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.
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