b. There is a legal framework in place to provide redress and deterrence for violations. viii) The ‘polluter’ should pay for the social and environmental costs of their pollution (where ‘polluter’ may be defined as the economic agent playing a decisive role in the pollution); ix) As long as a company has ‘materially contributed’ to the pollution causing a particular harm, that company may be said to have ‘caused’ the harm. 9. Remedies The Honourable Commission has the responsibility of making recommendations to ensure the survival of The Filipino People. It is respectfully submitted that the Honourable Commission, subject to its findings on responsibility and accountability, consider making the following Recommendations: A. That the Government of the Republic of The Philippines develop and implement a nationwide adaptation programme, grounded in projections of future temperature and sea-level rises that are as accurate as possible24, to include a public awareness campaign explaining the projected future risks. B. That the Government of the Republic of the Philippines enforce its state rights through the international courts, seeking judicial recognition of its status as a carbon creditor, with a view to securing the funds to support necessary mitigation and adaptation efforts. B. That a review is conducted of the current domestic legal framework to ensure that where the rights of Filipino people are adversely affected by climate change, the victims can claim compensation directly from ‘polluters’ (eg the principal economic operators profiting from the production and supply of fossil fuels). The framework should incorporate ‘the effects doctrine’, and promote ‘access to justice’, recognizing the public interest in facilitating such claims. In Brazil, for example, the Constitution grants any citizen the right to bring a legal action to protect the environment, providing that such action will not incur judicial costs unless it has been brought in bad faith. 24 See, for example, the Carbon Budget Accounting Tool (CBAT), which supports, interrogation of scientific projections with a view to precautionary, risk-based policy development under conditions of uncertainty (http://www.gci.org.uk/CBAT_AUBREY/CBAT/index.html#domain-1). 54