foundations, and of relevant factual findings, follows. The amici experts contributing to and
endorsing each heading are identified therein.
Based on the evidence and analysis herein, the amici are in agreement that the Carbon
Majors had and have substantial responsibilities to ensure their products and operations do not
contribute to human rights violations arising from climate change and to provide remedy and
redress where such violations occur. The amici further conclude that the Carbon Majors have
repeatedly failed to fulfill these duties, and that these failures have contributed to climate-related
human rights violations in the Philippines and beyond. They are in further agreement that the
extent and severity of these human rights violations will continue to grow unless and until the
respondent Carbon Majors implement remedial measures consistent with the UNGPs and other
applicable norms.
I.
UNGPs (ClientEarth, CIEL, APF-GANHRI, Plan B)
The international community has explicitly and repeatedly recognized the obligation on
companies to respect human rights norms in their operations. 290 As do the Philippines’ Omnibus
Rules, which explicitly recognize that private entities may commit human rights violations. 291
A.
The UNGPs crystallize baseline standards of corporate responsibility in
the context of human rights
The core international human rights instruments do not explicitly address the human
rights obligations of private enterprises and were historically interpreted to establish binding
obligations only among States. Over the past decade, however, a growing body of jurisprudence,
scholarship, and authoritative statements has clarified that private actors, including corporations,
have significant responsibilities with respect to human rights, and that it is incumbent upon
States to ensure corporate compliance with these responsibilities and provide for corporate
accountability and access to justice when standards are not met. 292 These global standards of
corporate responsibility in the context of human rights were crystallized and codified in the
UNGPs, endorsed by the Human Rights Council in 2011. 293 The UNGPs do not purport to create
new obligations, but rather encapsulate existing and established international human rights law
relevant to private actors. As such, they may be used to guide the Commission’s factual
investigation in this national inquiry. 294
290
See UN Guiding Principles on Business and Human Rights, supra note 237. While the Guiding Principles were
adopted only in 2011, the fundamental human rights instruments that it encompasses, and which business enterprises
must respect date to the very beginnings of the modern system of human rights—the Universal Declaration of
Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and the International
Covenant on Economic, Social and Cultural Rights (1966). The rights themselves are older still, arising from the
basic moral precepts and social contract which bind humans together into society.
291
Plan B brief, at § 6.1; see also Section I on Jurisdiction, supra.
292
MAASTRICHT PRINCIPLES ON EXTRATERRITORIAL OBLIGATIONS OF STATES IN THE AREA OF ECONOMIC, SOCIAL
AND CULTURAL RIGHTS, supra note 242, at ¶¶. 9, 24, 25, 37.
293
ClientEarth brief, at ¶ 50.
294
ClientEarth brief, at ¶ 52.
60
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents