Amicus Curiae Brief presented by
ClientEarth
21 November 2016
Climate Change Commission (CCC) under the Climate Change Act of 2009 as
amended by the Republic Act 10174. In fact, the Secretary of the CCC Emmanuel
De Guzman said recently that:
"building climate-resilient communities is a moral imperative to help preserve the
basic human rights of the poor and the marginalized who are most vulnerable to
extreme weather events...adaptation, mitigation, and risk reduction are moral
imperatives and clearly social justice in action. Building the resilience of our
communities, especially the vulnerable poor and the marginalized, allows them
not only to preserve their basic rights but also presents opportunities to thrive
despite weather extremes and rising sea levels."30
35. Section 2 of Rule 2 of the Omnibus Rules of Procedure gives the Commission the
power to investigate not only past human rights violations, but “threats of violations”.
Thus, the Commission may consider future threats to human rights posed by the
current and ongoing emissions of greenhouse gasses from the operations and
products of the Carbon Majors. This power is of crucial and critical relevance to this
investigation and the recommendations of the honourable Commission, which should
aim at preventing future human rights violations and impacts in the Philippines.
36. Although, inherently, some uncertainty remains regarding the exact nature and
extent of the projected physical effects of climate change31 in the Philippines, the
scale of the risks is clear. The Petition provides significant evidence regarding the
30
http://climate.gov.ph/15-press-release/146-ccc-climate-change-is-a-human-rights-issue
The scientifically accepted physical effects of climate change include a rise in average global surface temperatures, a rise in sea levels, continued
ocean acidification, and an associated and related increase in extreme weather events, including heat and rainfall events, including tropical storms.
31
19