7
B.
f.
The petitioners cannot rely on the UN Guiding Principles
and Maastricht Principles, as they are non-binding;
g.
The Honorable Commission is not a quasi-judicial
body— it has no quasi-judicial or adjudicative power;
h.
The Congress, through the enactment of the Human
Security Act, expressly acknowledges that the Honorable
Commission’s “jurisdiction” is confined only to
violations of civil and political rights;
i.
The Congress does not consider the Honorable
Commission to have any jurisdiction over environmental,
climate change, or socio-economic and cultural matters,
considering that the Honorable Commission was not
included among the government agencies composing the
advisory board of the Philippine Climate Change
Commission (CCC). Further, by taking cognizance of the
case, the Honorable Commission usurps the functions of
the CCC; and
j.
Respondent Peabody Energy Corporation (“Peabody”) is
precluded under the U.S. Bankruptcy Code from
responding to the Honorable Commission’s Order and
the Petition, and from participating in the present
proceedings.
Issues and arguments raised in the
responses received by the Business &
Human Rights Resource Centre
1.3. With respect to the responses received by the Business &
Human Rights Resource Centre (“BHRRC”), except respondent Rio Tinto,
all others similarly question the Honorable Commission’s “jurisdiction” and
that the confidentiality rules prevent respondents from disclosing their
response to the Petition. Some of the respondents also argue that their
positions on climate change and human rights are adequate.
Please see Annex “A” for a list of respondents that submitted answers
and comments to the petitioners and the Business Human Rights Resource
Centre.
1.4. As will be discussed below, respondents’ issues and arguments
are unmeritorious and even contrary to the Philippine Constitution and
applicable domestic and international laws, rules, and jurisprudence.