July 11, 2003
ICC to launch human
rights petition on global warming
Does lack of action
on climate change affect Inuit rights?
JIM
BELL
The Inuit Circumpolar Conference
has decided to launch a legal action on global warming that, if successful,
could break new ground in international law.
After meeting in Nome,
Alaska, late last month, ICC's executive council authorized the development
of a petition to the Inter-American Commission on Human Rights. The petition
will ask the commission to declare that "human-induced climate change infringes
upon the environmental, subsistence, and other human rights of Inuit."
ICC
Chair Sheila Watt-Cloutier: "The whole process of this human rights petition
is to be able to put us on the political map." (FILE PHOTO)
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Sheila Watt-Cloutier, ICC's
chair, said her organization's executive council is doing this to draw attention
to man-made global warming, and the threat that it poses to the Inuit homeland
and the Inuit way of life.
"What other recourse
do we have, the Inuit of the world, if our governments are not going to act
as urgently as we want them to? A tangible example here is that the U.S. is
not signing on to the Kyoto Accord, and Russia either. So what other recourse
do Inuit have? As elected people we really have to be looking for ways that
we can propel our issues forward and raise awareness of what's happening in
the Arctic," Watt-Cloutier said.
Computer models generated
by climate change experts have predicted that most of the permanent ice in the
Arctic Ocean will disappear between 2050 and 2070, and that most of the Arctic
will be ice-free in the summer.
The ICC believes this will
prevent Inuit from exercising their harvesting rights, and will open up the
Northwest Passage to commercial ships carrying cargo, minerals, and oil and
gas, creating new environmental threats to American, Canadian and Greenlandic
offshore areas.
But Watt-Cloutier says
Inuit are getting increasingly frustrated in their efforts to get this message
across to decision-makers in the world's capitals.
"When you're only
150,000 Inuit, it's not an easy task when you're up against millions who want
to keep the status quo," Watt-Cloutier said.
The Inter-American Commission
on Human Rights, or IACHR, is an arms-length body that operates under the Organization
of American States.
Since 1965, the commission
has processed about 12,000 human rights cases, many of them involving allegations
of mass murder, torture and arbitrary imprisonment made by victims of state
terror in countries like Argentina, El Salvador and Guatemala. The body has
also dealt with land rights cases brought forward by indigenous peoples throughout
the Americas.
The commission may also
refer cases to the Inter-American Court of Human Rights, a sister organization
based in San José, Costa Rica.
Watt-Cloutier said that
while in Washington, D.C., earlier this year, she discussed the idea of a human
rights-based petition with lawyers at the Centre for International Environmental
Law.
"They were very open
about this, and they said these issues merit bringing a petition to the Inter-American
Commission to claim that kind of a connection to human rights, and that the
connections are very strong there."
She said the ICC approached
the issue with caution at first, because relations between Inuit and environmental
groups have not always been friendly.
"Our board has always
been cautious about who we deal with on these issues," Watt-Cloutier said.
"We're cautious when lawyers say they're looking for a client, because
we don't want to be used without agreeing to be used, per se, where there is
mutual use of each other's agendas."
They're also getting support
from Lloyd Axworthy, a former foreign affairs minister in Jean Chrétien's
government who was a strong backer of the eight-nation Arctic Council. Axworthy
has told ICC that he will provide political and fundraising support to help
them with the petition.
"He was keen on helping
us in this area," Watt-Cloutier said.
Another ally is James Anaya,
an aboriginal lawyer who works at the University of Arizona's college of law.
"He [Anaya] feels
that it would really be breaking new ground, he really felt that, and that it
warrants moving ahead," she said.
Watt-Cloutier said the
initiative could change as ICC moves ahead with it. "It could be that this
will shift. You know, it's not in cement. But the whole process of this human
rights petition is to be able to put us on the political map."
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