Category: Right to a healthy environment

Categories
2022 Children's rights/best interests Climate activists and human rights defenders Domestic court Mexico Right to a healthy environment Right to health Right to water Standing/admissibility

Youth v. Government of Mexico

Summary:

On 5 December 2019, the plaintiffs filed for protection against several authorities and acts. Notably, they claimed that the President of the Republic, the Head of the Ministry of Environment and Natural Resources, the Inter-Ministerial Commission on Climate Change, and other authorities had failed to issue regulations and policies regarding climate change which they were required to by national law. The plaintiffs claim that the failure to issue such regulations and policies had violated their constitutionally protected rights. They invoke, among other rights, the right to health protection, the right to a healthy environment, the right to water and the rights of children.

In a decision by the District Court in Administrative Matters in Mexico City, on 20 May 2022, the case was dismissed on the basis that the plaintiffs lacked a legitimate interest, as required to claim the alleged legislative omissions. The court argued that the plaintiffs could not prove a link between themselves and the environmental services of the allegedly violated ecosystem, as required by Mexican law.

The Collegiate Court in Administrative Matters in Mexico City, the appeals court, overruled this decision on 21 September 2022. It stated that the plaintiffs do have a legitimate interest because the legislative omissions affect the entire national territory and the applicants intend to counteract climate change and prevent its effects. Hence, a special link to ecosystems or the environment is not required because, as long as the plaintiffs reside in the national territory, such a link is established.

The case was forwarded to the Supreme Court of Mexico, where it is currently pending, to clarify the issue of the alleged human rights violations.

Stauts of Case:

The Supreme Court decision is pending

Suggested case citation:

Collegiate Court in Administrative Matters of Mexico City, Youth v. Government of Mexico, Judgment of 21 September 2022, R.A. 317/2022.

Case documents:

complaint_20191205_ESDownload
district_court_decision_20220520_ESDownload
appeals_court_decision_20220921_ESDownload

Date last updated:

29 November 2023

Categories
Climate activists and human rights defenders Domestic court Emissions reductions/mitigation European Convention on Human Rights Non-discrimination Paris Agreement Right to a healthy environment Right to culture Right to education Right to health Right to life Right to subsistence/food Right to water Self-determination Turkey Uncategorized

A.S. & S.A. & E.N.B v. Presidency of Türkiye & The Ministry of Environment, Urbanization and Climate Change

Summary:

On 13 April 2023, Türkiye submitted its updated Nationally Determined Contribution (NDC) to the Secretariat of the United Nations Framework Convention on Climate Change (UNFCCC). The NDC states that Türkiye aims to reduce its CO2 emissions by 41% by 2030 compared to the business-as-usual scenario with 2012 as its base year, and plans on peaking emissions by 2038 at the latest. This would increase CO2 emissions by 30% until 2030. Due to this further increase in CO2 emissions, climate activists Atlas Sarrafoğlu, Ela Naz Birdal and Seren Anaçoğlu filed a lawsuit against President Recep Tayyip Erdoğan and the Ministry of Environment, Urbanization and Climate Change before the Council of State (the highest administrative court in Türkiye) on 8 May 2023.

The plaintiffs claim that Türkiye’s NDC is inadequate under the Paris Agreement and that the resulting increase in CO2 emissions violates their human rights under the country’s constitution, the United Nations Convention on the Rights of the Child, and the European Convention on Human Rights. The rights they claim to have been violated include: the right to life, the right to intergenerational equality, the right to the protection of one’s private life, the right to health, cultural rights, the right to develop one’s material and spiritual existence, the right to live in a healthy and balanced environment, the right to education, the right to work, and the right to healthy food and water. Because of the alleged inadequacy of the NDC under the Paris Agreement, they demand its annulment and the creation of a more ambitious commitment.

Status of Case:

Pending

Further reading:

News Article by PAMACC: https://www.pamacc.org/index.php/k2-listing/item/1440-president-recep-erdogan-of-turkey-sued-for-slow-implementiion-of-the-paris-agreement

News Article by the Turkish human rights press agency “Bianet”: https://bianet.org/haber/young-climate-activists-file-lawsuit-against-erdogan-over-inadequate-emission-goals-278474

Date Last updated:

November 10th, 2023

Categories
Argentina Climate activists and human rights defenders Domestic court Paris Agreement Right to a healthy environment Right to health Uncategorized

Hahn et al. v APR Energy S.R.L.

