“There is also no doubt that this Commission may inquire into allegations involving violations
of the human rights of Filipino people, even when occurring outside Philippine territory. No
international or domestic law, rule, or principle prohibits this Commission from informing
itself of facts and events occurring outside of the Philippines, as long as it does so in
a manner respecting domestic laws of foreign territories.”19
Some of the Carbon Majors also argued that the Commission did not have jurisdiction
in respect of economic, social and cultural rights. In its report the Commission rejected
this argument.
“On the issue of subject-matter jurisdiction, this Commission notes the acceptance under
customary international law of the interrelatedness, interdependence, and indivisibility of
human rights and, therefore, accepts the view that it may investigate the whole gamut of
human rights allegedly impacted in the petition.”20
The Commission accepted amici briefs, research studies and position papers on the
various dimensions of the case from scientific and legal experts, professional organisations,
academics, advocates, stakeholders and duty-bearers, civil society organisations and
associations of national human rights institutions from around the globe. It conducted field
trips, interviews, roundtable discussions, expert consultations and community dialogues. It
then conducted the first public hearing in March 2018 and the last in December 2018. In all,
the Commission held 12 public hearings: eight in Manila and two in each of New York and
London. It heard 65 witnesses and received and marked at least 239 exhibits, both scientific
and legal, some consisting of several hundreds of pages. The public hearings conducted in
North America (the United States) and Europe (the United Kingdom) emphasised both the
global nature of climate change and the global character of the Commission’s inquiry.
The Commission’s report found that climate change was a grave and pressing human rights
concern, with impacts on human rights generally and in the Philippines specifically. It said
that States had a special duty to protect human rights in the context of climate change. The
report made recommendations to
• Governments
• The Carbon Majors (and other carbon-intensive industries)
• Financial institutions and investors
• The United Nations
• National human rights institutions
• Courts
• Non-government organisations, civil society organisations and the legal profession
• The Global Citizenry
and specifically in relation to the Philippines to
• The Executive Department
• The Legislative Department
• The Judiciary.
19. Commission on Human Rights of the Philippines National Inquiry on Climate Change Report 2022 p 11 at https://chr.gov.ph/reports/.
20. Commission on Human Rights of the Philippines National Inquiry on Climate Change Report 2022 p 10 at https://chr.gov.ph/reports/.
20
National action on international issues