Categories
2021 Children and young people Domestic court Right to a healthy environment Right to life Right to property Separation of powers United States of America

Reynolds and Others v. Florida

Summary:
In this case, eight young people asserted that the “deliberate indifference” of the US state of Florida, its Governor Ron DeSantis, and other state agencies had violated their “fundamental rights of life, liberty and property, and the pursuit of happiness, which includes a stable climate system”. On 9 June 2020, the Circuit Court for Leon County dismissed their case, finding that it could not grant the relief requested in light of the separation of powers clause contained in the state’s constitution. The claims in question were considered nonjusticiable because they “are inherently political questions that must be resolved by the political branches of government.”. On appeal, on 18 May 2021, the First District Court of Appeal rejected the applicants’ appeal, affirming the lower court’s finding that the lawsuit raised nonjusticiable political questions.

Further information:
Both the Circuit Court’s judgment and the Court of Appeals’ affirmation of the first-instance judgment can be found at www.climatecasechart.com.

Categories
2021 Canada Children and young people Class action Domestic court Non-discrimination Right to a healthy environment Right to life

ENVironnement JEUnesse v. Canada

Summary:
In 2018, the environmental NGO ENvironnement JEUnesse applied for leave to bring a class action case against the Canadian government on behalf of citizens of Québec aged 35 and under. The NGO sought a declaration from that the Canadian government had violated its obligation to protect these citizens’ fundamental rights under the Canadian Charter of Rights and Freedoms and the Québec Charter of Rights and Freedoms by setting insufficent greenhouse gas reduction targets and by failing to create an adequate plan to reach these targets. Specifically, they invoked their rights to life, to a healthy environment, and to equality. On 11 July 2019, the Superior Court of Quebec dismissed the motion to authorize the institution of a class action, finding that the proposed class, with its 35-year age limit, had been created arbitrarily. An appeal by ENVironnement JEUnesse was denied on 13 December 2021.

Remedies sought:
As well as a declaratory judgment, the NGO sought punitive damages and an order to cease interference with the plaintiffs’ rights.

Judgment:
In their judgment of 13 December 2021, the three judges of the Court of Appeal dismissed the appeal and denied the certification of the proposed class. They referred to the role of the legislature in making the complex social and economic choices required here. They also considered that the remedies sought by the applicants were not specific enough to be implemented by a court. Lastly, the judges upeld the previous instance’s finding concerning the arbitary constitution of the class, with its 35-year age limit.

Further procedural steps:
The applicants announced that they would launch an appeal to the Supreme Court of Canada.

Further reading:
The judgment of the Court of Appeal (in French) can be found below.

The declaration of appeal can be found here.

Categories
Children and young people Domestic court Emissions reductions Germany Paris Agreement Private and family life Right to a healthy environment Right to life

Luca Salis et al. v. Sachsen-Anhalt

Summary:
This constitutional complaint was brought by three young people against the German State (“Bundesland”) of Sachsen-Anhalt in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. It is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten Bundesländer. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. The state abandoned efforts to adopt such a law after an initiative in this regard failed in 2013, relying on the Paris Agreement and the German Constitution. Like in the eleven related cases, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselves against future rights impacts caused by the lack of climate measures.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:

18 January 2022

Suggested citation:
German Bundesverfassungsgericht, Luca Salis et al. v. Sachsen-Anhalt, Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

Lemme et al. v. Bayern

Emma Johanna Kiehm et al. v. Brandenburg

Alena Hochstadt et al. v. Hessen

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Leonie Frank et al. v. Saarland

Tristan Runge et al. v. Sachsen

Jannis Krüssmann et al. Nordrhein-Westfalen (NWR)

Cosima Rade et al. v. Baden-Württemberg

Matteo Feind et al. v. Niedersachsen

Links:

For the decision in German, see here.

Categories
Children and young people Domestic court Emissions reductions Germany Paris Agreement Right to a healthy environment Self-determination

Marlene Lemme et al. v. Bayern

Summary:
This case is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten German States (“Bundesländer”). It was brought by ten youth plaintiffs concerning the codification of the adjusted climate goals brought about in response to the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. According to the applicants, in their constitutional claim, the German States (“Bundesländer”) share responsibility for protecting their lives and civil liberties, along with those of future generations, within their spheres of competence. They argue that the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement, and that they have a fundamental right to defend themselvse against future rights impacts caused by the lack of climate measures.

