Memorandum for the Petitioners \ 163
enterprises. The Honorable Commission should recommend that the
Philippine Congress adopt and implement legislation that provides effective
remedies to people suffering harm and “exact accountability from non-state
actors,” including the respondent Carbon Majors.741
9.25. To put this into fruition, the Honorable Commission should
recommend the Philippine Congress adopt a Climate Justice Act . In light of
the significant contribution of oil, gas, and coal companies to anthropogenic
climate change and its adverse effects, the need to extend accountability for
human rights violations to private persons or entities is well-established
human rights law. 742 Furthermore, the Honorable Commission should
acknowledge that “the right to a remedy is an inalienable human right of all
Filipinos and that the Philippines has undertaken international obligations to
ensure this right.» 743
C
9.26. The Honorable Commission can take into consideration a
Climate Compensation model shared by expert witness Dr. Margaretha
Wewerinke-Singh entitled, “ Taking Climate Justice into Our Own Hands: A
Model Climate Compensation Act .»744
9.27. Based on well-established legal principles, the Act, among
others, should clarify:
r
a)
The causes of actions;.745
b)
Jurisdiction (national courts have jurisdiction over
climate-related damages occurring within their
national boundaries);746
c)
communities,
individuals,
(e.g.
Plaintiffs
Indigenous Peoples, local governments);747
d)
Defendants (e.g. major producers and emitters);.748
e)
Causation (Model Act suggests, “evidence that
climate change has doubled the likelihood of that
type of event occurring will be sufficient to show on
Rosales, L., TSN dated 11 -12 December 2018, p. 89, supra note 667.
See Exhibit “TTTTTTTTT to “TTTTTTTTT 9,” Statement of Resource Person, Dr. Margaretha
Wewerinke-Singh, dated 03 December 2018, p. 5.
743
Id. p. 6.
744
Exhibit “WWWWWWWWW” to “WWWWWWWWW-50 ” Gage, A. and Wewerinke Singh, M.
( December 2015), Taking Climate Justice into Our Own Hands: A Model Climate Compensation Act.
745
See Exhibit “TTTTTTTTT to ‘TTTTTTTTT 9 ” supra note 742.
746
Id. pp. 6-7.
747
Ibid. p. 7.
748
Ibid. pp. 7-8.
741
742
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