Nature of Inquiry Proceedings – The investigative and inquiry proceedings of
the CHR is fact-finding in nature, and non-adversarial.
The due process requirements of Rule 7, Section 10 apply to:
Any person implicated in the complaint for or report of human rights
violations …
The due process requirements apply not because a party is subject to the
Commission’s jurisdiction, but to ensure that any person whose reputation may be
affected by the findings of the Commission should have the opportunity to
participate in the inquiry process and to put their side of the case. A ‘person
implicated’, outside the jurisdiction of the Commission, is not compelled to give
evidence. Rather they have the opportunity to do so, if they so wish.
Regardless of whether the carbon majors are subject to the jurisdiction of the
Commission, they are given an opportunity to participate in the process and
influence the findings of the Commission.
Where the surrounding circumstances are complex, as here, individual victims will
often be in a weak position to determine accountability for the violations of their
rights, and will consequently be unable to seek remedial action. They are reliant
upon the Honourable Commission to conduct this investigation as a precondition to
their rights being given practical effect 4.
3. The Relationship between climate change and human rights generally
The Petition alleges violations of a wide range of human rights, including those
falling into the category ‘civil and political’, and others, which may be defined as
‘social, economic and cultural’. The allegations reflect the interdependency between
human rights and a safe climate and environment, an interdependency, which is
widely acknowledged in international instruments and jurisprudence.
Principle 1 of the Stockholm Convention 1972, for example, states:
4
See Öneryıldız v. Turkey [GC], no. 48939/99, § 71, ECHR 2004-XII: ‘The Court has held that,
in relation to fatal accidents arising out of dangerous activities which fall within the
responsibility of the State, Article 2 requires the authorities to carry out of their own motion
an investigation, satisfying certain minimum conditions, into the cause of the loss of life ... It
further observes that, without such an investigation, the individual concerned may not be in
a position to use any remedy available to him for obtaining relief, given that the knowledge
necessary to elucidate facts such as those in issue in the instant case is often in the sole
hands of State officials or authorities.’
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