Memorandum for the Petitioners |136
D.
Operational
obligations
Carbon Majors
for
the
8.191.As stated in the Interpretive Guide, “respecting human rights is
not a passive responsibility: it requires action on the part of businesses.”°?
The UNGPs further detail this responsibility in Principle 15 in the form of
operational principles that business enterprises are expected to meet in order
to implement the foundational principles. These operational principles are:
1.
The obligations to have a statement of policy commitment,
a human rights due diligence process and processes to
enable remediation;
2.
3.
Having
prevent,
impacts
section
a human rights due diligence process to identify,
mitigate and account for how they address their
on human rights, as detailed in Principle 17 (see
above); and
Implementing processes to enable the remediation of any
adverse human rights impacts they cause or to which they
contribute.?
8.192.In the context of climate change, compliance with the
requirements of Principle 15 of the UNGPs requires business enterprises to
have:
1.
A policy commitment to meet their responsibility to
respect those human rights that are being and will be
infringed by climate change;
2.
A due diligence process to identify, prevent, mitigate, and
account for how they address the impacts of their
greenhouse gas emissions on human rights; and
3.
Processes to enable the remediation of the adverse human
rights impacts of climate change that are already occurring
or have occurred.®*!
8.193. Principle 16 of the UNGPs
of each of these three requirements. As
Amicus Curiae, applying these principles
climate change entails the responsibilities
639 Interpretive Guide, supra note 589.
elaborates on the operationalization
stated in the Joint Summary of the
to the human rights implications of
of the respondents to:
40 Principle 15 UNGP, supra note 583; ClientEarth Amicus Brief, supra note 37, para. 90.
641 Ibid. para. 111.
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