Amicus Curiae Brief presented by
ClientEarth
21 November 2016
8. ClientEarth therefore holds relevant expertise in international climate change law and
policy qualifying it to provide this amicus curiae brief to the honourable Commission
on Human Rights (Commission). ClientEarth respectfully requests that the
Commission accept this brief to assist it in its independent investigation into the
responsibility of the Carbon Majors for human rights violations or threats of violations
resulting from the impacts of climate change.
9. ClientEarth declares to the Commission that this brief was independently prepared
by ClientEarth, that no counsel for any party to this investigation (including the
Petitioners) authored this brief, in whole or in part, and that no person or entity
contributed money specifically for the preparation or submission of this brief.
2 Summary of submissions
10. The Commission is an investigative body tasked with protecting and promoting the
human rights of Filipino citizens, but it does not have the power to settle legal
disputes. Accordingly this brief is offered to assist the Commission in its fact-finding
mission. The strict application of legal rules governing liability is neither appropriate
nor necessary for the Commission to fulfil its constitutional task. It is clear, however,
that the Commission may and should draw conclusions about the application of
human rights related laws, principles, norms and standards, as well as the actual and
potential adverse human rights impacts caused by the activities of private entities.7
11. The Commission’s non-judicial role does not diminish the importance or power of its
investigation into the subject-matter of this Petition. To the contrary, the Commission
7
Section 2 of Rule 2 of the Omnibus Rule of Procedure of the Commission on Human Rights.
6