The company provides no basis for raising this challenge, nor could it. According to the
Constitution of the Republic of the Philippines, the 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.” Constitution, Art. XIII, secs. 18(1),
(3).
A. The petition invokes civil and political rights as enshrined in the Constitution, the
Commission’s Rules of Procedure, and the International Covenant of Civil and
Political Rights (ICCPR).
The petition alleges the violation of the following human rights: “(a) to life; (b) to the
highest attainable standard of physical and mental health; (c) to food; (d) to water; (e) to
sanitation; (f) to adequate housing; [and] (g) to self-determination . . . as well as the right
of Filipinos to development.” Petition at p. 8. The Petitioners also point to violations of
the rights “to health” and “to a balanced and healthful ecology,” identifying them as
“environmental rights.”
The Constitution does not define civil and political rights. However, the Constitution
authorizes the Commission to adopt “its operational guidelines and rules of procedure.”
Constitution, Art. XIII, sec. 18(2). The Commission’s guidelines and rules of procedure
include a non-exhaustive list of the civil and political rights that fall within its
investigative jurisdiction. Among other rights, the list specifically includes two of the
rights asserted by the Petitioners, the right to life, and the right to be free from
discrimination. The Omnibus Rules of Procedure of the Commission on Human Rights.
(April 2012) [Omnibus Rules of Procedure], Rule 2, sec. 1. This list is non-exhaustive
and could include all of the rights raised by petitioners.
The International Covenant of Civil and Political Rights (ICCPR), the primary
international treaty protecting civil and political rights, provides an authoritative list of
civil and political rights. This list includes the following rights mentioned in the petition:
the right to self-determination (Article 1), the right to equality and non-discrimination
(Articles 2 and 26), the right to life (Article 6), and the rights of minorities (Article 27).
Finally, a 2015 report by the UN Office of the High Commissioner for Human Rights
entitled “Understanding Human Rights and Climate Change” (available at
http://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf) also identifies the
right to meaningful and informed participation as another civil and political right that
could be harmed by the actions at the heart of the petition.
Accordingly, the petition alleges violation of several civil and political rights, bringing it
squarely within the Commission’s jurisdiction.
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