), General
Recommendation No. 37 on Gender-Related Dimensions of Disaster Risk Reduction in the Context of Climate
Change (UN Doc CEDAW/C/GC/37, 7 February 2018); CEDAW, Statement of the CEDAW Committee on Gender
and Climate Change, adopted at 44th Sess held in New York, USA, from 20 July to 7 August 2009; African
Commission on Human and Peoples’ Rights (ACHPR), ‘Climate Change and the Need to Study Its Impacts on
Africa’, ACHPR/ Res153 (XLVI)09, adopted at the 46th Ordinary Session (25 Nov 2009); ACHPR, ‘Climate
Change in Africa’, ACHPR/ Res271, adopted at the 55 th Ordinary Session (12 May 2014); ACHPR, ‘Climate
Change and Human Rights in Africa’, ACHPR/Res342 (LVIII), adopted at the 58 th Ordinary Session (20 April
2016); Inter-American Commission for Human Rights, 'IACHR Concludes Its 141st Regular Session' available at
www.cidh.oas.org/Comunicados/English/2011/28-11eng.htm.
2
United Nations Framework Convention on Climate Change (UNFCCC), ‘Paris Agreement’ (adopted 12 December
2015, entered into force 4 November 2016) UN Doc FCCC/CP/2015/L.9/Rev.1 (Paris Agreement), preambular
para 11 (stating that that Parties ‘should, when taking action to address climate change, respect, promote and
consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local
communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to
development’) and UNFCCC, Decision 1/CP.16, UN Doc FCCC/CP/2010/7/Add.1 (15 March 2011) preambular