The Bavarian Climate Protection Act (Bayerisches Klimaschutzgesetz) aims to reduce greenhouse gas emissions by 55% compared to 1990 levels by 2030. It also aims to achieve net zero emissions by 2050, and requires Bavaria to offset emissions after 2030. This has been implemented through a climate protection program. According to the plaintiffs, the lack of a deadline of adaptation strategy, and the failure to provide differentiated targets or instruments for implementation of compliance, mean that the Bavarian law falls short of the Federal requirements on climate protection measures.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of various freedoms guaranteed under the domestic Constitution, especially those in Art. 2(1) of the German Constitution (right to free development of one’s personality), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:
18 January 2022

Related proceedings:
In addition to the constitutional proceedings, a subsidiary popular complaint has been brought by the same group of applicants to contend that the Bavarian Climate Protection Act (Bayerisches Klimaschutzgesetz), along with the wider regulatory context, is in violation of constitutional rights.

Suggested citation:
German Bundesverfassungsgericht, Marlene Lemme and Nine Other v. Bavaria, constitutional complaint of 30 June 2021.

For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

Emma Johanna Kiehm et al. v. Brandenburg

Alena Hochstadt et al. v. Hessen

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Leonie Frank et al. v. Saarland

Tristan Runge et al. v. Sachsen

Jannis Krüssmann et al. Nordrhein-Westfalen (NWR)

Cosima Rade et al. v. Baden-Württemberg

Matteo Feind et al. v. Niedersachsen

Categories
Biodiversity Brazil Deforestation Indigenous peoples rights Indigenous peoples' rights International Criminal Court Right to a healthy environment Right to culture Right to health

The Prosecutor v. Bolsonaro

Summary:
On 12 October 2021, the Austrian NGO AllRise, which advocates for interests linked with the environment, democracy, and the rule of law, submitted a communication to the International Criminal Court in the Hague concerning acting Brazilian President Jair Bolsonaro. Although NGOs cannot initiate proceedings before the ICC, the Prosecutor can do so proprio motu (Art. 15(1) Rome Statute), and the communication’s aim is to convince the Prosectuor to do so regarding President Bolsonaro’s policy on the Amazon rainforest.

AllRise contends that the Bolsonaro government’s socio-economic policy has put the lives of environmental advocates at risk, and has dismantled the protections of the environment that were previously available under domestic law, which as facilitated the activities of criminal networks. By failing to prosecute the perpetrators of environmental crimes and undermining the protection of the climate, human health, and justice, AllRise argues, the Bolsonaro government has committed crimes against humanity, as proscribed by the Rome Statute of the ICC.

The NGO’s communication is supported by the Climate Observatory (Observatório do Clima), a network of 70 Brazilian civil society organizations.

Human rights claims:
AllRise argues that ‘these Environmental Dependents and Defenders have been and continue to be the subject of Crimes Against Humanity through severe deprivations of their fundamental and universal right to a healthy environment (also known as R2E) and other human rights related thereto’ (para. 15). It likewise invoked the rights of indigenous peoples, arguing that ‘[t]he destruction of the rainforest and the rivers of the Amazon has a devastating impact on the traditional, cultural and spiritual way of life of Indigenous peoples and others who depend upon the forest’ (para. 164). The NGO also describes the background of attacks and violence against environmental activists and human rights defenders (paras. 201-208).

More information:
To read the full complaint, click here.

Categories
2021 Brazil Deforestation Domestic court Emissions reductions Paris Agreement Right to a healthy environment

Laboratório do Observatório do Clima v. Minister of Environment and Brazil

Facts of the case:

This is a class action suit brought before the 7th Federal Environmental and Agrarian Court of the Judiciary Section of Amazonas, by a network of 71 civil society organizations against the Environmental Ministry and the Brazilian Government. The petitioners allege that the respondents are committing a systematic violation of the right to an ecologically balanced environment as well as Brazil’s obligation under the Paris Agreement by- failing to update and implement Brazil’s ‘National Policy on Climate Change’ pursuant to the federal climate legislation, especially in the face of the updates in IPCC’s 6th Assessment Report; downgrading the ambition in Brazil’s ‘Nationally Determined Contributions’ communication under the Paris Agreement; failing to address the problem of deforestation in the Amazon; disproportionately favouring and intensifying the use of fossil fuel over renewable sources in its energy sector; and reducing the powers and capabilities of institutions for environmental protection that make up the national system for environmental protection and climate control, and thereby paralysing the accountability processes.

