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Inuit petition

Inuit petition . Petition to the Inter-American Commission on Human R ights seeking relief for violations resulting from global warming caused by acts and omissions of the US. About the Inuit.

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Inuit petition

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  1. Inuit petition Petition to the Inter-American Commission on Human Rights seeking relief for violations resulting from global warming caused by acts and omissions of the US

  2. About the Inuit • Indigenous people in Arctic regions of Alaska, Canada, Greenland (Denmark) and Chukotka in North Eastern Russia • Approximately 160 000 Inuit • Common culture characterized by dependence on subsistence harvesting (marine and terrestrial); now mix of cash-based and subsistence economies • The Inuit Circumpolar Conference (ICC): NGO representing the Inuit across all four countries, founded in 1977 • Petitioners: Inuit from the US and Canada

  3. About the Inuit • Indigenous people in Arctic regions of Alaska, Canada, Greenland (Denmark) and Chukotka in North Eastern Russia • Approximately 160 000 Inuit • Common culture characterized by dependence on subsistence harvesting (marine and terrestrial); now mix of cash-based and subsistence economies • The Inuit Circumpolar Conference (ICC): NGO representing the Inuit across all four countries, founded in 1977 • Petitioners: Inuit from the US and Canada

  4. Climate change in the Arctic • Substantial increase in ice loss from the Greenland ice sheet • Annual mean Arctic sea ice extent down by 3.5 to 4.1 % since 1979; summer sea ice down by 9.4 to 13.6 % • Northern Hemisphere early spring snow cover extent decreased 1.6 % per decade since 1967 • Permafrost temperatures up by 3°C in parts of Northern Alaska • “Very substantial Arctic warming since the mid-20th century”, at faster rate than elsewhere (the world´s health barometer) • IPCC projections: • The Arctic region will continue to warm more rapidly than the global mean • Arctic sea cover will continue to shrink; almost ice free Arctic Ocean in September before mid-century? Source: IPCC, 2013

  5. Impact on Inuit • Communication and hunting made difficult due to changes in ice and snow conditions (access and safety) • Transfigured landscape (slumping, landslides, erosion); effects on homes and settlements • Increase in storms due to loss of sea ice • Fish stock deterioration due to decreased water levels in rivers and lakes • Health of marine species, risk of extinction (Arctic Climate Impact Assessment, 2004) • Increased in sun and temperature related illnesses Fears that subsistence culture may cease to exist altogether

  6. Alleged HR violations

  7. Inter-American Human Rights System • Organization of American States (OAS) gathers 35 countries of the Americas – including the US and Canada • Respect for human rights is one of OAS’s basic principles • Main human rights instruments are: • American Declaration of the Rights and Duties of Man (1948) • American Convention on Human Rights (1978) – US is not a party • Two main HR bodies: the Commission and the Court

  8. Inter-American Commission on HR Mandate: “to promote the observance and protection of human rights in the Americas” (art. 106 OAS Charter) Functions: 1. monitoring of the human rights situation in the Member States (through visits for example); 2. priority thematic areas; 3. the individual petition system.

  9. The Petition System • WHO: individuals, groups or organizations • FOR WHAT: alleged violations of the human rights contained in the American Declaration, the American Convention, and other inter-American human rights treaties. • AGAINST: aState that may be responsible for violating human rights by: • action(as a result of an act by the State or its agents), • acquiescence(as a result of the tacit consent of the State or its agents), or • omission(as a result of the State or its agents failing to take action when they should have done so). Result: a recommendation (non-binding) to the State OR send the case for further processing by the Court (when the State has accepted its contentious jurisdiction)

  10. The Inuit Petition • When: filed in 2004 • Petitioners: ICC chair (Sheila Watt-Cloutier) on behalf of herself, 62 named individuals and all Inuit of the Arctic regions of the US and Canada • Responding State: the US –not party to the Convention but yes member to the OAS, hence the rights and obligations of the Declaration apply and the Commission can exercise jurisdiction • Violations alleged: rights contained in the Declaration with strong emphasis on the rights of the Inuit as indigenous peoples.

  11. Legal outcomes of the Petition • The Commission did not consider the petition because “the information it provided was insufficient for making a determination” • Rejected an invitation from the ICC to come to theArtic to gather more information • The Commission called for a hearing in 2007 in Washington to “address matters raised by the petition without revisiting the petition itself”

  12. Legal Issues Extraterritorial obligations: petitioners from various countries contribute to highlight the extraterritorial responsibility of the US (or any other country) for human rights violations Prohibition of Transboundaryharm: states are responsible for acts within their territory that cause harm to persons outside their territory or jurisdiction. Attribution: can the alleged violations be attributed to an act or omission of the State? In 2004, the US was considered to be responsible for 25% of global emissions of GHG and had failed to reduce them. Exhaustion of domestic remedies: petitioners claim there are no effective available remedies in the US and Canada - principle of sovereign immunity: policy and regulation of GHG emissions is discretion of government and not subject to tort law ( US Clean Air Act does not provide an avenue for individual complaints) - Lack of constitutional protection for the rights that the Inuit are claiming

  13. Political outcomes of the Petition • Aim of petition to seek dialogue and raise public awareness • Awareness raising: • Climate change can result in human rights violations • Indigenous people are especially affected • The situation in the Arctic • Steptowardsbridgingthe gap between human rights and climate/environmentalinstitutions

  14. Links Petition: http://www.inuitcircumpolar.com/files/uploads/icc-files/FINALPetitionICC.pdf Centre for International Environmental Law (CIEL) and Earthjusticebrief: http://www.ciel.org/Publications/COP10_Handout_EJCIEL.pdf CIEL Inuit case website: http://www.ciel.org/Climate_Change/Climate_Inuit.html 2007 IACHRHearingonClimateChange and Human Rights (video): http://www.oas.org/es/cidh/audiencias/Hearings.aspx?Lang=en&Session=14

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