Amicus Curiae Brief presented by
ClientEarth
21 November 2016
links between the exercise of fundamental civil and political rights and the changes in
the physical environment caused by human greenhouse gas emissions. Moreover,
the Commission should directly consider expert evidence from climate scientists
studying the likely physical impacts of climate change in the Philippines.
37. Accordingly, if the Commission accepts that climate change can affect and interfere
with fundamental civil and political rights in the Philippines, then it is empowered to
investigate the causes of that interference under the Philippines Constitution.
Furthermore, the Philippines is bound by its own human rights obligations to offer a
remedy to victims of human rights violations.32 Based on this assessment, the
Commission unambiguously possesses the necessary subject matter jurisdiction to
consider the Petition.
3.4 Prayer for relief sought
38. Importantly, the Petition recognises the scope and nature of the powers and
functions of the Commission and does not request that the Commission exercise any
judicial power in respect of the human rights violations or threats of violations alleged
in the Petition. The Petitioners simply request the Commission make a finding of
factual causation in respect of the Carbon Majors contributions to climate change,
and their consequent responsibility for human rights violations and/or threats of
violations in the Philippines.
32
OHCHR, Understanding Human Rights and Climate Change, Nov 2015, available at
http://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf
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