Amicus Curiae Brief presented by
ClientEarth
21 November 2016
is supported by section 3 of Rule 7 of the Omnibus Rules of Procedure, which
provides that:
"[h]uman rights cases and/or issues involving civil and political, or economic,
social and cultural rights which are of domestic and/or international
implication/importance such as extralegal or summary killings, enforced
disappearances, massacres, violations against humanity, hamlettings, forced
evictions and/or illegal demolitions, development aggression, displacements, food
blockades, or violations involving civil, political, economic, social or cultural rights
and/or threats thereof that affect the underprivileged and/or other vulnerable or
marginalized sectors, or community of persons, regardless of the situs of the
violation and/or the personalities involved or implicated in the human rights case
or issues, may be the subject of a public inquiry."
26. It therefore follows that the Commission's investigation of the current and past
activities of the Carbon Majors and their contribution to anthropogenic climate
change is within the scope of its personal jurisdiction.
3.3 Subject matter jurisdiction
27. The Commission is constitutionally empowered to investigate all forms of human
rights violations involving civil and political rights. Civil rights include the rights to:
a. life;13
b. liberty;14
13
Protected by section 1 of Article 3 of the Constitution and Article 6 of Part 3 of the International Covenant on Civil and Political Rights.
14