The Asia Pacific Forum of National Human Rights Institutions (APF) wishes to congratulate the Commission on Human Rights of the Philippines for their ground-breaking on the issue of ‘Climate Change, the Environment and Human Rights.’

In 2015, a group of civil society organisations and citizens of the Philippines filed a petition with the Commission, asking it to investigate the responsibility of the largest global investor-owned fossil fuel companies for violations of human rights in the Philippines through the climate impacts of their products. The individual petitioners were survivors of Typhoon Yolanda, which killed more than 6,000 people and affected millions in 2013. The 47 investor-owned oil, gas, and coal companies identified in the complaint had been identified in a prior independent study as among the largest contributors to global greenhouse gas emissions since the industrial revolution.

The Commission proceeded with an inquiry Carbon Majors in December 2017. It conducted a series of hearings in the Philippines, New York, and London. Evidence was presented by victims of typhoons in the Philippines, experts on climate change and human rights, and the respondents’ representatives. At COP23 in Bonn the Commission organised a meeting with legal experts to receive technical input on its Carbon Majors inquiry.

Amicus briefs, including one filed on behalf of the APF and the Global Alliance of National Human Rights Institutions presented arguments in support of the Commission’s jurisdiction to hear the case, and provided evidence of when various companies knew about the impacts of their products on climate, as well as of how much storm damage and overall sea-level rise was attributable to climate change. At the 2019 UN Climate Change Conference (COP 25), the Commission presented its initial findings. ‘Carbon Majors’, it argued, had a moral responsibility for human rights impacts linked to climate change and could potentially face civil and criminal liability under national laws, including in the Philippines.

This work of the Commission demonstrates the unique position that National Human Rights Institutions (NHRIs) occupy as independent state actors in the promotion and protection of human rights at the national level and as bridges between the national and international protection of human rights. This makes them essential participants in an effort to address the human rights consequences of climate change and climate action.

The pioneering work of the Commission highlights that climate change and its impacts are one of the greatest challenges of the day, directly and indirectly impacting on the full enjoyment of human rights, including social, economic and cultural rights as well as civil and political rights, the right to development and the right to a healthy environment.

The Commission, through its work, demonstrated that at the national level, NHRIs can:
• Report to and advise government and other stakeholders on a human-rights based approach to climate mitigation and adaptation measures;
• Promote sound policy measures related to climate change and the environment;
• Promote and monitor environmental, social and human rights risk and impact assessments prior to the start of projects;
• Advocate for climate action policies that integrate the expertise of local communities and traditional knowledge of indigenous peoples;
• Include climate change and environmental perspectives in the investigation of complaints and base advocacy and policy advice on the findings;
• Support individuals who are negatively impacted by climate change or mitigation measures to have an effective access to remedy; and
• Advocate protection for environmental human rights defenders, who can face various forms of violence and prosecution.

The Commission has also demonstrated that NHRIs can:
• Play a ‘bridging’ role to support the exchange of information between policymakers, civil society and other stakeholders, including groups most affected by climate change;
• Engage in national, regional and international processes to promote human rights-based action on climate change, including in relation to nationally determined contributions (NDCs) under the Paris Agreement.

It is for each NHRI to determine how its work is relevant to climate action. There is no one size fits all answer given substantial differences among NHRIs worldwide and their mandates and circumstances. However, the Commission of Human Rights of the Philippines has shown us that NHRIs can play an extremely valuable role in addressing the climate change impacts on human rights, including the rights to life, water and sanitation, food, health, housing, equality and non-discrimination, self-determination, culture, development and a clean, healthy and sustainable environment.

The APF wishes to acknowledge the ground-breaking and important work of the Commission. They have provided a model to all NHRIs about what we can– and must–do.

Sincerely,

Mr Kieren Fitzpatrick
Director