20
but rather encompasses a broad array of rights that include the rights invoked
in the Petition.
2.40. With this discussion, there is no point in belaboring on
respondent Shell’s citation of cases, declaring: “administrative issuances
must not override, but must remain consistent with the law they seek to
apply and implement.”70
2.41. At any rate, in refusing to have its hands tied and bearing in
mind the universality, indivisibility, interrelatedness, and interdependence of
human rights, as discussed, the Honorable Commission71 issued CHR
Resolution No. A95-096,72 which positively avowed for, as one of its
operational priorities, “investigative monitoring of incidents and/or
conditions obtaining in the country which are violative of concerns in both
areas of civil and political rights and economic, social, and cultural rights.”73
2.42. CHR Resolution No. A95-096 invoked the international
principles that “human rights is concerned with issues in both areas of civil
and political rights, and economic, social, and cultural rights founded on
internationally accepted human rights obligations to which the Philippine
Government is a state party.”74
2.43. Significantly, CHR Resolution No. A95-096 paved the way for
the so-called “investigative monitoring” function which the Honorable
Commission applies when it deals with human rights complaints involving
economic, social, and cultural rights (“ESCR”).75 A careful perusal of the
records of the Honorable Commission “since 2000 to present, especially
those coming from the regional offices, show various investigations and
legal interventions conducted to promote and protect ESCR. The records
reveal an assortment of ESCR violations, such as the right to education,
right to health, right to ecology, right to housing, right to just and
favorable conditions of work, right to social security, domestic violence
against women and children, among others.”76
2.44. One case in point is when the Honorable Commission, through
the Assistance and Visitorial Office and the CHR Region III Office,
conducted an “investigative monitoring” on the complaints filed regarding
toxic wastes within the Clark Air Base area, when the United States Bases
70
No. I (E), pp. 29-33 of respondent Shell’s Motion to Dismiss Ex Abundanti Ad Cautelam.
Through its then Chairperson (Sedfrey Ordoñez)
72
December 1995
73
CHR Mandate over Economic, Social, and Cultural Rights (ICESCR), p. 6, available at
http://tbinternet.ohchr.org/Treaties/CESCR/Shared%20Documents/PHL/INT_CESCR_NGO_PHL_41_991
2_E.doc, last accessed on 01 January 2017.
74
CHR Mandate over Economic, Social, and Cultural Rights (ICESCR), Id., p. 6.
75
CHR Mandate over Economic, Social, and Cultural Rights (ICESCR), Id., p. 7.
76
supra., note 75.
71
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