Memorandum for the Petitioners|
8
significantly contributed to the warming of the planet, which in turn, has
caused devastating and deadly impacts. The Honorable Commission should
look closely into these Carbon Majors that produce fossil fuels since GHG
emissions from coal, oil, and gas are the main drivers of climate change.
Today, Filipinos are dealing with a human rights crisis that the fossil
fuel industry could have prevented. Instead of “sounding the alarm,” many
of the respondents “went out of their way to becloud the emerging
scientific consensus and further delay changes -- however existentially
necessary -- that would in any way interfere with their multibillion-dollar
profits,” and “[aJll while quietly readying their capital for the coming
fallout.”
Although the Petition primarily discusses climate change, increased
carbon dioxide (CO2) emissions have also been causing the acidification of
the Earth’s oceans, resulting in serious harms. The emissions from fossil fuels
produced by respondents are, therefore, linked to both climate change and
what is now being called its equally “evil twin,” ocean acidification.”
The Petition invoked the Honorable Commission’s investigatory,
recommendatory, and monitoring powers to prevent or curb further violations
of petitioners’ and all Filipinos’ constitutionally-protected human rights
resulting from the impacts of climate change.
Based on the evidence
submitted by the petitioners, the Honorable Commission is empowered to
make findings of fact and law and to issue recommendations.
In this memorandum, the petitioners will lay down the antecedent
proceedings that transpired; the Honorable Commission’s authority to
investigate and grant the reliefs they prayed for; the material facts as
established by evidence, particularly, the climate science and respondent
Carbon Majors’ corporate early knowledge of climate risks and actions and/or
inactions taken in light of the foreseeable harms; and petitioners’ position and
recommendations.
To bolster their position and lay basis to their
recommendations, the petitioners will establish the following:
a)
Climate change is impacting the Philippines and Filipinos
suffer disproportionately from these impacts;
b)
Climate change results in -- and/or threatens — the
impairment, infringement, abuse, and/or violation of the
human rights of the Filipinos;
?6 Opinion and Order, United States District Court for the District of Rhode Island, 22 July 2019, in State of
Rhode Island v. Chevron Corp., Case 1:18-cv-00395-WES-LDA, available at
https://www.courthousenews.com/wp-content/uploads/20 19/07/FullText-29.pdf (last accessed on 12
September 2019).
27 See Part VIII (A and D): Arguments and Discussion section of this memorandum for more elucidation.