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, from 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 sovereignty of
their mother State; this is because most of these companies do not have local
registration or counterparts in the Philippines (Canlas, personal interview, 10
March 2017). The issue of jurisdiction states that a country may apply criminal
law to domestic companies for conduct abroad – that is, the principle of
extraterritoriality (Global Witness, 2011).
Recommendations to Further Mainstream
the UNGP BHR in the Philippines
The CHR has acknowledged that much is needed to fully adopt the UNGP
on BHR in the Philippines. The many existing and overlapping laws related to
business and human rights have caused more chaos than order. Thus, there is a
need to undertake more studies to make these laws complementary, using the
UNGP BHR as a synchronizing framework.
According to Jesus Torres of the CHR, the Commission, alongside other
stakeholders, should come together and develop a collaborative platform to
minimize the adversarial handling of cases (Torres, personal interview, 9 March
2017).
Also, it is important to establish the indicators that will be used in monitoring
BHR to foster agreements and understanding in observing these guidelines.
Along this direction, the following activities are recommended:
r
Convene a multi-stakeholder consultation upon the development of
the National Action Plan for Business and Human Rights led by the
Presidential Human Rights Committee;
r Conduct workshops among stakeholders, particularly the vulnerable
sectors to help them better understand their rights, the mechanisms,
and options they have in dealing with investors/businesses; and,
78
Upholding Land Rights amidst the Land Rush
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