1. Jurisdiction of the Philippine Commission on Human Rights at International Law
The petitioners correctly note that the 2011 United Nations Guiding Principles on Business and
Human Rights (Guiding Principles) were unanimously endorsed by the United Nations Human
Rights Council.2 The Guiding Principles were developed through extensive global multistakeholder consultations in which businesses and business lawyers were actively engaged.3 They
have since been embedded into many international corporate social responsibility standards,
including those promoted by member States of the OECD.4
The Guiding Principles are comprised of three interrelated pillars that create a “dynamic system
of preventative and remedial measures.” 5 These are: the state duty to protect human rights
against abuses by business enterprises, the corporate responsibility to respect human rights, and
the need for effective remedies for victims of human rights abuses.
The state duty to protect as elaborated in the Guiding Principles reflects existing international
human rights law.6 Two foundational principles underlie this first pillar. The petitioners reference
Principle 2 of the Guiding Principles, according to which “[s]tates should set out clearly the
expectation that all business enterprises domiciled in their territory and/or jurisdiction respect
human rights throughout their operations.”7 However, more relevant to the jurisdiction of the
Philippines Human Rights Commission is Principle 1: “States must protect against human rights
abuse within their territory and/or jurisdiction by third parties, including business enterprises.
This requires taking appropriate steps to prevent, investigate, punish and redress such abuse
through effective policies, legislation, regulations and adjudication.” [emphasis added]8 As the
abuse of human rights in the form of climate harms is clearly experienced within the territory
and/or jurisdiction of the Philippines, Principle 1 of the Guiding Principles supports the
mandatory exercise of jurisdiction by the Commission on the facts of this case.
2
PETITION Requesting for Investigation of the Responsibility of the Carbon Majors for Human
Rights Violations or Threats of Violations Resulting from the Impacts of Climate Change
[Petition] at 9. See Human Rights Council, Resolution Adopted by the Human Rights Council:
Human Rights and Transnational Corporations and Other Business Enterprises, 16 June 2011,
A/HRC/RES/17/4, available at: https://documents-ddsny.un.org/doc/RESOLUTION/GEN/G11/144/71/PDF/G1114471.pdf?OpenElement
3
Sara L Seck, “Corporate Law Tools and the Guiding Principles for Business and Human Rights”
in Manoj Kumar Sinha, ed., Business and Human Rights (Sage Publishers, 2013) 93-130.
4 See for example OECD Guidelines for Multinational Enterprises (Paris: OECD Publishing, 2011)
at Chapter IV Human Rights.
5 UNGPs at para 6 (p4). See further Sara L Seck, “Canadian Mining Internationally and the UN
Guiding Principles for Business and Human Rights” (2011), 49 Can YB Intl L 51 at 94-113.
6 UNGPs at p6.
7 Petition at 9, citing UNGPs Principle 2.
8 UNGPs at p6.
2