An introduction to the CLIMA Bill and why it’s important for climate justice – A CLIMA Series

Fighting with resilience. Fighting for safety. Fighting for justice.

The Philippines is known to be one of the most climate-vulnerable countries in the world, with the Institute for Economics and Peace naming it the country most at-risk of the climate crisis. Sitting at the edge of the South China Sea, the Philippines consists of over 7,000 islands, a population of over 116 million people, and averages around 20 typhoons a year. The 2024 typhoon season (June to September) saw record-breaking consecutive typhoons that stormed the country – an unprecedented series of flooding and strong winds catalyzed by climate change that left millions of Filipinos displaced and cost millions in damages and aid.

This Earth Day, I wanted to introduce the CLIMA Bill - a historic legislation, also known as House Bill No. 9609, that was introduced in front of Philippine Congress on November 22, 2023. Drafted in response to a report by communities who were devastatingly affected by Typhoon Haiyan, the bill proposes corporate responsibility and sets a precedent on how climate reparations will work for vulnerable communities affected by climate change. Let me take you through why this bill matters, and how it can make an impact.

In November 2013, one of the deadliest typhoons tore through the Philippines. This typhoon took over 6,300 lives and displaced over 4 million Filipinos. The climate event, notoriously known as Typhoon Haiyan (Typhoon Yolanda to the locals) caused trauma, immense loss, and billions of USD in damages - up to $13 billion - and it became more than a record-breaking natural disaster. In 2015, two years after the event, survivors of the typhoon filed a complaint to the Commission on Human Rights calling out major carbon industries for possible human rights violations. This was considered the world’s first human rights investigation into corporate responsibility of climate change, and it led to the emergence of the CLIMA Bill.

Still in the early stages of research and development, the Bill was co-organized by Greenpeace Philippines, the Legal Rights and Natural Resources Center (LRC), and the Climate Action and Human Rights Institute (CAHRI), and the Committee on Climate Change of the House of Representatives, with a mission to advocate for changes in our system that will empower the people affected the most by natural disasters.

I had the opportunity to speak with Joy Reyes, a climate justice and human rights lawyer, who was amongst the first to draft the legislation. She explained that the Bill is meant to push for more accountability on corporations, explaining that “the top 10% global economies and corporations are responsible for more than half the emissions of the planet”.

Since the 2016 Paris Climate Agreement, 57 companies in the carbon major industries are linked to 80% of carbon emissions, making these oil, gas, coal, and cement multinational corporations the driving forces of climate change – according to The Guardian.

“If we're able to show that, actually, there is such a connection between corporations and environmental degradation and ecological destruction, then perhaps the goal of the bill has been met [...] But corporations have done a lot to change the narrative around the climate crisis to dispense responsibility and also to shift accountability away from themselves and into individuals.”

In recent years, Environmental, Social, and Governance (ESG) and impact investing has become a buzzword in conversations about creating a more sustainable future. But ESG is filled with politicizations and polarizing opinions – World Economic Forum points out that ESG is seen as a “moral and ethical imperative”, but those against ESG believe it does not prioritize profitability. To meet the goals for corporate accountability and responsibility may take years, if not decades, as Ms. Reyes emphasises. But in our conversation, she discussed the CLIMA Bill’s approach.

The report that inspired the CLIMA bill holds carbon major industries accountable for human rights violations. “One of the salient points of the report was that climate justice was a human rights issue, that corporations can be held liable for their human rights violations,” Reyes states.

“It wasn't just the corporation in itself that is domiciled in the Philippines, but also their suppliers, their producers, etc. So we wanted to make it a whole value chain process. We placed provisions on due diligence on transparency, and on making sure that at every step of the way, that the human rights of those who might be affected are protected.”

Jefferson Chua, a Climate Campaigner for Greenpeace Philippines, says that the vulnerability of the Philippines in the climate crisis comes from the country’s colonial history. “It’s a political problem due to the power imbalance between the Global North and Global South; global south countries also have to deal with problems rooted in colonialism”. As a campaigner working on the ground, he stands by his point, mentioned in an #CitizenClimate Series interview, that the delay in aid is because of its politicization: “where communities are given priority so long as they provide the political capital for a local candidate, for instance, to win in the next elections.”

Navigating climate reparations is filled with nuance and complexities, as we figure how to balance the people and the economy with rebuilding communities and the lives of those who have lost their homes and loved ones. Whilst progress remains stagnant as we await next steps, the CLIMA Bill represents the foot in the door to possible opportunities to help those who are most vulnerable to climate change. If you’re interested in this developing story, make sure you subscribe to stay in-the-know for updates and more interviews as I report in this new series “The CLIMA Series”.

Edited by Franchette “RJ” Zamudio.