51
administrative notice that, supposedly, has no basis in law or in the
Commission’s Omnibus Rules.207
2.131. Respondent ExxonMobil is mistaken. The statement of the
issue and the reliefs prayed for in the Petition are properly within the
coverage of a human rights investigation, specifically, a national public
inquiry.
2.132. On one hand, “[t]he legal meaning of ‘investigate’ is ‘(t)o
follow up step by step by patient inquiry or observation; to trace or track; to
search into; to examine and inquire into with care and accuracy; to find out
by careful inquisition; examination; the taking of evidence; a legal inquiry;
to inquire; to make an investigation (….),’208 A human rights investigation
is a process of determining the particular human right violation, identifying
the composite elements of the particular right, and making recommendations
to protect the particular right.”209
2.133. The Asia Pacific Forum of National Human Rights Institution
and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law
describe a national inquiry, in particular, as follows:
“A national inquiry is a good means to address the
most complex human rights situations that NHRIs
confront. Whereas NHRIs may conduct public hearings
into individual complaints, that process is quite narrow
and confined to the specific facts of the particular
complaints. A national inquiry, by contrast, addresses
patterns of violation revealed by large numbers of
complaints, or other information addressed to the NHRI,
that require a comprehensive approach.
National inquiries address situations of human
rights violations that affect the entire country or a
significant part of it. This is a space dimension. There is
also a time dimension. A national inquiry is a good means
to handle an historic pattern of human rights violations,
such as practices that have become embedded over many
years or decades in the history and culture of the country
and that are difficult to investigate on the basis of isolated
individual actions.
The complexity of the situation being investigated
requires that any response be undertaken by a significant
number of different actors, not only the Government. The
national inquiry process enables the identification of all
207
Respondent ExxonMobil’s Motion to Dismiss Ad Cautelam dated 13 September 2016, Nos. 31-32, pp.
9-10.
208
Cariño vs. CHR, G.R. No. 96681, 02 December 1991.
209
Training Manual on Human Rights Monitoring, UN Office of the High Commissioner for Human Rights
(2001)
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