Memorandum for the Petitioners | 23 4.8. The Asia Pacific Forum of National Human Rights Institution (NHRD -- one of the amici experts supporting the petitioners -- 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 comprehensive approach. to the NHRI, that require a 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 those who have some past, present or future role in relation to the situation or some responsibility for its causes or consequences. It therefore permits findings and recommendations to be made in relation to all those who share responsibility.“ (Emphasis supplied) 4.9. As correctly pointed out by the amicus curiae expert, Environmental Law Alliance Worldwide (ELAW), in its submission to the Honorable Commission dated 07 November 2016, according to Article XII, Sections 18(1) and (3) of the 1987 Philippine Constitution, “the Honorable Commission has powers to investigate ‘all forms of human rights violations involving civil and political rights’ and broad authority to ‘[p]rovide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection.” “ Asia Pacific Forum of National Human Rights Institutions and Raoul Wallenberg Institute of Human Rights and Humanitarian Law (September 2012), Manual on Conducting a National Inquiry into Systemic Patterns of Human Rights Violations, available at https://www.asiapacificforum.net/resources/manualconducting-a-national-inquiry/ (last accessed 12 September 2019). 6 See Amicus Curiae submission by ELAW, supra note 36, p. 6.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents