46
human rights.182 The requirements for businesses to respect human rights
are typically incorporated at the domestic level.183
2.115. Respondents Cemex and Shell challenge the petitioners’
reliance on the Guiding Principles.184 Respondent Shell erroneously claims
that “the Guiding Principles is not a legally binding document; it does not
create any legal obligations on States or private actors.”185 The Guiding
Principles “clarify and elaborate on the implications of relevant provisions
of existing international human rights standards, some of which are legally
binding on States, and provide guidance on how to put them into
operation.”186 The Guiding Principles “refer to and [are] derived from
States’ existing obligations under international law.”187
2.116. Many of the respondent Carbon Majors participate188 in the UN
Global Compact. The Guiding Principles “reinforce the Global Compact
and provide an authoritative framework for participants on the policies and
processes they should implement in order to ensure that they meet their
responsibility to respect human rights.”189
2.117. While domestic laws may not always require companies to take
specific measures to meet the responsibility to respect human rights, like
conducting human right due diligence and the remediation of harm, it is still
“necessary if a company is to know and show that it is meeting its
responsibility to respect human rights.”190 Further, the “[f]ailure to do so
can subject companies to the ‘court of public opinion’—comprising
employees, communities, consumers, civil society, as well as investors.
[Thus,] there can be legal, financial and reputational consequences if
182
Guiding Principles, Frequently Asked Questions about the Guiding Principles on Business and Human
Rights, p. 9, http://www.ohchr.org/Documents/Publications/FAQ_PrinciplesBussinessHR.pdf, last accessed
on 06 February 2017.
183
See e.g. Office of the United Nations High Commissioner on Human Rights, State National Action
Plans, available at http://www.ohchr.org/EN/Issues/Business/Pages/NationalActionPlans.aspx, last
accessed on 08 February 2017. [“The UN Working Group strongly encourages all States to develop, enact
and update a national action plan on business and human rights as part of the State responsibility to
disseminate and implement the Guiding Principles on Business and Human Rights.”]
184
Respondent Cemex’s response, op cit., para. 22-25; Respondent Shell’s response, op cit., p. 50.
185
Respondent Shell’s response, op cit., p. 50.
186
Guiding Principles, op cit., p. 8.
187
Guiding Principles, op cit., p. 8. [“Furthermore, while human rights due diligence and the remediation of
harm may not always be legally required, they are necessary if a company is to know and show that it is
meeting its responsibility to respect human rights. Failure to do so can subject companies to the “court of
public opinion”—comprising employees, communities, consumers, civil society, as well as investors. So
there can be legal, financial, and reputational consequences if companies fail to respect human rights as set
out in the Guiding Principles.” op cit., p 9.
188
United Nations Global Compact, Our Participants, available at https://www.unglobalcompact.org/whatis-gc/participants, last accessed on 08 February 2017.
189
United Nations Office of the High Commissioner on Human Rights, The UN Guiding Principles on
Business and Human Rights: Relationship to UN Global Compact Commitments (July 2011; updated June
2014), available at
https://www.unglobalcompact.org/docs/issues_doc/human_rights/Resources/GPs_GC%20note.pdf, last
accessed on 06 February 2017.
190
See Guiding Principles, op cit., p. 9.
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