Oil Majors to face London, New York Hearings over Philippines Climate Impact

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By Megan Darby. This article originally appeared on Climate Home News.

The Philippines Human Rights Commission is set to confront carbon majors over their climate change impact with hearings in Manila, New York and London thisย year.

Responding to a petition that seeks to hold 47 companies accountable for Philippine communities suffering from extreme weather, the commission is taking its inquiriesย overseas.

It is in talks with climate law researchers at Columbia Universityโ€™s Sabin Center and Londonโ€™s Grantham Institute about hosting evidenceย sessions.

Commissioner Roberto Cadiz urged the targeted companies, which include Chevron, ExxonMobil and BP, toย engage.

โ€œThe reason why we are holding two hearings outside Manila is to make this a very inclusive process,โ€ he told Climate Home News byย Skype.

โ€œWe do understand that most of the respondent companies are not prepared to travel all the way to Manila toย participateโ€ฆ

โ€œWe continue to invite the respondents to participate in this process, because if they do not, we might come up with certain recommendations that will be adverse to their interests and they will only have themselves toย blame.โ€

Since campaigners led by Greenpeace Southeast Asia lodged the petition in 2015, the response from its targets has beenย muted.

Half of the 47 companies, whose products generated around a fifth of historic greenhouse gas emissions, did not respond. Those that did questioned the commissionโ€™s jurisdiction, or argued it was for governments, not private companies, to tackle climateย change.

Several international law experts have filed arguments in support of the petition, however. These back the commissionโ€™s mandate to investigate private companies over harm experienced byย Filipinos and provide evidence to join theย dots.

โ€œMost of the companies being investigated have disputed the commissionโ€™s right to examine their contribution to climate impacts like hurricanes and heatwaves,โ€ Sophie Marjanac of London-based firm Client Earth told Climate Homeย News.

โ€œThis is a missed opportunity to engage with the commission and prove to people affected by climate change around the world that they are committed to being part of theย solution.โ€

Hearings outside the Philippines โ€œshould draw much-needed attention to this global issueโ€, sheย added.

While the commission cannot directly impose penalties on the respondents, it has other ways of exerting influence. Cadiz expects to recommend ways they could alleviate the human rights impacts of their operations in future โ€“ and shareholders to put pressure on companies to comply. โ€œThis is not just a legal proceeding,โ€ heย said.

Holding private companies to account for their climate impacts should be pursued in tandem with government action, Cadizย argued.

โ€œI donโ€™t see any conflict or tension between the two efforts,โ€ he said.ย โ€œIn the end, they all converge on one point, which is trying to determine how climate change โ€“ the impacts of climate change โ€“ can be avoided or at leastย mitigated.โ€

The companiesย listed in the complaint do not include the Philippines PNOC Exploration Corp or the Chinese-runย CNOOC Ltd, bothย state-owned, which are consideringย a joint venture to openย new drilling fields in the South Chinaย Sea.

The latest wave of climate litigation based on human or constitutional rights is bringing in a broader audience, said Joana Setzer, a researcher at the Granthamย Institute.

โ€œIt is opening more opportunities for people to engage,โ€ she said of the prospective hearing in London. โ€œHuman rights have this transnational componentโ€ฆ I think the arguments on this are moreย persuasive.โ€

So far, the commission has consulted communities hit by intense tropical storms and environmental changes, gathering stories of how these affected their rights to food, water, health, homes and โ€“ in some cases โ€“ย life.

The next stage is to establish how much of that lived experience can be attributed to climate change, and the extent of the respondentsโ€™ย responsibility.

Hearings are due to start in Manila in March, with the overseas sessionsย likely to follow in the second half ofย 2018.

This article was originally published on Climate Homeย News.

Main image:ย Anne Orquiza/DFAT

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