61
visible from his house, have been reduced by 80 percent due to runoff flooding.292
This example of loss of biodiversity, together with other instances of degradation of
ecological processes previously discussed, diminishes the capacity of the environment
to provide life-sustaining services, consequently impacting human well-being and the
enjoyment of human rights. Dalia Naliw, a culture bearer from Ifugao, thus shared:
“Within our surroundings, we could get fruits, herbal medicines, and vegetables that
sprouted in our yard before. We used them and cooked them for our viand. This time,
these are slowly diminishing.”293
This disruption in the rhythm and harmony of nature may best be summed by Felix
“Ka Jhun” Pacua, Jr., a farmer and national spokesperson for Pambansang Katipunan ng
Makabayang Mambubukid, when he said that “the weather is getting senile”.294
xi. Rights of Future Generations and Intergenerational Equity
Numerous international instruments recognize intergenerational equity. Among
these are the 1992 Rio Declaration, which stresses that “the right to development
must be fulfilled so as to equitably meet developmental and environmental needs
of present and future generations;”295 and the UNESCO declaration which
states that “the present generations should strive for sustainable development
and preserve living conditions, particularly the quality and integrity of the
environment” so that the future generations benefit from the Earth’s ecosystems.296
The UNFCCC also calls on Parties to “protect the climate system for the benefit of
present and future generations of humankind, on the basis of equity and in accordance
with their common but differentiated responsibilities and respective capabilities.”297
More recently, the Paris Agreement, emphasized the responsibility of States to
consider intergenerational equity in taking action to address climate change. In the
Philippines, the concept of intergenerational equity is well-entrenched in the right to
292
Lowell Factor, Fact-Finding Mission Verde Island Passage, at 32.
293
T.S.N. of the Third Inquiry Hearing dated 29-30 August 2018, p. 183.
294
Id. at 77.
295
Rio Declaration, supra note 242, princ. 3.
296
United Nations Educational, Scientific and Cultural Organization, Declaration on the Responsibilities
of the Present Generation Towards Future Generations (Adopted by the General Conference
of the UN Educational, Scientific and Cultural Organization) (Nov. 12, 1997), art. 3, available at
https://unesdoc.unesco.org/ark:/48223/pf0000110220.page=75.
297
United Nation Framework Convention on Climate Change.
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