No doubt, the duty of Philippine courts is to give force and effect
to the prohibitions, regulations and obligations found in
multilateral environmental agreements, whether or not they have
been transposed into local laws. 114
This is even more relevant in the light of increasing environmental challenges that are
transboundary in nature such as climate change; and where domestic laws are traditionally
limited to regulating and addressing problems within national boundaries such as in the
Philippines. Therefore, the Petitioners appeal for the Honourable Commission’s wise, novel and
courageous investigation to hold accountable the big, powerful, multinational Carbon Majors for
the human rights implications of climate change and ocean acidification.
Conclusion
In summary, what we, the Petitioners, are saying, is that the production of fossil fuels by
the Carbon Majors has been found to be primarily responsible for large amounts of greenhouse
gases. The concentration of said gases, especially carbon dioxide in the atmosphere, causes
climate change. An estimated 25-30% of the carbon dioxide already emitted by these activities
has been absorbed by the oceans, causing ocean acidification.
The adverse impacts of climate change and ocean acidification brought harm or pose the
threat of harm to people, on top of or in addition to damage resulting from natural disasters.
These harms resulting from the impacts of climate change and ocean acidification affect the
exercise and enjoyment of Filipinos’ human rights to (a) to life; (b) to the highest attainable
standard of physical and mental health; (c) to adequate food; (d) to water (e) to sanitation; (f) to
adequate housing; (g) to self-determination; and (h) the human rights of marginalized and
disadvantaged groups particularly vulnerable to the effects of climate change, including (1)
women; (2) children; (3) persons with disabilities; (4) those living in extreme poverty; (5)
indigenous peoples; (6) displaced persons; and, (7) workers; as well as the right of Filipinos to
development. Whether or not the Respondent Carbon Majors should be held accountable for the
human rights implications of climate change and ocean acidification is what we ask the
Honourable Commission.
Why do we ask?
114
In a public lecture on environmental law and protection at the Graduate School of the University of Sto. Tomas,
Manila, Nov. 20, 2010.
29
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