2
Cases before courts have been filed under different legal theories of responsibility or
liability, such as those involving tort–a civil wrong consisting of a breach of duty resulting
to an injury.
Many of these court cases are still undergoing trial or are on appeal. And all these efforts
have so far failed to establish judicial consensus on the responsibility of parties in the
context of climate change.
Amidst all the climate-related suits, governments have also been seeking to come
to an agreement to avert irreversible global warming, as exemplified by the
Conference of Parties (CoP) held every year, which, as many of us know, has not been
progressing as effectively as many have been hoping for.
Thus, attempts have been made to explore non-judicial mechanisms for addressing this
concern. One such effort is by framing climate change as a human rights issue and filing a
case on that basis before a human rights institution.
The Inuit people of North America first attempted to establish the nexus between
climate change and human rights in 2005, in an action before the Inter-American
Commission on Human Rights,6 a mechanism under the Organization of American States.
The Inter-American Human Rights Commission, however, refused to consider the case,
holding that the information provided by the Inuit did not enable the Commission to
determine whether the facts alleged characterized a violation of rights protected under
the American Declaration.7
This Petition filed before the CHRP was the second attempt to frame climate change as
a human rights issue and the first to be accepted as such by a National Human Rights
Institution (NHRI) for investigation.
The choice of the Philippines as a venue for the filing of a climate petition was made
significant by the fact that it was the immediate past Chair of the Climate Vulnerable
Forum at the time of filing.
6
Petition to the Inter-American Commission on Human Rights Seeking Relief from Violations
Resulting from Global Warming Caused by Acts and Omissions of the United States, filed in
December 2005.
7
Resolution of Petition, No. P-1413-05.