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

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