According to experts, “[t]here is great potential for carbon sequestration projects in the
Philippines, primarily due to its biophysical condition and the presence of land areas that could
and should be reforested.”18 It is important to emphasize that the 350 ppm target cannot be
accomplished without this significant drawdown of atmospheric carbon and that such a
drawdown is distinct from reducing emissions. Both CO2 emissions reductions and 100 GtC
drawdown are required to restore climate stability.
It is essential that the Commission declare this scientific standard for protecting the
rights of Filipino children and future generations from the dangerous threats posed by
unabated climate destabilization, threats that have been significantly caused by the actions
and inactions of the Carbon Majors named in the Petition to this Commission. This
standard must guide the investigation of the obligations of Carbon Majors identified by the
Petition to fulfill their human rights obligations and to remedy the human rights violations
suffered by petitioners, Filipino children, and future generations of Filipinos. Carbon
Majors bear substantial responsibility for the climate impacts and human rights violations
already suffered by Filipinos, and must cease infringing upon the rights of Filipino children
and future generations.
There is a small window of opportunity for States and Carbon Majors to take the urgent
science-based action needed to protect human rights and mitigate catastrophic climate change.
However, any further delay increases the danger of passing critical climate tipping points which
would lead to runaway heating and produce survival-threatening changes that would be
irreversible on any time scale relevant to current and future generations of Filipinos. 19 States and
Carbon Majors that continue to allow, through their cumulative action and inaction, global
temperature increases to approach 1.5 ºC or higher, are violating the rights of Filipino children
and future generations and must be held accountable.
By establishing a scientific standard for climate stability and the protection of the
rights of Filipinos, this Commission will not only clarify the human rights obligations owed
to the Filipino people by the Carbon Majors, but will also assist the government of the
Philippines in fulfilling its constitutional public trust obligations to the Filipino people
(discussed in Section III, infra).
http://www.worldagroforestry.org/sea/Publications/files/paper/PP0182-06.pdf; Rodel D. Lasco et al., World
Agroforestry Centre, Credits where credit’s due: a guide to community-level carbon forestry project development
(2014); see also I. A. Janssens et al., The Carbon Budget of Terrestrial Ecosystems at Country-Scale—a European
Case Study, 2 Biogeosciences 15, 23-25 (2005); Robert Lal, Soil Carbon Sequestration Impacts on Global Climate
Change and Food Security, 304 Science 1623, 1623-1626 (2004); Rodale Institute, Regenerative Organic
Agriculture and Climate Change: A Down-to-Earth Solution to Global
Warming, http://rodaleinstitute.org/assets/WhitePaper.pdf (last visited Dec. 6, 2016).
18
Rodel D. Lasco et al., Potential Carbon Sequestration Projects in The Philippines, 131 (2005).
19
Exhibit B, at 3,4. Indeed, models indicate that under a business-as-usual scenario, the effects of anthropogenic
GHG emissions will continue to affect the climate 100,000 years from now. Committee on the Importance of DeepTime Geologic Records for Understanding Climate Change Impacts, Board on Earth Sciences and
Resources; Division on Earth and Life Studies National Research Council, Understanding Earth’s Deep Past:
Lessons for Our Climate Future, 79 (2011), http://www.nap.edu/download/13111 (last visited Aug. 18, 2016).
Our Children’s Trust Amicus Curiae Brief
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