Memorandum for the Petitioners | 127
8.161. The UNGPs, implementing the UN’s “ protect, respect, and
remedy” framework adopted by the Human Rights Council in 2011, restates
and codifies existing international and national legal standards on human
rights and business enterprises. Endorsed by the UN Human Rights Council
as the foundation for assessing corporate responsibilities to uphold human
rights, they present the most authoritative statement on the subject.594
The UNGPs, which is based on three
8.161.1.
595
pillars, do not purport to create new obligations, but rather
encapsulate existing and established international human rights
law relevant to private actors. The Honorable Commission
should rely on the UNGPs in making findings in its factual
investigation into the responsibility of respondent Carbon Majors
for climate-related human rights harms. 596 Eighteen (18)
respondent Carbon Majors are listed as participants in the UN
Global Compact, 597 which “promotes tools and resources
aligned with the UNGPs.598
r
8.161.1.1. In the case of Kaliha andLokono
Peoples v. Suriname, the Inter -American Court of
Human Rights relied on the UNGPs, specifically
taking note that “ businesses must respect and protect
human rights, as well as prevent, mitigate, and
accept responsibility for the adverse human rights
impacts directly linked to their activities.”599
Compliance with the UNGPs should be
8.161.2.
interpreted in accordance with international law governing
climate change, including the UNFCCC and the best available
science, as well as with norms of international environmental
law, including the precautionary principle, the polluter pays
principle,600 and preventive approach .
r
The UNGPs entail a corporate responsibility
8.161.3.
to protect human rights in both substance and process. Business
enterprises should avoid infringing on the human rights of others
Addo. M., supra note 590.
The first pillar is the duty of States to protect everyone from human rights abuse, including from third
parties such as businesses. The second pillar is the responsibility of business enterprises to respect human
rights in all their activities. The third pillar covers the range of mechanism, from judicial, national human
rights institutions, to corporate grievance, to remedy any human rights harms; Addo., M., supra note 590,
p. 3, TSN dated 23 May 2018 p. 102; Exhibit “SSS,” slide 6; Exhibit “QQQ,” A 18, p. 3, available at
https:/Av\v\v.ohchr.org/documents/publications/GuidingprincipIesBusinesshr eN.pdf (last accessed on 12
September 2019).
596
See ClientEarth Amicus Brief, supra note 37, p. 51-56 .
597 Annex “ E” hereof (Respondent Carbon Majors’ Commitments , Scores, and Grades)
598
See https://www.unglobalcompact .org/what-is-gc/our-work/social /human-rights (last accessed on 12
September 2019).
599
Inter-Am. Ct. H. R ., Judgment (Merits, Reparations, and Costs), par. 224 (25 November 2015 ), available
://www.corteidh.or.cr/docs/casos/articulos/seriec 309 ing.pdf (last accessed on 12 September 2019).
http
at
600
Joint Summary of the Amicus Curiae, supra note 50, p. 65.
594
595
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