in relation to environmental protection, including preventing harm resulting
from climate change.113
The procedural duties include the following:
• States must ensure the assessment of
environmental impacts and make environmental
information public;
• States must facilitate public participation in
environmental decision-making, including by
protecting the rights of expression and
association; and
• States must provide access to remedies for
harm.114
The substantive duties on States include the following:
• States must adopt and implement legal
frameworks to protect against environmental
harm that may infringe on enjoyment of human
rights; and,
• States must regulate private actors to protect
against such environmental harm.115
Steps must be taken by the States where the Carbon Majors are
incorporated, such as Australia, Canada, and the United States, and by the
states where the harm is suffered, such as the Philippines, to ensure that the
Carbon Majors refrain from the activities that are interfering with the rights
of Filipinos. The States where the Carbon Majors are incorporated need to
adequately regulate, while the states that are acutely vulnerable to the
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113
Human Rights Council, Report of the Independent Expert on the Issue of Human Rights Obligations
Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment, John H. Knox, Mapping
Report, Twenty-Fifth Session, December 30 2013, at 7, ¶ 17.
114
Id. at 9-12, ¶¶ 25-33.
115
Id. at 7-9, ¶¶ 18-24.
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