With the development that the International Criminal Court (ICC) in Hague has opened its jurisdiction on environment-related crimes against humanity perpetrated by states and individuals, there is now a light across this tunnel of uncertainty for this milestone case that is now about to begin in the Philippines. I have always been uneasy that such a milestone case might only be dealt with within the limited context of business and human rights (BHR); among others, because of jurisdictional issues that haunts it.
As an investigative body on human rights that can determine facts and find proof and most importantly recommend judicial actions, the Commission on Human Rights (CHR) of the Philippines may find itself challenge figuring out how a result of a good investigation on this climate justice case may truly find its way to justice for the many victims of climate change.
As a national human rights institution investigating a global human rights violations on the premise that it is here; in the Philippines, where the victims of the earlier manifestation of the crime, a major concern is the fact that by jurisdiction most of these 50 high carbon emitter companies are not in the Philippines. So therefor, if indeed fault is found, the only direct recourse for the CHR is to recommend actions be undertaken by state bodies in the Philippines (e.g. SEC, etc) and/or cases be filed in Philippine courts, under Philippine laws and only covering juridical persons covered by such.
As for the liability of states; especially in pursuing payments for damages to the victims; I can only imagine that the recourse would be starting with the "loss and damage" that the last global climate negotiations has not been able to resolve and agree upon. Thus; with much frustration, this track may not be available at the moment. Needless to say; even if it was, a finding of fault and liability by CHR on states that allowed these companies operating under their jurisdiction and of course under their sovereign development policies to be exacted accountability, the best it can be is a good argument that our delegation can take in the talks. And this is I think miles away from any lead to securing climate justice.
BUT ALL IS NOT LOST!
There is reason to be optimistic that NOW there is a more concrete mechanism where any finding of fault and liability by the CHR in aid of judicial action may now prove to be useful after all. It will be in a criminal court of the world that can now try it.
So human rights cases ought to be filed TODAY in all national human rights institutions in every country in the world where NHIs are organized in a way that it can.
Let a flood of human rights cases by affected communities and individuals pursue climate justice that is due them, all of us and our children and children's children yet unborn!
As a national human rights institution investigating a global human rights violations on the premise that it is here; in the Philippines, where the victims of the earlier manifestation of the crime, a major concern is the fact that by jurisdiction most of these 50 high carbon emitter companies are not in the Philippines. So therefor, if indeed fault is found, the only direct recourse for the CHR is to recommend actions be undertaken by state bodies in the Philippines (e.g. SEC, etc) and/or cases be filed in Philippine courts, under Philippine laws and only covering juridical persons covered by such.
As for the liability of states; especially in pursuing payments for damages to the victims; I can only imagine that the recourse would be starting with the "loss and damage" that the last global climate negotiations has not been able to resolve and agree upon. Thus; with much frustration, this track may not be available at the moment. Needless to say; even if it was, a finding of fault and liability by CHR on states that allowed these companies operating under their jurisdiction and of course under their sovereign development policies to be exacted accountability, the best it can be is a good argument that our delegation can take in the talks. And this is I think miles away from any lead to securing climate justice.
BUT ALL IS NOT LOST!
There is reason to be optimistic that NOW there is a more concrete mechanism where any finding of fault and liability by the CHR in aid of judicial action may now prove to be useful after all. It will be in a criminal court of the world that can now try it.
So human rights cases ought to be filed TODAY in all national human rights institutions in every country in the world where NHIs are organized in a way that it can.
Let a flood of human rights cases by affected communities and individuals pursue climate justice that is due them, all of us and our children and children's children yet unborn!