The reliefs sought by the petitioners include a declaration of non-compliance with constitutional law, and a mandatory injunction. As for the latter, the respondents ask for the preparation of an updated National Policy on Climate Change which takes into consideration all sectors of the economy, is in strict compliance with the federal climate legislation and principles recognised in the Paris Agreement, informed by the IPCC’s latest Assessment Report and the Paris Agreement’s 1.5ºC temperature target.   

Date of institution of proceedings:

26 October 2021

Admissibility:

TBD

Merits:

TBD:

Reliefs Awarded:

TBD

Status of the case:

Pending.

Further information:

On 11 November 2021, Judge Mara Elisa Andrade scheduled a conciliatory hearing between the parties to the case, which was subsequently cancelled on 25 November 2021 owing to the defendants’ lack of interest in settling the dispute through conciliation.

Case documents:

Petition (in Portuguese)

Categories
Children and young people Domestic court Right to a healthy environment Uganda

Mbabazi and Others v. The Attorney General of Uganda and Others

Summary:
This case was brought by a group of four young people, along with an NGO, alleging that the government of Uganda had breached its duty as a public trustee over natural resources because it had failed to uphold the right to a clean and healthy environment. The case was brought against the Attorney General of the Republic of Uganda and the National Environment Management Authority (NEMA). The plaintiffs brought their case under Articles 29, 50 and 237 of the Ugandan Constitution, along with sections 2, 3, 71 and 106 of the National Environment Act. They brought the case on their own behalf, as well as on behalf of “all children of Uganda born and unborn”, and in the public interest.

Claims:
The plaintiffs argued that the Government of Uganda holds and maintains natural resources for and on behalf of Ugandan citizens under Article 237 of the domestic Constitution, and that it has a duty and obligation to maintain these resources and to ensure their sustainable use. It also has a duty to ensure the sustainable use of resources for present and future generations, including air, water and land. They describe the atmosphere as an ecological asset of the Ugandan people. They invoked Articles 39 and 237 of the domestic Constitution, which imposes a duty on the government to ensure that the atmosphere is free from pollution, and they also argued that the Government has a duty to ensure the integration of environmental concerns into overall national policy-making. The Government had failed to uphold citizens’ right to a clean and healthy environment, and to curb the present and future effects of climate change.

Date filed:
2012

Case status:
Pending

Further reading:
The amended text of the complaint, as submitted in 2015, is available from climatecasechart.com.

Suggested citation:
High Court of Uganda, Mbabazi and Others v. The Attorney General and National Environmental Management Authority, Civil Suit No. 283 of 2012

Categories
Business responsibility Children and young people Domestic court Emissions reductions Evidence Right to a healthy environment Right to health South Africa

South African ‘Deadly Air Case’

Summary:
This case concerns toxic air pollution in the Mpumalanga Highveld, which is home to a dozen coal-fired power plants, a coal-to-liquids plant and a refinery. The case was brought by two environmental organisations – groundWork and Vukani Environmental Justice Movement in Action – represented by the Centre for Environmental Rights.

The applicants have petitioned the court to declare the unsafe levels of air pollution to be a violation of section 24a of the South African Constitution, which provides that “everyone has the right to an environment not harmful to their health or wellbeing”. 

The outcome of the case is currently pending before the Pretoria High Court, and Judge Colleen Collins has reserved judgment.

Claims:
The applicants’ complaints concern exposure to toxic chemicals emitted by the coal plants. This includes sulphur dioxide, heavy metals like mercury, and fine particulate matter. According to the applicants, the coal plants are responsible for the majority of these emissions, which are causing chronic respiratory illnesses such as asthma and lung cancer, and which also increase the risk of strokes, heart attacks, birth defects and premature deaths. 

