Richard Sieg

March 2, 2007

On March 1, 2007, Martin Wagner, the Earthjustice managing attorney and representative of the Inuit Circumpolar Conference (ICC), testified before the Inter-American Commission on Human Rights to convince the Commission that the United States is violating the human rights of Inuit people by failing to take action on climate change. The Artic, because of its location and culture, has been disproportionately hit in comparison to other locations by the effects to climate change. The ICC represents more than 150,000 Inuit.

The Inuit had filed a petition to the Commission to review against the United States role in global climate change and its affect on the human rights of Inuit. The Commission is an arm of the Organization of American States (OAS), which is a multilateral forum of 35 Western Hemisphere nations in order to strengthen democracy promote human rights and confront shared problems. The OAS initially turned away the Inuit's Petition, holding that there was "insufficient evidence of harm." However, on February 1, the OAS changed its position and set the March 1 hearing date.

The Inuit originally alleged that the U.S. contribution to climate change and its obstructive response violate international law. According to the original petition, many of the dangers currently facing the Inuit – retreat of protective sea ice, impaired access to vital resources, loss of homes, and other infrastructure – are the direct result of human rights violations committed by the U.S. Wagner testified that the commissions and omissions by the U.S. and their effects have infringed on three international human rights of the Inuit: the rights of indigenous peoples; the right to use and enjoy property without undue interference; and, the rights to life, physical integrity and security.

Wagner also testified that international law is the proper forum for this dispute. "One of the most fundamental norms of customary international law is, in the words of the International Court of Justice, ‘every State's obligation not to allow knowingly its territory to be used for acts contrary to the rights of other States.' Because the emission of greenhouse gases in one State causes harm in other States, this norm provides context for assessing States' human rights obligations with respect to global warming."

Wagner argued that strong presumption exist that, under international law, nations are obligated to work within the international framework to correct human rights violations. Furthermore, he argued that the state obligations do not stop there. "Because States' human rights obligations are independent of their obligations under the UN Framework system, States must work to ensure that the international system is strong enough to fully protect human rights. If they are unable to do so through global collaboration, they must take the individual steps necessary to avoid contributing to human rights violations through their own actions or the actions of private entities under their jurisdiction."

Sources:

Press Release, Earthjustice, Global Warming & Human Rights Gets Hearing on the World Stage Earthjustice Managing Attorney Martin Wagner gives testimony before the Inter-American Commission on Human Rights (Mar. 1, 2007), available at http://www.earthjustice.org/news/press/007/global-warming-human-rights-gets-hearing-on-the-world-stage.html.

Andrew C. Revkin, Inuit Climate Change Petition Rejected, N.Y. Times, Dec. 16, 2006, at A9, available at http://www.nytimes.com/2006/12/16/world/americas/16briefs-inuitcomplaint.html.

Lauren Morello, Climate: OAS grants hearing on Inuit warming complaint, E&ENews PM, Feb. 6, 2007, at www.eenews.net/pm.

Inuit Circumpolar Conference, 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 (Dec. 7, 2005), available at http://www.earthjustice.org/library/legal_docs/petition-to-the-inter-american-commission-on-human-rights-on-behalf-of-the-inuit-circumpolar-conference.pdf.