Figure 8: Interconnection of the three Es to comply with the UNGP-BHR
Establish inclusive human rights governance
(enabling policy environment, policy commitment of businesses)
Assess actual and potential negative human
rights impacts (Guiding principle 18)
Embed
human
rights due
diligence of
businesses
Communicate and report on
performance (Guiding principle 21)
Integrate findings and take appropriate action to
prevent or mitigate potential risks or address human
rights abuses/violations (Guiding principle 19)
Ensure
grievance &
remediation
mechanisms, in
case of abuses/
violations
Track and monitor performance on the
findings (Guiding principle 20)
5. ACCOUNTABILITY AND TRANSPARENCY
Monitoring and reporting ensure transparency and accountability. Several Philippine laws
pertinent to monitoring and reporting business impacts on human rights, communities, and
the environment are already in place. Thus, the need to comply with the human rights
standards under the UNGP-BHR is not new, especially for corporations operating in the
country. Nonetheless, work remains in incorporating the human rights language in the
reporting requirements and processes of corporations to ensure comprehensive coverage of
business and human rights-related matters.
5.1. Government monitoring
The 1987 Philippine Constitution contains provisions that
recognize and accept the State duty to protect against human
rights abuses by third-parties, including the business sector.
Related provisions are as follows:
Article II declares that State policies should guarantee
the respect of human rights, ensure the equality of
women and men, protect the rights to health and the
environment, the family, youth, and workers’ rights;
Article II, Section 20 recognizes the indispensable role
of the private sector, encourages private enterprise,
and provides incentives to needed investments; and
Article XIII provides that to reduce social inequalities
and inequities, the highest priority should be given to
social justice and human rights in relation to labor,
land and natural resources reform, housing, health,
women empowerment, and people’s organizations.
Examples of human rights laws
in the Philippines
Labor Code
Indigenous Peoples Rights Act
Data Privacy Act
�� Consumer Act
Magna Carta of Women
Magna Carta for Disabled
Persons
Anti-Sexual Harassment Law
Women in Development and
Nation Building Act
Safe Spaces Act
Expanded Anti-Trafficking in
Persons Act
R.A. 9231 on child rights
Specific domestic laws and guidelines on monitoring and reporting business compliance with
human rights and sustainability-related concerns include the following:
18