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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