30
obligations to respect, to protect, and to fulfill human rights as described
above.
2.65. As party to human rights treaties, the Philippines is subject to
the interpretations of their monitoring bodies. Notably, the UN Human
Rights Committee (the monitoring body for the ICCPR) has clarified that
Parties to the ICCPR are under “positive obligations” to protect individuals
“against acts committed by private persons or entities that would impair the
enjoyment of Covenant rights.”119 The UN Human Rights Committee
further states “[t]here may be circumstances in which a failure to ensure
Covenant rights … would give rise to violations by State Parties of those
rights, as a result of State Parties’ permitting or failing to take appropriate
measures or to exercise due diligence to prevent, punish, investigate or
redress the harm caused by such acts by private persons or entities.”120
2.66. As such, States are required to protect human rights against
violations and abuses arising from acts committed by private entities. In
considering matters related to compliance with the ICCPR, the UN Human
Rights Committee has “called on State Parties to ‘set out clearly the
expectation that all business enterprises domiciled in its territory and/or
subject to its jurisdiction respect human rights standards in accordance with
the Covenant throughout their operations’ as well as to ‘take appropriate
measures to strengthen the remedies for people who have been victims of
activities of such business enterprises operating abroad, as well as strengthen
the safeguards to prevent people from becoming victims to these.’”121
2.67. These obligations are further recognized by the Philippines
through its endorsement of international declarations and its signature or
ratification of international environmental agreements that acknowledge the
intrinsic relationship between human rights and environmental protection,
including the 1972 Stockholm Declaration122 and the 2015 Paris
Agreement,123 among others.
119
UN Human Rights Committee, General Comment 31: Nature of the General Legal Obligation Imposed
on States Parties to the Covenant, UN Doc CCPR/C/21/Rev1/Add.13, 26 May 2004, para 8.
120
supra., note 119.
121
UN Human Rights Committee, Concluding Observations: Republic of Korea, UN Doc.
CCPR/C/KOR/CO.4 (October 2015).
122
The 1972 Stockholm Convention is highly relevant because it is the earliest internationally agreed upon
statements connecting the right to life to environmental protection. The Preamble states: “Both aspects of
man's environment, the natural and the man-made, are essential to his well-being and to the enjoyment of
basic human rights the right to life itself. Principle 1 states: “Man has the fundamental right to freedom,
equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and
well-being, and he bears a solemn responsibility to protect and improve the environment for present and
future generations. United Nations Conference on the Human Environment, Declaration of the United
Nations Conference on the Human Environment, 16 June 1972 at Preamble, Principle 1, available at
http://www.unep.org/documents.multilingual/default.asp?documentid=97&articleid=1503, last accessed on
06 February 2017.
123
Adoption of the Paris Agreement, United Nations Framework Convention on Climate Change, 12
December 2015, FCCC/CP/2015/L.9, available at https://unfccc.int/resource/docs/2015/cop21/eng/l09.pdf,
last accessed on 06 February 2017.
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