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Laundry hanging next to a ship that was swept into the city by Typhoon Haiyan.
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Securing the human rights of disaster-hit communities after Typhoon Haiyan

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Feature

Securing the human rights of disaster-hit communities after Typhoon Haiyan

SEI partnered with the Philippines’ human rights commission in a major inquiry that holds the carbon industry to account for the impacts of climate change on the rights of Filipinos – and is now supporting its efforts to find durable solutions for communities displaced by disasters.

Published on 9 November 2023

This change story is from our 2022 annual report (PDF).

The Commission of Human Rights of the Philippines (CHRP) is an independent body established under the Philippine Constitution to monitor the government’s commitment to international human rights treaties. The CHRP has a mandate to investigate all forms of human rights violations in the country.

In 2015, survivors of Typhoon Haiyan and other civil society groups petitioned the CHRP to establish an inquiry into the responsibility carried by 47 “carbon majors”, such as Shell, BP and Chevron, for the impacts of climate change, and to establish how they might be held to legal account.

Technical advice shapes groundbreaking inquiry

In response, the CHRP conducted the National Inquiry on Climate Change. Through a workshop hosted in Bangkok and organized by the Raoul Wallenberg Institute for Human Rights, SEI provided technical advice on the science of climate change and on key issues of climate justice to the Commission’s legal team and consultants.

In 2022, the seven-year inquiry released its groundbreaking report, ruling that carbon majors
“have the corporate responsibility to undertake human rights due diligence and provide remediation”.

The Commission found that climate change impacts undermine the basic rights of citizens,
including rights to life, health, food security, water and sanitation, livelihood, adequate housing,
self-determination and development, equality and non-discrimination – as well as the right to a safe, clean, healthy and sustainable environment..

Holding polluters accountable

The report went further: in Philippine law, accountability now goes beyond the carbon majors to include businesses that are part of their value chains, for example in the financial sector. These businesses, along with carbon majors, may be compelled to undertake human rights due diligence and be held accountable for failure to remediate human rights abuses arising from their business operations.

According to the Center for International Climate Law, the inquiry “has created a roadmap and
a resource for investigations and litigation everywhere,” adding that the report had “immediate relevance” in courtrooms and for years to come.

New inquiry on rights of displaced people

Following the success of this inquiry, in 2019 CHRP launched its National Inquiry on the Human
Rights Situation of Internally Displaced Persons (IDPs) in response to a lack of law and policy on
the rights of displaced populations in current legal frameworks in the Philippines. Together, CHRP and SEI co-developed research on so-called “durable solutions” for people displaced by Typhoon Haiyan in Tacloban to document the state of their human rights almost a decade after the disaster.

A survey of over 300 displaced households found that there has been some progress on the status of living conditions of affected families, particularly now that they live in permanent housing units. However, some needs and human rights of displaced people remain unmet and unfulfilled, particularly on safety, security, and freedom of movement; adequate standard of living; employment and livelihoods; housing, land, and property; and participation in public affairs. Up to 30% of the respondents reported that their livelihoods had worsened, and 50% found water quality and access to be poor. Further, less than 40% of the households hold ownership documentation for their housing units, with many still insecure about their tenure rights and status.

Not only has this research helped to enrich knowledge on displacement data analyses, the results also contribute to the shaping of policies as durable solutions … CHRP is grateful for SEI’s support in upholding the mandate of the CHRP.

Reinna S. Bermudez, Chief of the Centre for Crisis, Conflict, and Humanitarian Protection, Commission on Human Rights of the Philippines

Research shapes policy and durable solutions

According to Reinna S. Bermudez, Chief of the Centre for Crisis, Conflict, and Humanitarian Protection within CHRP, the partnership between SEI and CHRP has improved the Commission’s exercise of its mandate to protect and promote human rights by analysing evidence-based data from on-the-ground monitoring of the situation of the displaced families in the City of Tacloban.

She said, “Not only has this research helped to enrich knowledge on displacement data analyses, the results of the research also contribute to the shaping of policies as durable solutions. The research also helped in mainstreaming ‘presence as protection’ as the study opened opportunities for CHRP’s visibility and presence in the communities. CHRP, as a partner of SEI in this engagement, is grateful for SEI’s support in upholding the mandate of the CHRP as a main protection actor in situations of displacement.”

This use of evidence-based knowledge to support the mandate of CHRP in both these inquiries
demonstrates its importance in decision-making more broadly, and specifically in supporting the fulfilment of human rights of disaster-affected communities.

Strategy for action: Strengthened decision-making on climate change adaptation and disaster risk reduction

In all actions to adapt to climate change there should be a focus on equity and inclusiveness,
and to maintain and deliver on the rights of the communities. SEI helps strengthen the efforts
of disaster-affected communities for equitable resilience in the long-run.

Delivering on our priorities

Illustration of how strengthening decision-making on climate change lead to enhanced capacities

Graphic: SEI

Topics and subtopics
Climate : Climate policy, Disaster risk
Related centres
SEI Asia
Regions
Philippines