Finally, we appreciate BHP Billiton recognizing the link between climate change and
human rights:
BHP Billiton recognises the multiple dimensions of the challenges posed by
climate change, including the potential direct and indirect impacts of climate
change on the realisation of human rights.
BHP Billiton’s response available at: https://businesshumanrights.org/sites/default/files/documents/20160908%20Philippines%20CHR%20Pet
ition%20BHP%20Billiton%20ResponseFinal%28002Statement%29.pdf.
In addition to these strong statements, comments provided to the Center include
challenges to the Commission’s jurisdiction over the entities (see, ConocoPhillips and
Anglo American responses) and its authority to fulfill some of the relief sought by the
Petitioners (see, BHP Billiton response).
III. There Should Be No Question About The Commission’s Authority To
Undertake This Investigation.
Several of the Respondents that publicly shared comments and answers are challenging
the Commission’s jurisdiction over the Respondents and their activities, as well as
questioning whether the Commission has the authority to grant the relief sought in at least
the first and fifth prayers for relief.
These challenges are misplaced. The Commission has initiated an investigation into the
Respondents’ roles in harming and posing harm to the human rights of Filipinos. There
should be no question that the Commission has the authority to investigate violations of
human rights, regardless of whether the entities violating human rights reside within the
Philippines or whether the actions impacting Filipinos took place inside or outside of the
country.
This authority is found in the Constitution of the Republic of the Philippines itself, which
declares the Commission “shall have the . . . powers” to “[i]nvestigate, on its own or on
complaint by any party, all forms of human rights violation involving civil and political
rights.” The Constitution of the Republic of the Philippines (1987) (hereinafter
Constitution) Art. XIII, sec. 18(1).
It must be reiterated that the Commission is not starting a formal adjudicative proceeding.
It is opening an investigation and granting the Respondents an opportunity to be heard.
In a document posted on the Business & Human Rights Resource Center’s website, a
representative of ConocoPhillips explains to the Center that the company has legally
challenged the Commission’s activity “including a challenge to the jurisdiction over
ConocoPhillips given [the company’s] lack of operations in the Philippines.”
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