Memorandum for the Petitioners 1161
D.4. In order to remedy past and existing
human rights abuses and violations
of the rights of the Filipino people
resulting from climate change , the
respondent Carbon Majors’ plans
must:
E.
r
r
a)
Communicate commitments to abide by the “Polluter
pays” principle;739 and
b)
Provide a mechanism to pay their fair share of the costs of
climate-related damages and climate change adaptation.740
The Honorable Commission should
monitor respondent Carbon Majors
on an ongoing basis and report
whether
on
periodically
respondents’ actions are consistent
with both international and national
human rights laws and requirements
9.19. Petitioners respectfully submit that the Honorable Commission’s
mandate to monitor human rights violations in the context of climate change
includes not only the victims, but also those responsible for human rights
harms (e.g., the respondent Carbon Majors). Thus, in addition to the
aforementioned guidelines for monitoring, which can similarly be adopted for
respondent Carbon Majors and other business enterprises or entities that
contribute to climate-related human rights harms, the Honorable Commission
should ensure an ongoing monitoring of the activities of the respondents and
said entities and periodically report their actions and /or inactions that are not
consistent with both international and national human rights laws and
requirements.
Center for International Environmental Law, ClientEarth , Asia Pacific Forum of National Human
Rights Institutions & Global Alliance of National Human Rights Institutions, Environmental Law Alliance
Worldwide, Dr . James E. Hansen, Our Children fs Trust , Maastricht Principles Drafting Group (Olivier De
Schutter, Asbjom Eide, Ashfaq Khalfan , Rolf Kiinnemann, Jemej Letnar Cemic , Marcos A . Orellana, Ian
Seiderman , Bret Thiele), Sabin Center for Climate Change Law, Columbia Law School , Dr . Kevin
Trenberth, Joint Summary of the Amicus Curiae Briefs, supra note 50, p. 59.
740
See similar recommendation for remediation: Knox, J ., TSN dated 27-28 September 2018 , p . 110, supra
note 511 and Serrano, S ., TSN dated 23 -24 May 2018, supra note 445 , p. 145 .
739
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