Submission in Support of Petitioners
Case No. CHR-NI-2016-0001
4. Businesses should also carry out human rights due diligence, which includes
assessing actual and potential human rights impacts, integrating and acting
upon the findings, tracking responses, and communicating how impacts are
addressed.
5. Where businesses identify that they have caused or contributed to adverse
impacts, they should provide for or cooperate in their remediation through
legitimate processes.141
Consistent with these principles, OHCHR has affirmed that businesses, as human
rights duty bearers, “must be accountable for their climate impacts and participate
responsibly in climate change mitigation and adaptation efforts with full respect for
human rights.”142
The Ruggie Principles are not the only source to which the Commission can
look for guidance on the nature and scope of Respondents’ obligations. The Oslo
Principles on Global Obligations to Reduce Climate Change (Oslo Principles),
compiled by a group of leading jurists and experts, state that “States and
enterprises have an immediate moral and legal duty to prevent the deleterious
effects of climate change,” and set forth a number of principles that apply
specifically to both States and private actors, and to private actors alone.143 For
example, the Oslo Principles state that a business’s greenhouse gas emissions
footprint must be consistent with global efforts to ensure that average surface
temperature never exceeds pre-industrial temperature by more than 2°C.144 In
addition, the International Bar Association (IBA) published a recent report on
advancing climate justice which contains recommendations on how corporations
can implement the Ruggie Principles through the implementation of corporate
responsibility policies and other actions.145 Specifically, the IBA recommends that
corporations “incorporate ISO standards in business GHG management
programmes to ensure standardized, quantification of GHG emissions and promote
good practice in environmental and energy management” and “require full
disclosure of climate change impacts arising from the acitons of all major
141
GUIDING PRINCIPLES ON BUSINESS AND
TO RESPECT HUMAN RIGHTS (2011).
HUMAN RIGHTS, PART II: THE CORPORATE RESPONSIBILITY
142
OHCHR (2015), supra note 52, at 4.
Oslo Principles on Global Obligations to Reduce Climate Change (2015).
144
Id. at ¶ 6.
145
IBA PRESIDENTIAL TASK FORCE ON CLIMATE CHANGE JUSTICE AND HUMAN RIGHTS, ACHIEVING
JUSTICE AND HUMAN RIGHTS IN AN ERA OF CLIMATE DISRUPTION (2014).
143
Sabin Center for Climate Change Law, Columbia Law School
27
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