3
The Philippines is visited by around twenty typhoons every year. In 2013, it had the misfortune
of being battered by one of the strongest typhoons in recorded history, Super Typhoon
Haiyan (local: Yolanda), which caused the death of at least six thousand people within just a
few hours from landfall.8 To date, we have yet to fully recover from its devastating impacts,
even as we continue to suffer from the onslaught of other extreme weather events.
Aside from presenting climate change as a human rights case, the Petition highlighted a novel
assertion, which was that private business enterprises, not just States, have the obligation
to respect and uphold human rights, as advocated under the United Nations Guiding Principles
on Business and Human Rights (UNGP-BHR). The Petition prayed that the “Carbon Majors” be
held responsible for their contribution to climate change, which, as alleged, was negatively
impacting the human rights of the Filipino people.
When this Petition was filed before us, there was truly no established legal precedent–as
there still is none to date–to help us navigate the case. Our Commission lacked, as well,
the financial and human resources necessary to handle an undertaking of such magnitude.
Indeed, following the refusal of the Inter-American Commission on Human Rights to hear
the case of the Inuit ten years earlier, nobody would have questioned the CHRP had it
refused to take cognizance of the case.
Some of those who were impleaded in the Petition–the big privately-owned oil companies or
the so-called “Carbon Majors”–asked our Commission to dismiss the Petition, arguing that
we were not a court of law, but just a human rights institution. They contended that we had
no jurisdiction to conduct hearings involving allegations of liability. Or that, even if we had
the jurisdiction to conduct such hearings, we had no jurisdiction to consider the subject
matter of climate change, which they thought to be not within the realm of civil and political
rights. They strongly argued that the Philippine Constitution only allowed our Commission
to investigate cases involving civil and political rights.
We explained that all human rights are interrelated, interdependent, and indivisible; that
one cannot consider civil and political rights separately from economic, social and cultural
rights.We pointed out that such was humanity’s evolving understanding of, and consciousness
about, human rights.
8
National Disaster Risk Reduction and Management Council, Final Report re Effects of Typhoon
“YOLANDA” (Haiyan) (2013) available at http://ndrrmc.gov.ph/attachments/article/1329/FINAL_
REPORT_re_Effects_of_Typhoon_YOLANDA_(HAIYAN)_06-09NOV2013.pdf (last accessed Nov.
20, 2019).