Memorandum for the Petitioners | 133
reflective of or contrary to some of their purported climate and human rights
commitments, that include efforts to undermine climate science and action
and continued investments in extraction of fossil fuels despite clear scientific
requirements for a phase-out in order to protect people and ecosystems.
B.
Due diligence for
Carbon Majors
the
respondent
8.181.The UNGPs are intended “to prevent business enterprises from
escaping responsibility through the outsourcing of potentially harmful
activities to others through their business relationships.”®’ This includes
being held legally responsible for climate impacts.
8.182. As repeatedly asserted, business enterprises -- regardless of their
level of contribution to GHGs, which caused and are causing climate change
-- must conduct human rights due diligence. An effective human rights due
diligence process in the context of climate change should ensure that the
company has a strong governance framework by which corporate
management acknowledges and describes how they assess and manage the
impact of their operations’ contribution to climate change on human rights.
To meet this obligation, respondent Carbon Majors should:
1.
Implement processes to assess climate change-related
human rights impacts of their products and activities;
2.
Implement measures to rapidly reduce GHG emissions,
including overseas production and activities, major
subsidiaries and their entire supply chain; and
3.
Make
the
relevant
information
and mitigation efforts public.°*
8.183. The application of the UNGPs,
diligence, allows for a focused scrutiny on
have taken and should be taking to fulfill
respect human rights.° Some questions
include:
about
their emissions
especially the requirement of due
the steps that respondents should
their corporate responsibilities to
that are relevant in this regard
27 ClientEarth, CIEL, APF-GANHRI, Plan B, Joint Summary of the Amicus Curiae, supra note 50, p. 65,
citing Mark B. Taylor (CAR), Human Rights Due Diligence: The Role of the States (2013 Update), p. 13,
available at
20 (last accessed on 12 September
| 3-update-final.pdf
www. bhrinlaw.org/icar-human-rights-due-diligence-
2019).
628 See Exhibit “DDDDDDDDD” to “DDDDDDDDD-3, Statement of Resource Person Kumi Naidoo,
dated 06 December 2018, p. 9.
829 See Exhibit “CCCC” to “CCCC-6,” Statement of Statement of Dr. Marcos Orellana, p. 2, supra note
406.
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