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appreciation that business activities can cause human rights harm
through climate change and so a commitment from the highest level
of the enterprise to avoid causing, contributing or being linked to
harm is critical for an effective response to climate change.
(f) Principle 17 states that businesses should also carry out human rights
due diligence, which includes “assessing actual and potential human
rights impacts, integrating and acting upon the findings, tracking
responses, and communicating how impacts are addressed.”
Could you please explain what this means in practice and the
relevance of this principle in the context of climate change?
This is the pivotal action to (a) know and show and (b) take steps to
prevent, mitigate or redress any harm. It is through due diligence
that any enterprise will understand the exact nature of its role and
contribution to climate change and so define exactly how each
enterprise can prevent, mitigate or remedy any harms from climate
change.
(g) Principle 22 states that where businesses “identify that they have
caused or contributed to adverse impacts, they should provide for or
cooperate in their remediation through legitimate processes.”
Could you please explain what this means in practice and the
relevance of this principle in the context of climate change?
This principle is straight forward enough. The general responsibility
is to prevent adverse human rights harm through climate change by
undertaking due diligence to know the emerging risks. If however,
the process fails, they should provide remediation. Remediation
covers a wide range of actions from restitution in integrum to
apologies and all that may lie between.
Q19: Could you please explain the concept of corporate human rights due
diligence, that is “the process by which a company can ‘know and
show’ that it respects human rights”?
A19: Corporate human rights due diligence refers to mechanisms and
processes to reveal the potential impacts of the enterprise’s activities.
For human rights purposes, due diligence is expected to reveal as much
of the risks to the company as it does for other third party stakeholders.
Effective due diligence must assess real human rights impact which
should be tracked across the entire business operations and any lessons
learned should be incorporated into the enterprise’s policies. Best of
all, the lessons and policies should be communicated widely.
Q20: Based on those principles then how should States ensure that
businesses within their control or whose acts can be attributed to
States are not violating or infringing the human rights of the citizens?