2
remedies for victims of business-related HR violations through judicial or nonjudicial mechanism.
Central to the foundational and operational guidelines of the UNGP on BHR
is the state, being the primary duty-bearer. Pillar 1 and 3 bear on the state as protector
of rights and provider of effective remedies, judicial or non-judicial respectively. In
addressing any human rights impacts or violations, UNGP places emphasis on the
protection of vulnerable groups such as women, worker, IPs, migrant workers and
farmers among others. Pillar 2 on corporate responsibility to respect human rights
essentially sets out the norm that in the conduct of their business, BEs should do no
harm and should conduct human rights due diligence to be able to address their
impacts on the rights of peoples and communities.
The climate action of both state and non-state actors, specifically the carbon
majors should promote and protect Human Rights. Mitigation and/or adaptation are
the generally climate actions that both state and non-state actors should employ. But
aside from mitigation and adaptation is to institutionalize the urgent need for
rights and obligations to be matched by appropriate and effective remedies
whenever breached. Thus, a human rights-based climate action should ensure the
following: access and participation of vulnerable groups; it should be nondiscriminatory; there should be transparency and accountability; and it should be
sustainable and evidence-based.
National laws and even local ordinances which the national and local
government Units (LGU) adopt are vehicles for the climate actions of the
government. These will be analyzed based on the foregoing premises with the end
in view of identifying the policy gaps and recommendations.
Loretta Ann P. Rosales
December 11, 2018