The area in question has been recognized as a hotspot of pollution in excess of permissible levels. It has been claimed that this pollution is responsible for up to 10,000 excess deaths per year. But the Government has pointed to the existence of clean air regulations, and argued that there is no scientific evidence proving the link between the air pollution and the harms allegedly suffered by any particular individual. It has also highlighted the need to realize the right to a healthy environment progressively.

Amicus curia intervention by the UNSR:
David R. Boyd, the United Nations special rapporteur on human rights and the environment, intervened as an amicus curiae in this case. He argued that poor and marginalised people disproportionately carry the burden of toxic air pollution. It has been reported that Boyd’s arguments include consideration for the vulnerability of children to environmental threats.

Deciding body:
Pretoria High Court

Admissibility:
TBD

Merits:
TBD

Remedies and outcomes:
TBD

Further reading:
For more information from the Centre for Environmental Resources, click here.

Suggested citation:
South African ‘Deadly Air’ case, Pretoria High Court, hearings held on 17-19 May 2021.

Categories
Domestic court Emissions reductions European Convention on Human Rights Italy Paris Agreement Right to a healthy environment

Giudizio Universale (The Last Judgment) (A Sud v. Italy)

Summary:
In June 2021, the Giudizio Universale (The Last Judgment) campaign, coordinated by the environmental justice NGO A Sud, filed a suit before domestic courts in Italy. The suit, which involves more than 200 plaintiffs, alleges that the Italian government has violated fundamental rights due to its failure to take appropriate measures to meet the emissions reductions targets in the Paris Climate Agreement. violating fundamental rights, including the right to a stable and safe climate. The plaintiffs seek an order that the Italian government must cut emissions by 92% by 2030 as compared to 1990 levels. The applicants argue that although some emissions reductions have been achieved since 1990, these amount to only about a 29% reduction as compared to 1990 levels. The applicants submit that this level of reduction is incompatible with the ‘fair share’ of emissions reductions that Italy must implement to meet the 1.5°C target of the Paris Agreement.

Among other rights, the applicants invoke the human right to a stable and safe climate. In their submissions, they base this right on Article 6 of the Treaty of the European Union as well as Articles 2 (right to life) and 8 (right to respect for private and family life) of the European Convention on Human Rights. Although there is no explicit right to a healthy environment in the ECHR, the European Court of Human Rights has an extensive environmental jurisprudence, having decided more than 300 cases with an environmental connection.

Date filed:
5 June 2021

Jurisdiction:
Civil Court of Rome

Further reading:
A summary of the legal action is available here (in Italian).

An English-language summary has been provided here.

Categories
Business responsibility Children and young people Domestic court Emissions reductions Extreme poverty Indigenous peoples' rights Right to a healthy environment Right to health Right to housing Right to life Right to subsistence/food Right to water Self-determination The Philippines Vulnerability

Greenpeace Southeast Asia and others v. the Carbon Majors

Summary:
This case was brought before the Philippines’ Commission on Human Rights (CHR) by 12 organisations and 20 individuals, as well as over a thousand Filipino citizens who expressed their support for the case through a petition, against the so-called ‘carbon majors’, i.e. high-emitting multinational and state-owned producers of natural gas, crude oil, coal and cement, including BP, Shell and Chevron. The applicants based their case on research indicating that these ‘carbon majors’ are responsible for a large percentage of global greenhouse gas emissions. Citing the Philippines’ high degree of vulnerability to the effects of climate change, the applicants alleged violations of the rights to life, health, food, water, sanitation, adequate housing, and self-determination. They also specifically invoked the rights of vulnerable groups, peoples and communities, including women, children, people living with disabilities, those living in extreme poverty, indigenous peoples, and displaced persons. They invoked also the right to development, labor rights, and the right to ‘a balanced and healthful ecology’. This petition was brought after a number particularly destructive typhoons that affected the Philippines, including Typhoon Haiyan.

As a result of the petition, the CHR began a dialogical and consultative process, called the National Inquiry on Climate Change (NICC). This process aims to determine the impact of climate change on the human rights of the Filipino people, as well as determining whether the Carbon Majors are responsible for climate change.

