108
countries. Technology transfers between States should
take place as needed and appropriate to ensure a just,
comprehensive and effective international response to
climate change. States should also take steps to ensure that
global intellectual property regimes do not obstruct the
dissemination of mitigation and adaptation technologies
while at the same time ensuring that these regimes
create appropriate incentives to help meet sustainable
development objectives. The right of indigenous peoples to
participate in decision making related to and benefit[ing]
from the use of their knowledge, innovations and practices
should be protected.497
iii. Cooperate towards the Creation of a Legally Binding
Instrument to Strengthen the Implementation of the
UNGP-BHR, and Provide Redress Mechanisms for
Victims of Human Rights Harms Caused by Businesses
States “must take adequate measures to protect all persons from human rights
harms caused by businesses,”498–including those arising from the impacts
of climate change. Further international legislation that will close global
governance gaps and make businesses “accountable for their climate impacts
and participate responsibly in climate change mitigation and adaptation
efforts with full respect for human rights”499 is needed. This regulation
must necessarily include State “activities conducted in partnership with the
private sector” or “[w]here States incorporate private financing or marketbased approaches to climate change within the international climate change
framework.”500
For the proposed treaty to be fully meaningful, the Commission further
endorses the recommendation to include redress mechanisms and effective
remedies for victims of human rights violations committed by enterprises
pursuant to or in the conduct of business activities.
497
OHCHR, CoP 21 Submission, supra note 349, at 4, para. 7.
499
Id. (Emphasis supplied).
498
500
Id. at 4, para. 8 (Emphasis supplied).
Id. (Emphasis supplied).
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