CLIMATE CHANGE AND HUMAN RIGHTS 2.3 Private Sector Obligations to Address the Human Rights Implications of Climate Change As discussed above, states have an obligation to protect human rights against abuses by third parties, as well as an obligation to provide access to an adequate remedy, judicial or non-judicial, when human rights are violated by non-state actors. The core international human rights treaties do not directly address the obligations of private parties to respect human rights, but there are some standards for non-state actors that countries are beginning to incorporate into domestic law. These standards are enshrined in the UN Guiding Principles on Business and Human Rights (the “Ruggie Principles”), proposed by UN Special Representative John Ruggie and endorsed by the UN Human Rights Council in June 2011.204 The Ruggie Principles provide additional guidance to countries on how to fulfill their obligations in this context, as well as principles that are directly applicable to private actors. The foundational principles for private actors include, inter alia: 1. Businesses should respect human rights by avoiding infringing on the human rights of others and addressing any adverse human rights impacts with which they are involved. 2. The rights that must be respected by businesses include, at minimum, the rights recognized in the International Bill of Rights (UDHR, ICCPR, ICESCR) and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work. 3. To meet their human rights responsibilities, businesses should implement policies and processes appropriate for their size and circumstances, so as to safeguard human rights in all aspects of their operation. 4. Businesses should also carry out human rights due diligence, which includes assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed. 5. Where businesses identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes.205 A complete assessment of non-state actors’ obligations is beyond the scope of this report, but it is worth noting that non-state obligations with respect to human rights are also outlined in the Oslo Principles (which deal specifically with climate change).206 In addition, the International Bar Association (IBA) published a recent report on advancing climate justice which contains recommendations on how corporations can implement the Ruggie Principles through the implementation of corporate responsibility policies and other actions.207 204 205 206 207 UNHRC Res. 17/4, Human Rights and Transnational Corporations and Other Business Enterprises, UN Doc. A/HRC/Res/17/4 (July 6, 2011). Guiding Principles on Business and Human Rights, Part II: The Corporate Responsibility to Respect Human Rights (2011). Oslo Principles, pp. 27-30. IBA Presidential Task Force on Climate Change Justice and Human Rights, Achieving Justice and Human Rights in an Era of Climate Disruption (2014). T H E O B L I G AT I O N S O F G O V E R N M E N T S A N D P R I VAT E A C T O R S T O R E S P O N D T O T H E H U M A N R I G H T S I M P L I C AT I O N S O F C L I M AT E C H A N G E 29