On 6 May 2022, the Human Rights Commission released the findings of its inquiry.

Responsible instance:
The case was brought before the Philippines’ Commission on Human Rights, which is an independent National Human Rights Institution (NHRI) under the 1987 Philippine Constitution, established on 5 May 1987 by Executive Order No. 163.

Date filed:
22 September 2015

Procedural steps in the case:
On 10 December 2015, the Commission announced during the Paris Climate Change Conference that it would take cognizance of the case.

On 21 July 2016, the Commission enjoined the respondent Carbon Majors to file their comments or answers to the petition within forty-five days. Out of the 47 respondents summoned, 15 submitted a response. Thirteen amicus curiae briefs were received. The applicants filed a reply, to which seven of the carbon majors filed a rejoinder.

Beginning July and November 2017, the Commission conducted community visits and dialogues to select climate impacted areas.

On 11 December 2017, the parties held a first preliminary conference. The Commission used this opportunity to deny the respondents’ jurisdictional objections to the case. It asserted its authority to investigate the case and hold public hearings in 2018 in Manila, New York, and London.

In 2018, the Commission held six public hearings in the case.

Outcome of the NICC:
On 6 May 2022, the Human Rights Commission released the findings of its inquiry. In his introductory note, Commissioner Roberto Eugenio T. Cadiz outlined the lengths taken by the Commission to engage with the “carbon majors” over this case, and noted that corporate actors, and not just States, have an obligation to respect and uphold human rights under the UN Guiding Principles on Business and Human Rights (UNGP). He also noted the unprecedented nature of the claim, and the Commission’s own lack of resources in dealing with it. And he rejected the argument by the “carbon majors” that the Commission did not have territorial or subject matter jurisdiction to deal with the case, noting the interrelated nature of all human rights and the impact on the people of the Philippines.

In its report, the Commission began by reviewing the best available scientific knowledge on climate change. It set out, “as established by peer-reviewed science, that climate change is real and happening on a global scale”, and that it is anthropogenic, i.e. caused by human activity. It then set out that climate change is a human rights issue, noting its adverse impacts on human rights both internationally and in the Philippines. It focused particularly on impacts concerning the right to life, the right to health, the right to food security, the right to water and sanitation, the right to livelihood, the right to adequate housing, the right to the preservation of culture, the right to self-determination and to development, and the right to equality and non-discrimination, focusing on the rights of women, children, indigenous peoples, older persons, people living in poverty, LGBTQIA+ rights. It also noted the impacts on the right to a safe, clean, healthy and sustainable environment and on the rights of future generations and intergenerational equity.

After considering the duties of States to protect human rights, as the primary duty-bearers of human rights law, the Commission found that these rights also include extraterritorial obligations, and that while a balance between sovereignty and human rights must be sought, “States’ duty to protect is not confined to territorial jurisdiction”. It relied on international environmental law to identify the concrete procedural and substantive obligations on States in the context of climate change, and their obligation to protect vulnerable sectors against discrimination.

The Commission considered that the refusal of governments to engage in meaningful mitigation action regarding climate change constitutes a human rights violation. It held that “[t]he pursuit of the State obligation to mitigate climate change cannot just be framed as aspirational, where the standard of fulfillment is vague and the timeline is uncertain. Concrete metrics must be set against which States may be held accountable. Failing this, States enable the human rights of their citizens to be harmed, which equates to a violation of their duty to protect human rights” (p. 87). The absence of meaningful action to address global warming, it held, suffices in this regard; these obligations of States include an obligation to regulate corporate activities, and to establish a policy environment that discourages reliance on fossil fuels.

The Commission then turned to business responsibilities, noting that “a State’s failure to perform [its duty to enact and enforce appropriate laws to ensure that corporate actors respect human rights] does not render business enterprises free from the responsibility of respecting human rights.” Referring to the UNGP framework and the UN Global Compact as well as the OECD Guidelines for Multinational Corporations, it applied these standards to the context of climate change. It found that:

  • The anthropogenic contributions of the “carbon majors” to climate change is quantifiable and substantial;
  • The “carbon majors” had early awareness, notice or knowledge of their products’ adverse impacts on the environment and climate systems;
  • The “carbon majors” engaged in willful obfuscation or obstruction to prevent meaningful climate action;
  • The “carbon majors” have the corporate responsibility to undertake human rights due diligence and provide remediation, including through every entity in their value chain;
  • And the UNGPs may be relied on under the law of the Philippines.

