For more than two decades, Human Rights Watch has documented human
rights abuses in the context of global supply chains. We have documented
hazardous child labor in tobacco farming in the United States and Indonesia.
Earlier this year we exposed human rights and environmental abuses in the
supply chains of jewelry companies, including forceful displacement of
indigenous peoples from their lands and pollution of waterways and soils with
toxic chemicals.
Under the UN Guiding Principles, companies should ensure that their business
activities, including throughout their supply chains, do not cause, benefit from,
support, or engender human rights abuses.
Despite the importance of the UN Guiding Principles in articulating corporate
responsibilities, they are not a panacea. Critically, they lack any mechanism to
ensure compliance or to measure implementation. This flaw of the Guiding
Principles underlines the importance of the efforts currently underway at the
Human Rights Council toward a binding international treaty on business
enterprises and human rights that can help secure human rights accountability.
What’s clear is that the UN Guiding Principles set an important benchmark for
the expectations of society on the conduct of corporations with respect to
human rights. Many of the standards in the Guiding Principles, although nonbinding, are based on international human rights instruments. It is therefore
incumbent upon national human rights monitoring mechanisms, such as the
Philippines Commission on Human Rights, to ensure that the corporate
responsibility to respect human rights is upheld.
The role and importance of human rights monitoring mechanisms, especially in
cases involving emerging issues of international law, such as those raised by
environmental threats, takes me to the second question.
II. The Inter-American Court’s Advisory Opinion on Human Rights and the
Environment
The second question for me today concerns the Advisory Opinion on Human
Rights and the Environment, published by the Inter-American Court of Human
Rights in February. This opinion is highly significant for the case here, because it
addresses both the extraterritorial dimensions of international human rights law
and the human right to a healthy environment.
It bears recalling that the Inter-American Court, in addition to hearing cases of
violations of the rights and freedoms guaranteed in the American Convention
on Human Rights, can also provide opinions in response to questions presented
by any member state of the Organization of American States. Advisory opinions
by the Inter-American Court are legally relevant to all member states of the
Organization of American States. This includes the United States, where several
of the carbon majors are domiciled.
II.i. Factual Background of the Inter-American Court’s Advisory Opinion
Marcos Orellana – Remarks for Philippines CHR 23 & 24 May Hearing
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