Memorandum for the Petitioners | 24
4.10.
To
remove
further
doubt
on
the
matter,
Commission highlighted the following during the opening
hearings on 27 March 2018:
the
Honorable
of the public
... What the CHR can and does have the ability to do
is to investigate and monitor matters concerning the civil,
political, economic, social, and cultural rights of persons,
with a particular focus and concern on those who often are
unable to protect themselves or to assert their rights, such as
those who belong to the marginalized vulnerable sectors of
our society.
That is to say we may be able, as a Commission, to
look into the facts and circumstances of an event or series of
events and, after due consideration and deliberation, make a
determination utilizing all the relevant expertise at our
disposal, whether there has occurred a human rights violation
and to consider who the perpetrators might be.
For this purpose and in this instance, the Commission
has decided to give due course to this petition and to conduct
a National Inquiry akin to other national inquiries that we
have already regularly conducted with regards [sic], for
example, to indigenous people’s rights and on the
implementation of the Reproductive Health Law’s impact on
women’s rights.
4.11. The remedies sought by the petitioners are, therefore, entirely
appropriate, including the request that respondent Carbon Majors submit
plans indicating how these violations or threat of violations will be eliminated,
remedied, and prevented in the future. The request that other States, including
the States of incorporation of the respondent Carbon Majors, be called upon
“to take steps to prevent, remedy,
or eliminate human
rights violations or
threats of violations resulting from the impact of climate change” is also
entirely reasonable.®” As amicus expert Sara Seck puts it, “[i]ndeed, it is in
keeping with the duty of international cooperation that is essential to solving
the climate crisis.”
4.12. Petitioners are not asking the Honorable Commission to go
beyond its constitutional mandate; rather, it should give life and breadth to its
investigatory, recommendatory, and monitoring powers by making actual
findings that correctly reflect the pieces of evidence established during the
entire proceeding.
66 Opening Remarks of Chairman Jose Luis Martin C. Gascon, TSN dated 27-28 March 2018, pp. 3-4,
supra note 56.
67 Seck, S., Amicus Submission, dated 12 November 2016, supra note 43, p. 7.
68
Id.
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