publication of the National Action Plan for Human
Rights – and implementation of the UNGPs on Business
and Human Rights. The resolution focused attention
on the repression of activists peacefully campaigning
for the protection of their ancestral lands from the
harmful impacts of mining and deforestation. It also
concentrated on the inhuman working conditions of
many Filipino seamen, calling on European Union (EU)
member-States to bar vessels from European port
when working conditions contravene labor rights and
the EU Charter of Fundamental Rights.
More recently, on 11 March 2017, a two-day
international workshop on “Business, Human Rights
and Access to Justice” was held in the Philippines. The
multi-stakeholder workshop, led by the Philippine
Commission on Human Rights (CHR), involved
delegates from China, Japan, Korea, Nepal, Mongolia,
Philippines, and other United Nation (UN) agencies,
including representatives from National Human Rights
Institutions (NHRIs), civil society organizations (CSOs),
academe, and other international organizations.
Operationalization of the UNGPs in the Philippines
While the UNGPs are still not fully in place in the
country, these have started to be implemented and
operationalized. A key step is the building of awareness
among relevant constituencies and development of
indicators towards monitoring business corporations’
observance of UNGPs and other international
covenants.
1. Building Awareness on the UNGPs
The UNGPs on Business and Human Rights was
activated by the CHR during the leadership of former
Executive Director Atty. Jacqueline Mejia and then
Chairman Etta Rosales. The latter started popularizing
the UNGP by facilitating forums with the sectors
interested in mining, land rights, and agrarian reform.
These fora included a UN Development Programme
(UNDP)-assisted event where government officials
and top managers from the business community
were called upon to clarify issues and align their
understanding of the UNGPs.
In an interview, Atty. Jesus Torres, Chair of the ESCR
Center, emphasized that even before the UNGPs were
identified, the CHR had embedded in its mandate to
monitor human rights issues on Business and Human
Rights. The CHR conducts data gathering and research
before engaging, requesting, or recommending to
government agencies on legal issues. Also, CHR
has been exploring similar existing initiatives that
complement their goal on mainstreaming the UNGPs
on Business and Human Rights.
2. Establishing Mechanisms and Developing BHR
Monitoring Tool
Aside from building awareness on the UNGPs, the
CHR has sought to identify the mechanisms needed
to effectively address issues on BHR. One such
mechanism is the establishment of indicators that are
needed to monitor businesses and their adherence to
human rights. Using pre-tested indicators, CHR intends
to: (a) review related literature on the International
Covenant on Economic, Social, and Cultural Rights
(ESCR);4 (b) engage rights holders; and (c) encourage
participation of duty-bearers, including businesses.
Along this objective, the CHR is in the process of
developing a guidebook for monitoring and reporting
purposes.
3. Providing Access to Remedy
One of the many roles of CHR is to ensure “access
to remedy.” In December 2016, the CHR filed the
“world’s first ever national investigation into human
rights harms resulting from climate change, despite
apparent opposition from some fossil fuel companies”
(fidh, 2016). This petition was submitted by 18
individuals and 14 organizations, implicating 47 carbon
producers/fossil fuel companies, such as, Chevron,
ExxonMobil, Total, BHP Billiton, Suncor, and Conoco
Philips (Greenpeace, 2016).
According to the CHR, 21 of the 47 participants who
have responded, only six have essentially admitted
their contribution to increasing fossil fuel emission
and cited programs they have initiated to mitigate the
negative effects of their business operations. The other
15 companies have questioned CHR’s jurisdiction,
saying that the Commission is encroaching on the
The International Covenant on ESCR is a UN human rights treaty that gives legal force to the Universal Declaration of Human Rights. This treaty covers important areas
of public policy, such as the rights to: work, fair and just conditions of work, social security, adequate food, clothing and housing, health, and education.
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