There are three different bases on which the Honourable Commission may hold the
carbon majors responsible for violations of human rights consequent on
anthropogenic climate change:
i)
ii)
iii)
The Carbon Majors have breached directly the human rights of the
Filipinos, including the right to life;
The Carbon Majors have acted in breach of a duty of care regarding
the impacts of their activities on The Philippines;
The Carbon Majors are accountable for the damage caused by their
products, according to the principle of ‘the polluter pays’.
The three bases above are not mutually exclusive: indeed the Honourable
Commission may conclude that all three apply concurrently. Common to all three,
however, is a requirement to establish a causal relationship between the acts and
omissions of the carbon majors, and the interference with the rights of Filipinos. The
analysis below will therefore proceed as follows:
it will consider the different considerations applicable to (i) to (iii) above;
it will consider the acts and omissions potentially relevant to all of the above;
and then
consider the issue of causation, relating to all of the above.
6.1 The horizontal application of human rights – the direct obligation of carbon
majors to avoid interference with the right to life
The Petition appropriately refers to the UN Human Right’s Council’s ‘Guiding
Principles on Business and Human Rights’.
The obligation on private parties to respect the human rights of Filipinos, and the
Commission’s jurisdiction to investigate violations committed by such parties, is
apparent from Rule 3 of the Omnibus rules:
Rule 3, Section 2: To determine whether civil and political rights have been
violated, are being violated … by … private person or entity.
Rule 3, Section 3: The objectives of investigation and monitoring of economic,
social and cultural rights violations or situations are: to determine the rights
violated by State or non-state actors, including private entities and
individuals.
Further Rule 7, Section 3 is explicit that the Commission’s jurisdiction to investigate
relevant interferences of relevant rights applies no matter where the violation
occurs:
… violations involving civil, political, economic, social or cultural rights and/or
threats thereof that affect the underprivileged and/or other vulnerable or
19