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“VIP’s right to life has been violated:” Fossil-fueled destruction of PH biodiversity hotspot heard at international tribunal in NY Climate Week

The destructive impacts of massive gas expansion and other fossil fuel activities in the Verde Island Passage drew the spotlight at this year’s Climate Week in New York, with the plight of the marine biodiversity hotspot among cases presented at an international tribunal on violations against nature.


Themed “The End of the Fossil Fuel Era,” the 6th International Rights of Nature is an initiative convened in 2015 by the Global Alliance for the Rights of Nature (GARN). It is a judicial, non-binding institution, promoting the harmonious co-existence of humans and other beings by providing a new framework for informed legal analysis that pushes governments and courts to “look beyond economic incentives and make decisions based on the interests of both humanity and the Earth community as a whole.”


Called in as a witness, Protect VIP Lead Convenor and Goldman Prize Awardee Fr. Edwin Gariguez testified on the gravity of ongoing fossil fuel expansion in the marine corridor, particularly in the form of fossil gas and liquefied natural gas (LNG). 


“VIP is one of the most diverse marine habitats in the world, and that’s why it’s called the Amazon of the Oceans. It provides food and livelihood to millions of Filipinos, and my own home province of Mindoro. But this paradise is now in peril. It is under threat. As of now, 5 operating fossil gas plants and 2 LNG terminals are in its vicinity. Over a dozen more projects are in the pipeline. One cannot even begin to imagine just how catastrophic impacts of fossil fuel expansion of this scale will be for nature and local communities,” Gariguez explained.


Citing research from think-tank Center for Energy, Ecology, and Development (CEED), Gariguez dove into the degradation being caused by the fossil fuel industry to water quality, marine ecology, and quality of life in the VIP.


“Water quality is deteriorating. The right of people and nature to water as a source of life, and the right to be free from pollution are being violated by the chemical and thermal pollution from these plants and other industrial activities and construction in the waters of Verde Island from the power plant and LNG terminal constructions and operations. With threats to coastal and near-shore spawning and fishing grounds, nature’s right to maintain its identity and integrity as a distinct self-regulated and interrelated being is also being violated,” Gariguez added.


Yolanda Esguerra, National Coordinator of Philippine-Misereor Partnership, Inc. (PMPI), a social development and advocacy network that is also a part of Protect VIP, meanwhile called attention to the catastrophic 900,000-liter oil spill that the VIP suffered in February 2023. 


“The richness of this biodiversity hotspot is not just a local treasure, it’s not just for the Philippines, but a global asset that we must all strive to protect. The oil spill that happened in the VIP affected over 200,000 people, caused Php 41 billion in environmental and socio-economic damages, and tens of thousands in hectares of critical ecosystems,” explained Esguerra.


“Although the Philippines has yet to recognize the rights of nature through law, there is already a bill with such proposition pending in Congress. It is important that we view the catastrophic oil spill from this perspective, because dire as they are, numbers do not even begin to capture the real-life impacts and violations suffered by local communities and nature,” added Esguerra.


PMPI is currently spearheading civil society-led efforts for the recognition of the Rights of Nature in Philippine Law for the protection of distressed ecosystems across the country.


Lined up alongside the VIP case were testimonies from communities and experts facing fossil fuel pollution and degradation in the United States, Mozambique, India, and Mexico, among others. A panel of renowned climate experts, advocates, and environmental defenders served as judges at the Tribunal.



Gariguez and Esguerra called for accountability from corporations causing pollution to the VIP, such as San Miguel Corporation which figures in both the oil spill and massive gas expansion; financial institutions including in the United States who are supporting destruction in the VIP through funding gas; and government authorities who continue to allow violations to the rights of nature through negligence in implementation of policies or failure to guard against destructive fossil fuel projects.


The Tribunal session is the first of two sessions set to be conducted ahead of the 30th Conference of Parties to the United Nations Framework Convention on Climate Change in Brazil, where another tribunal session is expected to emphasize findings on two major threats to the Rights of Nature - fossil fuels and mining.

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