29
2.62. The Philippines and its agencies -- as duty-holders -- are
obligated to protect and promote human rights and, thus, take necessary
actions to prevent human rights abuses that occur within its territory,
including with respect to abuses caused by businesses located outside its
territory.110 Contrary to respondent Shell’s arguments that there is no proper
basis for the Honorable Commission to exercise jurisdiction over
respondents,111 the Commission is required to exercise its authority to
investigate the acts of the respondents, in accordance with its power to
monitor the Philippine Government’s compliance with international treaty
obligations on human rights.
2.63. All States have obligations under international law to respect,
protect, and fulfill human rights, as recognized in Section 2 of Rule 2 of the
Omnibus Rules of Procedure.112 The obligation to respect human rights
implies that States must refrain from interfering with, or curtailing the
enjoyment of, human rights.113 The obligation to protect human rights, on
the other hand, requires States to protect individuals and groups against
human rights abuses, including by business enterprises.114 Meanwhile, the
obligation to fulfill human rights denotes that they must take positive action
to facilitate the enjoyment of fundamental human rights.115
2.64. These obligations arise from human rights treaties and
agreements and other sources of international law.116 As a State that has
endorsed the Universal Declaration on Human Rights117 and party to
several human rights treaties -- including the International Covenant on
Civil and Political Rights (“ICCPR”), the International Covenant on
Economic, Social and Cultural Rights (“ICESCR”), the Convention on
the Rights of the Child (“CRC”), the Convention on the Elimination of All
Forms of Discrimination against Women (“CEDAW”), and the
International Convention on the Elimination of All Forms of Racial
Discrimination (“ICERD”)118 -- the Philippines has assumed the
110
See De Schutter, O., Eide, A., Khalfan, A., Künnemann, R., Černič, J., Orellana, M., Seiderman, I., and
Thiele, B., amicus submission dated 05 December 2016, p. 11, available at https://businesshumanrights.org/en/amicus-briefs, last accessed on 08 February 2017.
111
Respondent Shell’s Motion to Dismiss Ex Abundanti Ad Cautelam and Letter D, p. 7.
112
Section 2 of Rule 2 of the Omnibus Rules of the Commission; see also The Corporate Responsibility to
Respect Human Rights (An Interpretative Guide), available at
http://www.ohchr.org/Documents/Publications/HR.PUB.12.2_En.pdf, p. 10, last accessed on 17 January
2017.
113
The Corporate Responsibility to Human Rights (An Interpretative Guide), Id., p. 10.
114
supra., note 113.
115
supra., note 113.
116
ClientEarth’s amicus submission, op cit., 22-27; De Schutter, O., et al., op cit., pp. 3-4, on file with the
Honorable Commission.
117
UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III)
118
See International Covenant on Civil and Political Rights, U.N. Doc. A/6316 (1966), 999 U.N.T.S.
171, entered into force 23 March 1976; International Covenant on Economic, Social and Cultural Rights,
U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force 03 January 1976; Convention on the Rights of
the Child, U.N. Doc. A/44/49 (1989), entered into force 02 September 1990; Convention on the Elimination
of All Forms of Discrimination against Women, U.N. Doc. A/34/46, entered into force 03 September 1981;
International Convention on the Elimination of All Forms of Racial Discrimination, U.N. Doc. A/6014
(1966), 660 U.N.T.S. 195, entered into force 04 January 1969.
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