privacy, to freedom of thought, conscience and religion, to freedom of opinion and
expression, to peaceful assembly and to freedom of association.390
Possible Impacts of Climate Change on the Right to Culture
The enjoyment of culture, by majority or minority populations within a State, can be
threatened by climate change in numerous ways, particularly insofar as the culture is linked
to the natural environment. An illustrative example is the well-known 2005 petition
presented by the Inuit Circumpolar Conference against the United States of America before
the Inter-American Commission on Human Rights (IACHR). Among other violations, the
petitioners alleged that the United States was responsible for the impact of climate change
on the right to culture of the Inuit of the Canadian and Alaskan Arctic under Article XIII of
the American Declaration of the Rights and Duties of Man.391
The petitioners’ arguments illustrate in a more general way how drought, ecosystem
disruption, the disappearance of snow or ice, and other weather modifications can have
important impacts on the enjoyments of the right to culture. The petitioners claimed that the
Inuit have been severely prejudiced by climate change in that their livelihood, culture and
subsistence rely extensively on climatic conditions. The petition affirms that “All aspects of
the Inuit’s lives depend upon their culture, and the continued viability of the culture depends
in turn on the Inuit’s reliance on the ice, snow, land and weather conditions in the Arctic.”392
More specifically, the petitioners argued that climate change has altered the arctic
environment, and provoked “deteriorating ice conditions, decreasing quantity and quality of
snow, unpredictable and unfamiliar weather, and a transfigured landscape.”393 They claim
that these phenomena have affected the Inuit’s subsistence harvest, travel, safety, hunting,
capacity to process and store food, capacity to process hides, access to clean drinking water,
health and diet, education, homes, cultural sites, and communities. As a result, they claim
that climate change has undermined the traditional Inuit way of life and permanently
damaged their culture.394
On November 16th, 2006 the IACHR, declared the petition impossible to process. It
informed the petitioners that “the information provided does not enable [the IACHR] to
determine whether the alleged facts would characterize a violation of rights protected by the
American Declaration.”395 The IACHR nonetheless granted the petitioners their request to
participate in thematic hearings in 2007 on the topic “Global Warming and Human
Rights.”396
10.2 Understanding the Right to Culture in the Context of Climate
Change Mitigation Policies
The protection of cultural rights in mitigation policies is often an issue, in particular when
large land use projects (such as REDD-related projects or large hydroelectric projects) affect
Indigenous and local communities. For example, hydroelectric projects frequently result in
the mass displacement of communities. The dispersal of such communities may negatively
impact their enjoyment of the right to culture, particularly in the case of Indigenous peoples,
who often have a special cultural and spiritual relationship to their land.
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