Memorandum for the Petitioners |145
A.
The Honorable Commission should
issue a finding on the responsibility
of the respondent Carbon Majors for
human rights impacts, impairments,
infringements,
abuses,
and/or
violations resulting from the effects
of climate change in the Philippines
9.4.
The petitioners implore the Honorable Commission to issue a set
of findings in its final Resolution that will support Filipino communities
seeking and achieving climate justice. Based on the evidence and testimonies
gathered during the course of the National Inquiry, the Honorable
Commission, with due respect, should consider issuing this ultimate finding:
impacts,
The respondent Carbon Majors are responsible for
impairments,
infringements,
abuses,
and/or
violations of the human rights of the Filipinos, resulting from
the effects of climate change.
Through the extraction,
marketing, and sale of coal, oil, and gas, and through past
and current actions and/or inactions that have or continue to
undermine climate science and solutions, the respondent
Carbon Majors have and continue to directly and indirectly
contribute to past, current, and future climate-related human
rights abuses suffered by the Filipino people.
The respondent Carbon Majors have failed to fulfill
their legal responsibility to respect and protect human rights
by failing to avoid or actively contributing to adverse
climate-related human rights impacts through their own
activities and failing to address such harms when they occur
by providing remedy. The respondent Carbon Majors have
also failed to fulfill their legal responsibility in preventing,
mitigating, and/or remedying the adverse climate-related
human rights impacts that are directly linked to their
operations, products or services through their business
relationships.
The respondent Carbon Majors have a responsibility
to urgently a) mitigate all climate pollution from their
products and operations; b) remediate and compensate for
losses and damages in the Philippines; and c) fund climate
preparedness efforts in the Philippines. Continued failure of
the respondent Carbon Majors to take these steps is unlawful
and harms the fundamental human rights of the Filipino
people.
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