Philippines Commission on Human Rights
Greenpeace, Filipino NGOs, and citizens
Greenpeace, Filipino NGOs, and citizens
In 2013, the Philippines experienced so many typhoons that meteorologists exhausted the alphabet in naming them. The severe typhoons culminated in the devastating Typhoon Haiyan. This catastrophe, displacing millions and causing billions in damages, underlined the nation’s vulnerability to climate change. In response, Filipino NGOs and citizens, led by Greenpeace, rallied to hold accountable the major contributors to climate change – the Carbon Majors, which include industry giants like BP, Shell, Chevron and ExxonMobil.
In 2015, they petitioned the Philippines Commission on Human Rights (“CHRP”) to investigate the human rights implications of climate change and assess whether the Carbon Majors violated the rights of the Filipino people. They argued that these corporations, by fueling climate change, encroached upon fundamental rights such as those to life, health and self-determination. Drawing on international human rights treaties and the UN-endorsed Guiding Principles on Business and Human Rights, the petitioners demanded accountability. Despite challenges to its jurisdiction, the CHRP embarked on a comprehensive investigation, engaging in community dialogues, conducting fact-finding missions and holding public hearings over two years, resolutely pursuing justice for those affected by climate-related human rights violations.
The Commission’s announcement at the United Nations climate negotiations (“COP25”) in 2019 sent shockwaves as it declared that major fossil fuel companies, including the forty-seven Carbon Majors, could be held both legally and morally accountable for human rights implicated in climate change. While acknowledging the current limitations of international human rights law in addressing corporate liability for climate damage, the investigation highlighted the moral responsibility of Carbon Majors for rights violations arising from their greenhouse gas emissions. Furthermore, the Commission found that existing civil law in the Philippines offered grounds for legal liability. There was a potential for criminal liability, particularly in cases of obstruction and deliberate obfuscation.
The report underscored the need for strong domestic legislation establishing climate change liability, putting responsibility on individual states. Additionally, it emphasized that corporations must respect human rights, as outlined in the Guiding Principles, and fulfill their due diligence duty, mitigating the potential harms of activities. The Commission’s inquiry process, gathering evidence from impacted communities, scientists, legal experts and researchers, provided a wealth of information on the human rights implications of climate change and the role of Carbon Majors. The evidence laid a foundation for future litigation and efforts to establish liability for climate change impacts, challenging the culture of corporate impunity and indifference.
In its 2022 Final Report, the Commission further reinforced the responsibilities of corporations to protect human rights, extending the obligation to all entities within corporate value chains. It highlighted the Carbon Majors’ historical knowledge of the adverse impacts of their products on the environment and their engagement in misinformation campaigns to impede climate action. The report provided recommendations for Carbon Majors and other carbon-intensive industries, directing them to disclose the results of due diligence and take concrete actions to mitigate greenhouse gas emissions, finance necessary measures and transition to clean energy. Moreover, it called on governments, financial institutions and international bodies to discourage fossil fuel dependence, strengthen the implementation of the Guiding Principles, provide redress mechanisms for victims of business-related human rights violations and emphasize the responsibility of businesses in addressing climate change.