36
reasonable link between the State concerned and the
conduct it seeks to regulate” (emphasis added).149
Principle 3 elaborates that “[a]ll States have
obligations to respect, protect and fulfil human rights,
including civil, cultural, economic, political and social
rights, both within their territories and extraterritorially.”150
Principle 37 requires states to “ensure the
enjoyment of the right to a prompt, accessible and effective
remedy before an independent authority, including, where
necessary, recourse to a judicial authority, for violations of
economic, social and cultural rights. Where the harm
resulting from an alleged violation has occurred on the
territory of a State other than a State in which the harmful
conduct took place, any state concerned must provide
remedies to the victim.”151
2.84. The above relevant principles particularly state in explicit terms
the Philippine state’s obligation to protect individuals in the Philippines and
to prevent abuses of their human rights, specifically by respondents’
contribution to carbon emissions, occurring both within and outside the
Philippines.
2.85. Respondent Carbon Majors are domiciled in many countries
around the world, from the United States to South Africa to Australia. The
corporate groups’ operations take place in an even greater number of
countries. The products are sold and burnt in still a larger number of
countries. Yet the harm at issue in this national public inquiry is occurring
here, in this country, our home, the Philippines.
2.86. With the foregoing, it is beyond question that States are dutybound to protect its people against human rights abuses -- and that the
Honorable Commission is constitutionally tasked to investigate and monitor
-- within their territory or jurisdiction, whether committed by State or nonState actors, including businesses, such as respondents herein. Thus, the
Honorable Commission is indubitably well within its “jurisdiction” or
authority to investigate based on the Petition.
2.87. However, respondent ExxonMobil asked why the government
of the Philippines was not named as respondent in the Petition reasoning that
all the obligations based on international laws and principles are obligations
149
supra., note 148.
supra., note 148.
151
Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and
Cultural Rights, 29 NETH. Q. HUMAN RIGHTS 578 (2011), available at
http://www.maastrichtuniversity.nl/web/Institutes/MaastrichtCentreForHumanRights/MaastrichtETO
Principles.htm, last accessed on 08 February 2017.
150
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