Tag Archives: inuit

The Right to be Cold: Global Warming and Human Rights (M. Wagner)

Author(s)

Martin Wagner

Keywords

Climate Change, Human Rights, Indigenous People, Inuit, The Right to Be Cold, Cultural Rights

Excerpt

The relationship between global warming and human rights is something that is beginning to be talked about now, but six or seven years ago no-one had made the connection.  I am going to explore the relationship through the context of some work I have done with the Inuit people of the Arctic regions of the world, and in particular a case that I have brought on their behalf. I want you to remember that this connection between global warming and human rights is not limited by any means to the people of the Arctic; there are potential human rights implications of global warming everywhere around the world.
{…]
So you have the Inuit culture that depends on the ice, snow and cold and you have the effects of global warming in the Arctic. It all raises the question: Is there a human right to be cold? Or to make it more global, is there a human right, for example, to be dry? Let me explain about why I think there is a connection between human rights and global warming. The first thing to remember is that international law and the international community recognise a special place for indigenous people in the community of nations and the special responsibility of nations. But in particular, international human rights recognises that there is a connection between indigenous people and the territory that they occupy and depend on for their livelihood and for their culture that is special and it needs to be
maintained and protected. That is relevant because many of the most vulnerable communities that are being affected first by global warming are indigenous communities.

Citation

(2007) in Human Rights 2007, The Year in Review, Smith and Contini (Eds) (Monash Castan Centre for Human Rights Law, 2008)

Paper

The Right to be Cold: Global Warming and Human Rights (Pre-Publication Conference Paper)

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Getting over the Hump: Establishing A Right to Environmental Protection for Indigenous Peoples in the Inter-American Human Rights System (T. Thompson)

Author

Travis Thompson

Keywords

Human Rights, International Law, Human Right to a Healthy Environment, Environmental Protection, Inter-American Human Rights System, Indigenous People, Inuit

Excerpt

Introduction
Climate change is threatening the traditional way of life for indigenous peoples and the Inter-American Human Rights System  declines to combat this growing problem by refusing to acknowledge a right to environmental protection for indigenous peoples. The Inter-American Human Rights System has thus effectively cut off the possibility of remedying the harms suffered by indigenous peoples as a result of climate change. Because the problems that indigenous peoples face place them at the intersection of human rights and environmental law, an acknowledged right to environmental protection is crucial to their ability to sustain their customary way of life. Until recently, many scholars simply felt that a right to environmental protection did not exist.  Inaction based on this assertion, however, becomes increasingly difficult to justify given the number of treaties, declarations, and decisions by domestic, regional, and international bodies specifically acknowledging such a right. Without acknowledging a right to environmental protection, and more importantly, without providing effective means to remedy environmental abuses in the international community, indigenous peoples will continue to be marginalized and ultimately may not be able to protect their time- honored way of life.
Using the Inuit tribe as a principal example, Part I of this paper will demonstrate the unique impact climate change has on indigenous peoples. Part I will begin by identifying the effects of climate change which already strain this indigenous community’s relationship with its traditionally inhabited land After mentioning the anticipated challenges the Inuit face in …

Citation

(2009) 19 Journal of Transnational Law and Policy 179

Paper

Getting over the Hump: Establishing A Right to Environmental Protection for Indigenous Peoples in the Inter-American Human Rights System

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Human Rights Violations and Climate Change: The Last Days of the Inuit People? (S. Nuffer)

Author

Sarah Nuffer

Keywords

human rights violations, climate change, Inuit, Arctic, vulnerability, responsibility, future generations, United Nations, native groups, indigenous people

Excerpt

INTRODUCTION

The climate is changing. There is little debate left with regard to this statement. However, the world is still grappling with what exactly this change means. The Secretary General of the United Nations, Ban Ki-moon, recently stated that he is “convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations.” 3 Global Climate Change (“GCC”) has the potential to affect the world’s most developed groups, however, the people whose lives will likely be changed most by GCC are those who have “contribute[d] the least to greenhouse emissions.” 4

One of the groups that will be most affected by GCC are the Inuit of the Arctic region. There is a large degree of certainty that the Arctic’s climate is changing and as a result the Inuit people are being forced to change their way of life, their cultural identity, and in some cases, they are being forced to leave their ancestral lands. While the Inuit people must pay the “highest price … [and] are directly threatened by these rapid climatic changes” 5 because of their traditional way of life, they contributed little to GCC. This unfortunate paradigm, that those most affected by GCC are not responsible for its creation, is a theme that runs tragically true for many native people that lead a traditional and near carbon-free life. This Note will explore the effects of GCC on the Inuit people …

Citation

(2010) 37 Rutgers Law Record 182.

Paper

Human Rights Violations and Climate Change: The Last Days of the Inuit People?

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Inuit Perceptions on the Adaptability of Land Claims Agreements to Accommodate Environmental Change (Konstantia Koutouki and Natasha Lyons)

Author(s)

Konstantia Koutouki and Natasha Lyons

Keywords

Climate change, adaptation, land claims, Inuit

Abstract

Integrating case studies, the legal and anthropological perspectives of the authors, and the expertise of Inuit collaborators from three Arctic regions, this paper provides a broad perspective on how the Inuit perceive the relationship between climate change adaptation and land claims agreements.

Citation

Koutouki, K. & N.Lyons, N., ‘ Canadian Inuit Speak to Climate Change: Inuit Perceptions on the Adaptability of Land Claims Agreements to Accommodate Environmental Change’ CISDL Legal Working Paper Series on Climate Change Law and Policy (December 2007)

Paper

Canadian Inuit Speak to Climate Change: Inuit Perceptions on the Adaptability of Land Claims Agreements to Accommodate Environmental Change

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Beyond Dialectics of Climate Change & Indigenous Peoples’ Rights (H.M. Osofsky)

Author

Hari M. Osofsky

Keywords

Climate change, Inuit peoples

Abstract

This symposium essay will focus on these questions by exploring the intersectional nature of the Inuit petition. The piece will break apart the petition to uncover the relational dynamics imbedded in it. In particular, this essay will rely upon two conceptual approaches to dissect the petition: (1) a law and geography perspective and (2) an exploration of the limits of dialectical analysis. Through this unpacking process, the piece attempts to engage what might constitute progress on climate change and indigenous peoples’ rights.

Part II will use geographic analysis – examining the way in which key actors and claims tie to place – to illustrate the many places, individuals, and entities interacting through the filing of this petition. For the purposes of this discussion, the piece uses “place” to refer to physical location, “space” to refer to the socio-political and legal structures, and “scale” to refer to the level of governance. This part is thus “geographical” because it locates the actors physically, socially, and politically.

Part III builds from that analysis – and Watt-Cloutier’s own geographic framing of the petition – to consider how these complex relationships might help build bridges. It engages the extent to which the petition creates links across several types of divisions generally recognized in the law, such as the one between public and private. In particular, this part explores the limitations of dialectical analysis with respect to substantive categories, legal structures, and legal approaches that occur within this petition.
The piece concludes with some reflections on the extent to which this kind of advocacy strategy in general – and this petition in particular – can be part of much- needed progress in protecting the rights of indigenous peoples. It discusses the ability of this petition to address legitimacy problems embedded in interactions between the international legal system and indigenous peoples, and what might constitute a “win” in this context.

Citation

(2006-2007) 31 American Indian Law Review 675

Paper

The Inuit Petition as a Bridge? Beyond Dialectics of Climate Change and Indigenous Peoples’ Rights

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