Memorandum for the Petitioners | 128
and should address adverse human rights impacts with which
they are involved.601
8.162. Principle 11 of the UNGPs affirms the already established
responsibility of business enterprises to respect people’s human rights. The
practical implications of the UNGP are set out in the Operational Principles
of the UNGP and include:
1.
Committing at the highest level to respect human rights;
2.
Undertaking human rights due diligence to identify and
avoid potential adverse impacts (“knowing and showing”);
and
3.
r
Providing remedy in the event of adverse harm .602
8. 163 . More specifically, business enterprises must:
1.
Assess the potential impact of their products and
activities on human rights;
2.
Put in place measures to prevent negative impacts;
3.
Make these findings and prevention measures public;
and
4.
r
Take measures to remedy human rights abuse that they
cause or contribute by themselves or with others in a
mechanism that is accessible, predictable, transparent,
equitable, human rights compatible and legitimate.603
8.164. Principle 12 of the UNGPs states that the rights that must be
respected by all businesses include, at minimum, the rights recognized in the
International Bill of Rights (i.e., UDHR, ICCPR, and ICESCR) and the
principles concerning fundamental rights set out in the International Labour
Organization’s Declaration on Fundamental Principles and Rights at
Work .604
8. 165. Under Principle 13 of the UNGPs , business enterprises must
avoid causing adverse human rights harm through climate change or
contributing to such adverse human rights harms. They must also seek to
prevent or mitigate such adverse human rights harms when their operations
See Principle 11 UNGP, supra note 583; Addo, M., supra note 590, p. 5.
See Principle 11 UNGP, supra note 583; Addo, M., supra note 590, p. 5.
603
Operational Principles of the Guiding Principles, cited in Addo, M., supra note 590, p. 5.
604
Principle 12 UNGP, supra note 583; Joint Summary of the Amicus Curiae, supra note 50, p. 64.
601
602
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