Summary:

The legal action centred on the construction and operation of Matheu II and Matheu III, thermoelectric power plants in Pilar, Argentina. The plaintiffs, comprising a coalition of individuals and non-governmental organizations, argued that these projects lacked the necessary environmental assessments and contended that relying on fossil fuels for power generation ran contrary to international agreements such as the American Convention on Human Rights, the Paris Agreement, the Kyoto Protocol, and the International Covenant on Economic, Social and Cultural Rights, among others. Initially, the Federal Court of Campana granted precautionary measures to halt construction, citing environmental and procedural concerns, safeguarding collective interests, and mitigating potential harm. However, in December 2022, they allowed limited operation of Matheu III, considering global energy challenges. In June 2023, the court denied an extension for Matheu III, citing noise pollution concerns raised by the Municipality of Pilar and emphasizing the need to balance energy production with local environmental well-being.

Claim:

The legal action was undertaken with the primary objective of preventing the construction and operation of the thermoelectric power stations Matheu II and Matheu III. The plaintiffs asserted that these plants had initiated construction without fulfilling the proper environmental assessment. Furthermore, they argued that the use of fossil fuels in power generation was in violation of international human rights treaties, climate agreements, and domestic regulations. They asserted that the operation of these power plants posed a significant threat to the environment, public health, and the fundamental human right to enjoy a healthy and balanced environment.

Decision:

Initially, the Federal Court of Campana ruled in favor of the plaintiffs by issuing precautionary measures that temporarily halted the construction and operation of the power plants. These measures were based on environmental and procedural considerations, as well as protecting collective interests and preventing potential harm, as stipulated in domestic law. However, the court’s decisions did not explicitly address the issue of climate impact.

Subsequently, Araucaria, one of the plant operators, secured a partial adjustment to the precautionary measures in December 2022. This modification permitted the temporary and limited operation of Matheu III, partially due to concerns stemming from the global energy crisis and the resultant surge in energy prices, driven in part by geopolitical events like the Russian invasion of Ukraine.

However, in June 2023, the Federal Court of Campana chose not to extend the authorization for the partial operation of Matheu III. The decision was prompted by concerns raised by the Municipality of Pilar regarding noise pollution. This ruling reflects the court’s consideration of local environmental and public health concerns, highlighting the importance of balancing energy production with environmental and societal well-being.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Status of the case:

The case is currently pending before the Federal Court of Campana.

Suggested citation:

Hahn et al. v. APR Energy S.R.L (Juvevir Asociación Civil v. APR Energy and Araucaria Energy) (Federal Court of Campagna, Argentina), Case No: FSM 116712/2017

Last updated:

03 November 2023.

Categories
Australia Children and young people Climate activists and human rights defenders Emissions reductions/mitigation Indigenous peoples rights Right to a healthy environment Right to culture Right to education Right to health Right to life Right to subsistence/food Uncategorized

Environmental Justice Australia (EJA) v. Australia

Summary:

In October 2021, Environmental Justice Australia (EJA) filed a complaint with three Special Rapporteurs of the United Nations High Commissioner for Human Rights. This complaint was made on behalf of five young individuals residing in Australia and pertains to the ‘human rights harms’ caused by the Australian government’s Nationally Determined Contribution (NDC) and its perceived inaction regarding climate change. EJA alleges that the Australian government is breaching international agreements, such as the Paris Agreement, and various United Nations instruments, including the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the UN Declaration on the Rights of Indigenous Peoples.

Claim:

The claim in this case asserts that the Australian government’s actions, particularly its NDC and its inaction on climate change, violate international agreements and human rights obligations. The complaint argues that these actions infringe upon several United Nations instruments, including the Paris Agreement, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the UN Declaration on the Rights of Indigenous Peoples. The complainants contend that the government’s contributions to climate change potentially violate fundamental rights, including the right to health, life, family relations, an adequate standard of living, education, freedom from violence or exploitation, and the right to a clean, healthy, and sustainable environment. They also assert that these actions disproportionately impact young people, First Nations peoples, and individuals with disabilities, thus violating their rights as recognized in international law. The claim in the petition urges the Special Rapporteurs to intervene by seeking clarification from the Australian government regarding the alignment of its NDC with its human rights obligations and its consistency with a 1.5-degree climate pathway. It also requests an explanation of how the government’s NDC decision-making process has engaged young people in Australia. The claim further calls on Australia to establish a 2030 emissions reduction target that complies with its human rights obligations, especially regarding the rights of young people and the complainants.

Links:

The complaint is accessible for download here and below.

20211025_14762_complaintDownload

Status of the case:

Pending.

