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

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