Submission in Support of Petitioners
Case No. CHR-NI-2016-0001
Those who are displaced temporarily as a result of extreme weather events
will frequently return to homes that are destroyed or no longer habitable.117
Permanently displaced persons will face even bleaker prospects: they may be
secure adequate and permanent housing a timely manner, the options for
resettlement will probably be highly restricted, and there is no guarantee that they
will be given any restitution for the loss of their housing, land, and property.
Displacement due to sea level rise is a major concern in the Philippines, due
to the rapid increase in sea levels (which, as noted above, is five times the global
average) and the number of people who live on the coast.118 More severe typhoons
and floods have been and will continue to be a significant driver of displacement as
well. Decreased agricultural yields and inadequate job opportunities in the
agricultural sector may also result in migration from rural to urban areas in the
Philippines, putting additional pressure on already depressed urban areas and mega
cities.119
6. Right to Self-Determination and Development
The ICESCR and ICCPR recognizes that “[a]ll peoples have the right to
self-determination” and “[b]y virtue of that right they freely determine their
political status and freely pursue their economic, social, and cultural
development.”120 The UN General Assembly affirmed this principle when it
adopted the 1986 Declaration on the Right to Development, which stated that the
“right to development is an inalienable human right by virtue of which every
human person and all peoples are entitled to participate in, contribute to, and enjoy
economic, social, cultural and political development, in which all human rights and
fundamental freedoms can be fully realized.121 The Declaration also recognized
that the right of peoples to self-determination includes “the exercise of their
inalienable right to fully sovereignty over all their natural wealth and resources.”122
Private actors, as well as states, have a duty to create conditions favorable to the
117
SHERWOOD ET AL., (2014), supra note 30.
H. Brecht et al., Sea-level rise and storm surges: High stakes for a small number of developing
countries, 21(1) JOURNAL OF ENVIRONMENT DEVELOPMENT 120 (2012)
119
PAGASA (2011), supra note 10, at 50.
120
ICESCR Art. 1(1); ICCPR Art. 1(1).
121
Declaration on the Right to Development, Art. 1(1).
122
Id. Art. 1(2).
118
Sabin Center for Climate Change Law, Columbia Law School
22
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents