Philippines. Without urgent action on mitigation and adaptation this death toll will
rise with grim inevitability.
In the circumstances it is respectfully submitted that the Honourable Commission’s
investigation into this interference is:
Urgent,
Necessary, and
Well-founded.
4.2 The right to an effective remedy
Accepting that climate change constitutes a grave and growing interference with the
right to life, the people of the Philippines are entitled to an effective remedy in
support of that right (otherwise their rights lack substance).
A range of international instruments regarding environmental law, including
Principle 13 of the Rio Declaration 1992, reinforce this principle of a right to redress:
States shall develop national law regarding liability and compensation for
the victims of pollution and other environmental damage.
4.3 Determining responsibility
Whether or not the Honourable Commission has jurisdiction to require the ‘carbon
majors’ to desist from or to take specific action, its mandate to investigate their
responsibility for the violations is clearly established. Indeed it is only through
undertaking such an investigation that the Honourable Commission will be able to
make appropriate recommendations for securing the right to life of the people of
The Philippines.
It is respectfully submitted that the determination of responsibility falls into 4 parts:
i)
ii)
iii)
iv)
Is the Honourable Commission satisfied that the anthropogenic
emission of greenhouse gases is interfering with the rights to life of
Filipinos?
If so, to what extent are the carbon majors responsible for that
interference (if at all)?
If the carbon majors bear no responsibility, where does responsibility
lie?
In light of the conclusions under (i) to (iii) above, what steps does the
Honourable Commission recommend be taken in order to safeguard
the right to life?
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