implicates hotly contested political issues, the judiciary must not shrink from its role as a coequal
branch of government.”78 Likewise, this Commission must not shrink from its role to “take
cognizance of and investigate, on its own or on complaint by any party, all forms of human
rights violations and abuses involving civil and political rights….” 79 While petitioners’ claims
regarding these violations and abuses may be hotly contested, this Commission has an obligation
under the Philippine Constitution to investigate the Carbon Majors’ responsibility for climate
change induced human rights violations and abuses. Failing to do so, the Commission would be
betraying its public trust responsibilities to petitioners and current and future generations of
Filipino children. As Judge Ann Aiken noted, the “[T]he term ‘public trust’ refers to the
fundamental understanding that no government can legitimately abdicate its core sovereign
powers.”80 This Honourable Commission on Human Rights must fulfill its core duty to
investigate the human rights violations of the Carbon Majors and has the opportunity to assist the
Philippine government to exercise its core sovereign powers to protect the public trust for current
and future generations of Filipino children.
Respectfully submitted,
Our Children’s Trust
PO. Box 5181
Eugene, Oregon 97405
United States of America
info@ourchildrenstrust.org
www.ourchildrenstrust.org/
78
Order and Opinion Denying Motions to Dismiss, Juliana, et al. v. United States of America, et al., Case No. 6:15cv-01517-TC, 54 (D. Or. Nov. 10, 2016), available at https://www.ourchildrenstrust.org/s/Order-MTDAiken.pdf.
79
See Article XIII, Sections 17-19, of the 1987 Philippine Constitution, http://www.gov.ph/constitutions/1987constitution/; see also Executive Order No. 163, Commission on Human Rights of the Philippines (last visited Nov.
15, 2016), http://www.chr.gov.ph/MAIN%20PAGES/about%20us/03exec_order.htm.
80
Order and Opinion Denying Motions to Dismiss, Juliana, et al. v. United States of America, et al., Case No. 6:15cv-01517-TC, 36 (D. Or. Nov. 10, 2016), available at https://www.ourchildrenstrust.org/s/Order-MTDAiken.pdf.
Our Children’s Trust Amicus Curiae Brief
16