Memorandum for the Petitioners |127 8.161.The UNGPs, implementing the UN’s “protect, respect, and remedy” framework adopted by the Human Rights Council in 2011, restates and codifies existing international and national legal standards on human rights and business enterprises. Endorsed by the UN Human Rights Council as the foundation for assessing corporate responsibilities to uphold human rights, they present the most authoritative statement on the subj ect."4 8.161.1. The UNGPs, which is based on three pillars,°*° do not purport to create new obligations, but rather encapsulate existing and established international human rights law relevant to private actors. The Honorable Commission should rely on the UNGPs in making findings in its factual investigation into the responsibility of respondent Carbon Majors for climate-related human rights harms. °° Eighteen (18) respondent Carbon Majors are listed as participants in the UN Global Compact, *’ which aligned with the UNGPs.** “promotes tools and resources” 8.161.1.1. Inthe case of Kalifia and Lokono Peoples v. Suriname, the Inter-American Court of Human Rights relied on the UNGPs, specifically taking note that “businesses must respect and protect human rights, as well as prevent, mitigate, and accept responsibility for the adverse human rights impacts directly linked to their activities.” 8.161.2. Compliance with the UNGPs should be interpreted in accordance with international law governing climate change, including the UNFCCC and the best available science, as well as with norms of international environmental law, including the precautionary principle, the polluter pays principle,®” and preventive approach. 8.161.3. The UNGPs entail a corporate responsibility to protect human rights in both substance and process. Business enterprises should avoid infringing on the human rights of others 5% Addo. M., supra note 590. 595 The first pillar is the duty of States to protect everyone from human rights abuse, including from third parties such as businesses. The second pillar is the responsibility of business enterprises to respect human rights in all their activities. The third pillar covers the range of mechanism, from judicial, national human rights institutions, to corporate grievance, to remedy any human rights harms; Addo., M., supra note 590, p. 3, TSN dated 23 May 2018 p. 102; Exhibit “SSS,” slide 6; Exhibit “QQQ,” A18, p. 3, available at https://www.ohchr.org/documents/publications/GuidingprinciplesBusinesshr_eN.pdf (last accessed on 12 September 2019). 596 See ClientEarth Amicus Brief, supra note 37, p. 51-56 . 597 Annex “E” hereof (Respondent Carbon Majors’ Commitments, Scores, and Grades) 598 See https:/Awww.unglobalcompact.org/what-is-gc/our-work/social/human-rights (last accessed on 12 September 2019). 599 Inter-Am. Ct. H. R., Judgment (Merits, Reparations, and Costs), par. 224 (25 November 2015), available at http:/Avww.corteidh.or.cr/docs/casos/articulos/seriec_309_ing.pdf (last accessed on 12 September 2019). 609 Joint Summary of the Amicus Curiae, supra note 50, p. 65.