55
to be beyond the Commission’s powers and/or jurisdiction.”221 The
petitioners invite BHP Billiton to submit a detailed response to the
Honorable Commission describing its concerns with prayers 1 and 5 in the
Petition. Argumentation on the important matters, such as this, should take
place within the national public inquiry process.
C.
Currently, there are no confidentiality
rules to prevent respondents from
disclosing their comments on and answers
to the Petition because the Honorable
Commission’s national inquiry is a
transparent and public proceeding.
3.6. Three (3) companies -- respondents Repsol,222 Peabody
Energy,223 and BP plc224 -- declined to share their responses sent to the
Honorable Commission and petitioners with the BHRRC. Respondent
Repsol and Peabody communicated that the Omnibus Rules of the
Commission require confidentiality, but failed to cite to a particular rule.
Respondent BP plc, on the other hand, stated that it “was not in a position to
comment on an ongoing investigation.”225
3.7. Contrary to the positions taken by respondents Repsol and
Peabody, there are no confidentiality rules or agreements for the present
proceeding. According to the Omnibus Rules of the Commission, “public
inquiry shall generally be open to the public, transparent and allows for the
participation of affected parties and sectors.”226 While some companies may
prefer the national inquiry to happen behind closed doors so their activities
and influence are kept from public scrutiny, the success of this undertaking
depends on open and active participation of all parties and stakeholders,
who/which must actively cooperate with the Honorable Commission.
3.8. The urgency of the climate crisis and the significant threats
posed to Filipinos and those residing in the country require a transparent and
inclusive proceeding. Similar to other weighty matters taken on by the
221
BHP Billiton’s Statement submitted to Business & Human Rights Resource Centre dated 12 September
2016, available at https://business-humanrights.org/en/fossil-fuel-cos-respond-to-petition-with-philippineshuman-rights-commission-on-human-rights-climate-change-impacts, last accessed on 06 February 2017.
222
Repsol S.A.’s Letter to BHRRC dated 08 November 2016, available at https://businesshumanrights.org/en/fossil-fuel-cos-respond-to-petition-with-philippines-human-rights-commission-onhuman-rights-climate-change-impacts/?dateorder=datedesc&page=0&componenttype=all, last accessed on
06 February 2017.
223
Peabody’s Statement dated 20 October 2016, available at https://business-humanrights.org/en/fossilfuel-cos-respond-to-petition-with-philippines-human-rights-commission-on-human-rights-climate-changeimpacts/?dateorder=datedesc&page=0&componenttype=all, last accessed on 06 February 2017.
224
BP plc’s Letter to BHRRC dated 10 October 2016, available at https://businesshumanrights.org/en/fossil-fuel-cos-respond-to-petition-with-philippines-human-rights-commission-onhuman-rights-climate-change-impacts/?dateorder=datedesc&page=0&componenttype=all, last accessed on
06 February 2017.
225
BP plc, op cit.
226
Par. 2, Section 2, Rule 7 of the Omnibus Rules of the Commission.
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