It went on to issue a number of recommendations. Concerning States, it called for climate justice, including a pooling of resources and sharing of skills, and urged governments to:

  • Undertake to discourage dependence on fossil fuels, including by phasing out all coal power fossil fuel subsidies and other incentives;
  • To collaborate on innovative climate action and guarantee the enjoyment by all of the benefits of science and technology;
  • To cooperate towards the creation of a legally binding instrument to strengthen the implementation of the UNGPs, and provide redress to victims of corporate human rights impacts;
  • To concretize the responsibilities of corporate actors in the climate context;
  • To discourage anthropogenic contributions to climate change and compensate victims;
  • To ensure access to adaptation measures by all, as well as equality and non-discrimination in climate adaptation and mitigation measures;
  • And to ensure a just transition towards an environmentally sustainable economy;
  • As well as to fulfil climate finance commitments and devise new mechanisms for loss and damage from climate change-related events;
  • To adequately support and protect environmental defenders and climate activists;
  • To promote climate change awareness and education;
  • To include military operations and supply chains in carbon accounting;
  • And to strengthen shared efforts to conserve and restore forests and other terrestrial ecosystems.

The Commission also formulated concrete recommendations for the “carbon majors” themselves, urging them to:

  • Publicly disclose their due diligence and climate and human rights impact assessment results, and the measures taken in response thereto;
  • Desist from all activities that undermine the findings of climate science, including “climate denial propaganda” and lobbying activities;
  • Cease further exploration of new oil fields, keep fossil fuel reserves in the ground, and lead the just transition to clean energy;
  • Contribute to a green climate fund for the implementation of mitigation and adaptation measures;
  • And continually engage with experts, CSOs, and other stakeholders to assess and improve the corporate climate response through “a new chapter of cooperation towards a united front for climate action”.

Speaking directly to financial institutions and investors, the Commission noted their ability to “steer companies and industries towards a sustainable path by aligning lending and investment portfolios with targets set by science”. It considered that their role in financing sectors and projects that generate greenhouse gas emissions make them “similarly accountable for global warming”. Accordingly, they were urged to:

  • Refrain from financing fossil fuel related projects and instead direct capital towards green projects; and
  • Exert social, political and economic pressure on the fossil fuel industry to transition to clean energy by divesting financial instruments related to fossil fuels.

The Commission concluded by noting the role of UN institutions, NHRIs, and courts — reviewing examples of climate litigation such as the Urgenda or Leghari cases, noting that “even when courts do not rule in favor of the claimants, they still contribute to meaningful climate response through their elucidation of the law and the rights and obligations of the parties”. Similarly, NGOs, CSOs, the legal profession and individuals are recommended to champion human rights and continue engaging in strategic litigation to strengthen business and human rights norms, change policy, increase governments’ ambitions, and create precedents.

The Commission furthermore addressed the Philippines’ own lackluster record of climate action, making concrete recommendations to the government to, among other things, formulate a national action plan on business and human rights, declare a climate and environmental alert, and revisit its NDC under the Paris Agreement as well as implement coal moratoriums, transition to low-carbon transportation systems, implementing REDD+ measures and data building and reporting mechanisms, and create legislative change. It also recommended to the domestic judiciary to create rules of evidence for attributing climate change impacts and assessing damages, and take note of the anthropogenic nature of climate change.

Suggested citation:
Philippines Human Rights Commission, In Re: National Inquiry on the Impact of Climate Change on the Human Rights of the Filipino People and the Responsibility therefor, if any, of the ‘Carbon Majors’, case nr. CHR-NI-2016-0001, Report of 6 May 2022.

Further information:
The full text of the petition is available here.

The report of 6 May 2022 is available here.

A blogpost on the importance of the report by Annalisa Savaresi and Margaretha Wewerinke-Singh is available on the GNHRE blog.

For additional resources provided by the Commission, such as transcripts of hearings and evidence submitted, click here.