National:
Reverse burden of proof principle
Increase access to justice against corporate impunity by ensuring that the burden of proving whether harm or abuses were committed by transnational corporations or certain actors should fall to on those responsible for the act, under the legal principle of “res ipsa loquitur” (the mere occurrence of the act implies negligence), and not to the past, present, and future victims of such abuse.
What does this look like?
Adopt provisions to reverse the burden of proof principle to help ensure victims are better positioned within justice processes that displace national law.
Adopt provisions to place the burden of proof on polluting and destructive corporations, not the people holding them accountable.
Implementing the measures of the liability roadmap
Decision-makers and movements at all levels should keep the following in mind when implementing the measures laid out in this roadmap:
Enacting these policies and measures is simply the first step to holding polluting and destructive industries liable: There will be much work for government officials, decision-makers, activists and civil society alike to do to ensure these measures are fully implemented and move us toward the transformative change the world needs.
Liability should be applied to all industries and corporations that make business decisions that contribute to climate change and its impacts, or that cause harm to people and nature. In addition to the fossil fuel industry, these industries include but are not limited to agribusiness, forestry, mining, and the energy sector.
Many of these measures could equally apply to State-owned corporations. Because the national contexts and unique needs vary from country to country, it is worth considering where to apply and how to adapt the principles and measures listed in the liability roadmap to address State-owned polluting corporations. Factors to consider when doing so could include but are not limited to the degree of democratic control over the entity, role and use of funding from oil/gas revenues, and responsiveness of the entity to transition to regenerative, renewable energy sources.
Measures implemented at the national level should support and reinforce, rather than contradict, measures implemented at the sub-national and local, and vice versa.