Memorandum for the Petitioners [ 136 D. Operational obligations Carbon Majors for the 8.191. As stated in the Interpretive Guide , “respecting human rights is 639 not a passive responsibility: it requires action on the part of businesses.>’ The UNGPs further detail this responsibility in Principle 15 in the form of operational principles that business enterprises are expected to meet in order to implement the foundational principles. These operational principles are: r 1. The obligations to have a statement of policy commitment, a human rights due diligence process and processes to enable remediation; 2. Having a human rights due diligence process to identify, prevent, mitigate and account for how they address their impacts on human rights, as detailed in Principle 17 (see section above); and 3. Implementing processes to enable the remediation of any adverse human rights impacts they cause or to which they contribute.640 8.192. In the context of climate change, compliance with the requirements of Principle 15 of the UNGPs requires business enterprises to have: 1. A policy commitment to meet their responsibility to respect those human rights that are being and will be infringed by climate change; 2. A due diligence process to identify, prevent, mitigate, and account for how they address the impacts of their greenhouse gas emissions on human rights; and 3. Processes to enable the remediation of the adverse human rights impacts of climate change that are already occurring or have occurred.641 c 8.193 . Principle 16 of the UNGPs elaborates on the operationalization of each of these three requirements. As stated in the Joint Summary of the Amicus Curiae , applying these principles to the human rights implications of climate change entails the responsibilities of the respondents to: Interpretive Guide, supra note 589 . Principle 15 UNGP, supra note 583 ; ClientEarth Amicus Brief, supra note 37, para. 90 . 641 Ibid. para. 1 1 1 . 639 640

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