In Re Greenpeace Southeast Asia and Others

In 2018, the Commission on Human Rights of the Philippines started hearing a petition seeking to hold the investor-owned “Carbon Majors” (oil, natural gas, coal and cement companies) accountable for contributing to global emissions of greenhouse gases fueling climate impacts resulting in human rights harms. This is the world’s first national human rights investigation of its kind, brought by a coalition of 14 organizations, including Greenpeace Southeast Asia-Philippines, along with Filipino farmers, fisherfolk, human rights advocates, typhoon survivors, artists and concerned citizens.

On December 9, 2019, the Commission announced its finding that major fossil fuel companies could be held liable for climate change impacts.

The Commission is expected to deliver its final report in 2021. A positive outcome for the petitioners would be groundbreaking. Unlike lawsuits seeking compensation for damages, the national inquiry is focused on preventing further harm and could result in recommendations to policymakers and legislators concerning corporate responsibility for the climate crisis.

Background
In 2013, Richard Heede published a paper linking just 90 fossil fuel and cement manufacturing entities to 63% of cumulative worldwide emissions of greenhouse gases since the dawn of the industrial revolution. This paper, as well as typhoon Haiyan which wreaked havoc in the Philippines in 2013, was the impetus for a coalition of 14 organizations to file a petition with the Philippines Commission on Human Rights. The petitioners asked the Commission to investigate two issues: “the human rights implications of climate change and ocean acidification and the resulting rights violations in the Philippines” and “whether the investor-owned Carbon Majors have breached their responsibilities to respect the rights of the Filipino people.”

The Commission engaged in fact-finding hearing throughout 2018 in the Philippines, New York City, and London.

Ruling
On December 9, 2019, on the sidelines of COP 25 in Madrid, the Commission announced its finding that major fossil fuel companies could be held liable for climate change impacts. The Commission also found the relevant criminal intent may exist to hold companies accountable under civil and criminal laws, in light of certain circumstances involving obstruction, willful obfuscation and climate denial.

The Commission is expected to deliver its final report in 2021.

Takeaways
This is the first time ever that a human rights body has stated that fossil fuel companies can be found legally and morally liable for harms linked to climate change.

The Commission also found that people affected by climate change and whose human rights have been dramatically harmed must have access to remedies and access to justice. Simply put, big polluters and other corporations have the responsibility to protect human rights as we face the climate emergency.

Links

 * Sabin Center Database
 * Grantham Research Institute
 * Greenpeace Philippines
 * The Philippines Commission on Human Rights summary of the inquiry
 * Joint Summary of the Amicus Curiae
 * Philippines Climate Case Could Find Fossil Fuel Companies Violate Human Rights - Climate Docket
 * Carbon Majors Can Be Held Liable for Human Rights Violations, Philippines Commission Rules - Climate Docket
 * Philippines Human Rights Commission delivers landmark decision, holding the Carbon Majors accountable for climate damages – Updated
 * Carbon Majors: Accounting for carbon and methane emissions 1854-2010 Methods & Results Report (Richard Heede, 2014)
 * https://www.openglobalrights.org/toppling-modern-day-goliaths-in-fight-against-climate-polluters/