need for a comprehensive strategy on a “just transition” for workers and communities to ensure
everyone is a part of the sustainable economy and benefit from decent and green jobs.23
The propriety of this Petition is supported by the recognition of the human rights
implications of climate change by the UN Human Rights Council, Special Procedures of the UN
Human Rights Council, the nations participating in the Climate Vulnerable Forum, and the
Government of the Philippines..
On the authority to exercise jurisdiction over investor-owned Carbon Majors to determine
whether they have breached their responsibility to respect human rights, the Guiding Principles
on Business and Human Rights (Guiding Principles)24 recognizes that corporations have a
responsibility to respect human rights, which arises from a “global standard of expected conduct
applicable to all businesses in all situations.”25 The commentary under Principle 11 states:
The responsibility to respect human rights is a global standard of
expected conduct for all business enterprises wherever they
operate. It exists independently of States’ abilities and/or
willingness to fulfil their own human rights obligations, and does
not diminish those obligations. And it exists over and above
compliance with national laws and regulations protecting human
rights.26
The Human Rights Council unanimously endorsed the Guiding Principles in its
resolution 17/4 of 16 June 2011.27 According to the Guiding Principles, corporations bear a
responsibility to respect human rights,28 and “[s]tates should set out clearly the expectation that
all business enterprises domiciled in their territory and/or jurisdiction respect human rights
throughout their operations.”29
States have obligations with respect to human rights, both within their territories and
extraterritorially, based on international law. Specifically, states have extraterritorial obligations
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23
See T. Kjellstrom, et al, Ruby Coast Research Centre, Climate Change and increasing heat impacts on Labor
Productivity, Apr. 25, 2015., http://www.thecvf.org/wpDcontent/uploads/2015/05/labour.pdf (last accessed
on Apr. 20, 2016).
24
United Nations Human Rights Council, Report of the Special Representative of the Secretary General
on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, Seventeenth Session,
Mar. 21, 2011, http://www.ohchr.org/documents/issues/business/A.HRC.17.31.pdf (last accessed on Apr. 20, 2016)
[hereinafter Guiding Principles].
25
United Nations-Office of the UN High Commissioner, The Corporate Responsibility to Respect Human Rights:
An Interpretive Guide, 2012 at 13-14, http://www.ohchr.org/Documents/Publications/HR.PUB.12.2_En.pdf (last
accessed on Apr. 20, 2016) [hereinafter Interpretive Guide].
26
Guiding Principles, supra note 24, at ¶ 11.
27
United Nations Human Rights Council, Resolution Adopted by the Human Rights Council: 17/4 Human Rights
and Transnational Corporations and Other Business Enterprises, Seventeenth Session, July 06,
http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/17/4 (last accessed on Apr. 20, 2016).
28
Guiding Principles, supra note 24, intro ¶ 6.
29
Guiding Principles, supra note 24, ¶ 2.
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