Memorandum for the Petitioners |146
9.5.
In support of this conclusion, the Honorable Commission should
take note of the following findings that have been substantially -- if not
overwhelmingly -- established through the National Inquiry:°°
A.1.
Findings concerning its authority to
conduct the National Inquiry
a)
The Honorable Commission had a clear mandate to
conduct a National Inquiry into the claims raised by the
petitioners in accordance with the 1987 Philippine
Constitution and national and international laws;*”
b)
There is a clear nexus between the country of the
Philippines and the human rights violations raised in the
Amended Petition based on both the effects doctrine and
the protective principle;®7! and
c)
The Philippines has obligations under various human
rights treaties to provide access to a remedy for individuals
and communities affected by human rights violations,
which includes an effective investigation into the human
rights violations alleged by the petitioners.*”
A.2.
Findings concerning climate science
a)
There is an overwhelming scientific consensus that human
activity, primarily the burning of fossil fuels, is causing
climate change;°?
b)
The conclusions contained in the reports of the IPCC
expressed as being “likely” or “very likely,” should be
relied upon as fact in court proceedings (in order to satisfy
the civil standard of proof) and for the purposes of the
Honorable Commission’s National Inquiry and issuance of
a Resolution;*"
669 The Petitioners kindly acknowledge the recommendations contained in the Joint Summary of the Amicus
Curiae. Many of the recommendations of findings in this memorandum use the exact language from the
Joint Summary of the Amicus Curiae,
67 Joint Summary of the Amicus Curiae, supra note 50, p. 9.
6" Ibid.
62 Ibid; ClientEarth Amicus Brief, paras. 37, 43 (citing U.N. Human Rights Office of the High
Commissioner, Understanding Human Rights and Climate Change, Submission of the High Commissioner,
Understanding Human Rights and Climate Change, Submission of the Office of the High Commissioner for
Human Rights to the 21 Conference of the Parties to the United Nations Framework Convention on
Climate Change [2015], p.3).
673 Cook, J. et al., supra note 69.
67 ClientEarth, Joint Summary of the Amicus Curiae, supra note 50, p. 75.
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