Pitfalls and Pipelines - Philippine Indigenous Peoples Links

298 Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries
comply with the obligation to respect and ensure the rights of all people
and all groups within its jurisdiction. 71
From there, to think in a juridical way about extraterritoriality means to
propose a different consideration of the jurisdiction, which transcends
the mere control of a territorial area. 72 This is the logic of trans-state
solidarity, which drives the concept of universal justice contained within
our Judicial Act. It is also the progressive logic which drives international
human rights law, starting with some of its Conventions and Covenants,
such as the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, applied and exercised through the
Committee against Torture, which has implications in any territory under
its jurisdiction, establishing a certain legal competence with the states that
it will be necessary to distinguish and demarcate before the obligations
of this instrument come into play. It is the same for the International
Covenant on Economic, Social and Cultural Rights (ICESR), through the
Committee on Economic, Social and Cultural Rights (CESCR) in which
cooperative extraterritoriality between states constitutes a fundamental
starting point to understand all the rights contained in the pact and the
way to implement and guarantee them. Extraterritoriality, in terms of
cooperative solidarity, understood as “working together,” constitutes the
basis of interpretation of the (ICESR), such as is derived in Articles such
as 2.1, 11, 22 and 23; or the General Observations from the CESCR, such
as 2, 8, 12 and 14. 73 Similar reflections could be made of the American
Convention of Human Rights and the Convention on the Rights of the
Child through its Optional Protocol, in relation to the sale of children, child
prostitution and the use of children in pornography.
Material basis for an extraterritorial application of the Convention in
the Spanish state
When we talk about a material basis we mean the empowering opinions,
which would permit and guarantee an extraterritorial application of the
Convention. In this section we will structure what we consider the main
arguments to make the thesis we are proposing here plausible.
1. Firstly, it is imperative that we prolong the logic and demands of the pro
homine principle, such as is understood and applied within the framework
of human rights. This urges us to always look for the most favorable
and progressive interpretation of the rights, that which can be used in
relation with the contexts which we work with; specifically in our case, with