Maldives SubmissionTeresita AcedoMeglena Antonova Monica Camacho

April 10, 2013

Introduction

•Background and context

•Specific human rights violated

•Role of International Community

Background and Context

Human Rights Council issued a Resolution calling on the Office of the High Commissioner for Human Rights to perform a study on the relationship between human rights and climate change

Maldives

• Composed of 1,192 islands in the North Indian Ocean

• About 80% of the islands are less than 1 meter above sea level

• Only 203 islands are inhabited• 96% of all islands are smaller than 1 km2

• Population totals roughly 300,000 people, and about one third is concentrated in Male’, the capital

Climate Change Impacts

• Sea-level rise• Increases in sea and surface

temperatures• Increases in the intensity of extreme

weather events• Changes in precipitation

Human Rights Council Resolutions on Climate Change and Human

Rights

• March 2008: Resolution 7/23

• March 2009: Resolution 10/4

• September 2011: Resolution 18/22

Scope of Maldives’ obligations under HRs Conventions

• Primary duties – ICCPR; ICESCR; CRC; CEDAW

• Constitution

Collective Rights

• Right to Self-determination and to a means of subsistence (Articles 1 ICCPR & 1 ICESCR; Articles 1 & 55 UNC)

Individual Rights• Civil and Political Rights

– Right to life (Article 6 ICCPR)– Right to property (Articles 15 and 16 CEDAW; Art 15(2) ILO 169;

Article 1, ECHR Protocol 1)• Economic, Social and Cultural Rights

– Right to food (Article 11 ICESCR)– Right to housing (Article 11.1 ICESCR; Article 14.2 CEDAW)– Right to health (Article 12 ICESCR)– Right to water (implied in Article 11 ICESCR; Article 24 CRC; Article

14.2 CEDAW)– Right to work (Articles 6, 7, 8 ICESCR)– Other (education, etc.)

Procedural Rights

• Right of access to Information (Article 19 UDHR and ICCPR; Article 6 UNFCCC)

• Right of participation in decision-making (Articles 21 UDHR and 25 ICCPR; Article 6 UNFCCC)

• Right to emedy (Article 8 UDHR and Article 14 ICCPR; Rio Principles 10 and 13)

Safeguarding Rights

Safeguarding rights during implementation of Mitigation and Adaptation Measures• Moving away from processes that release GHG emissions may

pose serious threat to the enjoyment of HRs• Effects of undermining the rights of individuals• Solution: need for adequate planning and careful

consideration of HRs; consistency with principle of non-discrimination

• Measures taken to ensure relocation is voluntary

Safeguarding Rights

Safeguarding rights during natural disaster• IDP concept • CC exacerbates the likelihood and intensity of disasters that

lead to internal displacement and migration• Solution: strengthening the normative and institutional

frameworks for protection of IDPs; clarifying the scope of obligations of both national and international actors

• Need to both take measures to prevent displacement and to minimize its adverse effects

The role of the international community

In order to ensure that the rights of the Maldives´ people are protected in accordance with the HR instruments, the international community has the duty to:• Limit emissions to scientifically-agreed safe levels (self-determination)

• Ensure that they implement their obligations under existing CC agreements

• Provide funding for adaptation measures that are essential to the fulfillment of fundamental economic, social, and cultural rights

• Take steps to ensure that private actors within their jurisdiction do not violate the rights protected by the HR instruments

The role of the international community

• Take into account international HR obligations in negotiations addressing CC

• Ensure that activities under their jurisdiction or control do not result in the violations of the rights recognized in customary international law: self-determination, non-discrimination, and the right to life

• Take the lead in combating climate change and its adverse effects: Common but differentiated responsibilities. UNFCCC/KP

• Recognize the precautionary approach

• Develop and publish national inventories of greenhouse gas emissions and sinks, implement national programs, etc.

The role of the international community

In the Maldives the implementation of adaptation measures has been made with the support of the international community, but they are insufficient to fully protect HR from the threat of CC.

Most of the international support has come in response to the catastrophic damages of a tsunami in 2004, rather than in the form of climate change specific adaptation fund, and is not enough to respond to the still emerging impacts of CC.

Further measures are necessary as sea-levels rise and warming continues as projected by the scientific consensus.

Kingdom Under Change

Maldives Islands - Kingdom under Change video

Questions?

Thank you for your kind attention!