is important to note that on the facts before the Commission, which include the deaths of many
Filipinos, there can be no doubt that violations of civil and political rights, notably the right to life,
are implicated here.
The petitioners appropriately rely upon the business responsibility to respect rights in the UN
Guiding Principles to claim that the investor-owned Carbon Majors have breached their
responsibilities to the people and communities of the Philippines by “directly or indirectly
contributing to current or future adverse human rights impacts through the extraction and sale
of fossil fuels and activities undermining climate action”.22 Here reference is made to Principle
13 which provides that businesses are to:
“(a) Avoid causing or contributing to adverse human rights impacts through their own
activities, and address such impacts when they occur; [and]
(b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to
their operations, products or services by their business relationships, even if they have
not contributed to these impacts.”
The petitioners then turn, appropriately, to Principle 17 of the Guiding Principles, which provides
that businesses should “carry out human rights due diligence” in order to “identify, prevent,
mitigate and account for how they address their adverse human rights impacts.”23 Here, the
petitioners claim that the Carbon Majors have breached their responsibility to respect rights by
“failing to prevent human rights impacts that are directly linked to their operations, products, or
services by its business relationships.”
While the importance of human rights due diligence has been recognized by the oil and gas
industry with regard to respect for local community and indigenous rights, tools for the
assessment of human rights impacts associated with climate change do not yet appear to have
been incorporated into industry guidance.24 In light of existing knowledge about fossil fuels and
climate change, a business as usual approach appears entirely inconsistent with the identification
and prevention of human rights impacts following an effective due diligence process as
contemplated by the UN Guiding Principles. As noted by the petitioners, the conduct of the
Carbon Majors risks further human rights violations due to “long-term investments based on a
scenario in which global consumption of fossil fuels continues to grow, thus warming the earth
Extractive Industries: Environmental Law and Standards” Human Rights Law and the Extractive
Industries, Paper No. 12, Page No. 12-1 – 12-42 (Rocky Mt. Min. L. Fdn. 2016).
22 Petition at 19.
23 Petition at 21.
24 See for example the human rights due diligence guidance of the industry association IPIECA,
online: http://www.ipieca.org/publication/human-rights-due-diligence-process-practical-guideimplementation-oil-and-gas-companies ; see also OECD Secretariat, OECD Due Diligence
Guidance for Meaningful Stakeholder Engagement in the Extractive Sector, (2016), online:
https://mneguidelines.oecd.org/OECD-Guidance-Extractives-Sector-StakeholderEngagement.pdf
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