Suggested citation:

Environmental Justice Australia (EJA) v. Australia, United Nations Special Rapporteurs, 25 October 2021 (United Nations).

Last updated:

03 November 2023.

Categories
Domestic court Emissions reductions/mitigation European Convention on Human Rights Paris Agreement Private and family life Right to a healthy environment Right to health Right to life Right to property Romania

Declic et al. v. The Romanian Government

Summary:

In January 2023, Declic (a prominent Romanian NGO) alongside a number of individuals initiated Romania’s first-ever climate lawsuit against the government, specifically targeting Prime Minister Nicoale Ciucă and the Ministers of Environment and Energy. The lawsuit alleges that the government has failed to implement adequate measures to address and mitigate the foreseeable risks associated with the climate crisis, violating its legal obligations under the Paris Agreement. The plaintiffs are seeking fines for each day of government inaction and demanding a court order mandating immediate and comprehensive actions to reduce greenhouse gas emissions by 55% by 2030 compared to 1990 levels, achieve climate neutrality by 2050, and increase the share of renewable energy in final energy consumption to 45% while improving energy efficiency by 13% by 2030.

Claim:

The plaintiffs assert that the government is in breach of its duty of care by applying insufficient greenhouse gas reduction targets for 2030, falling well below the EU-wide reduction goal of 55% below 1990 levels. They argue that the absence of annual carbon budgets and mechanisms for monitoring and reporting progress towards climate goals hinders the meaningful assessment of the government’s measures to limit global warming to 1.5 degrees Celsius. Furthermore, the lawsuit questions whether the measures taken by the government are sufficient to prevent climate change from becoming dangerous to humanity and the environment, considering the discretionary power of the government. The plaintiffs also challenge whether the government’s climate mitigation and adaptation measures meet objective standards and pass reasonableness tests set by international bodies like the UN Committee on Economic, Social and Cultural Rights. Finally, the court is called upon to determine whether the government’s measures are compatible with the rights and freedoms guaranteed by the Romanian Constitution and the European Convention on Human Rights, including the right to life, privacy, property, health, and a healthy and ecologic environment.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Status of the case:

The case is currently pending before the Cluj Court of Appeal of Romania.

Suggested citation:

Declic et al. v. The Romanian Government (Cluj Court of Appeal, Romania, filed January 2023).

Last updated:

03 November 2023.

Categories
2017 Children and young people Domestic court Emissions reductions/mitigation Non-discrimination Right to a healthy environment Right to health Right to life Right to property Right to subsistence/food Right to water Rights at stake The Philippines Uncategorized

Segovia et al. v. Climate Change Commission

Summary:

In 2017, a group of petitioners, including Children of the Future, filed a complaint with the Supreme Court of the Philippines, alleging that the government’s failure to fulfil its environmental responsibilities and violations of environmental laws had caused significant environmental damage, endangering the well-being, health, and property of all Filipinos. The petitioners claimed that the government’s lack of enforcement of environmental laws contributed to deteriorating air quality in Metro Manila, infringing upon their constitutional rights to a balanced and healthy environment and life. They also raised concerns about the unequal application of laws, especially in favour of car owners. The petitioners proposed measures to reduce fossil fuel consumption and sought writs of kalikasan, a legal remedy under the Philippines Constitution to protect environmental rights. The Court dismissed the application on the ground that the applicants failed to demonstrate how the authorities breached the relevant environmental law.

Claim:

The petitioners requested that the Supreme Court review and consider their complaint against the government’s environmental practices. They asserted that the government’s actions violated their constitutional rights to a healthy environment and life. They claim that the government’s lack of enforcement of environmental laws and its prioritization of car owners have caused substantial harm to the environment and their well-being. They seek the issuance of writs of kalikasan to safeguard their environmental rights and request the Court’s intervention in compelling the government to implement measures to promote sustainability. The key question at hand is whether the Philippine government’s Climate Change Commission breached the constitution by not implementing ambitious climate-related transportation policies.

Decision:

After a thorough review, the Supreme Court acknowledged the concerns of the petitioners and the significance of environmental protection. The court acknowledged that the Rule of Procedure for Environmental Cases provides leeway in terms of standing, making petitions like this permissible. However, in this specific case, the court found that the petitioners had not presented sufficient evidence to prove that the government has engaged in unlawful activities or infringed upon specific environmental laws, thereby violating their environmental rights. A petition for the writ of kalikasan must convincingly establish a clear violation of environmental statutes and regulations, rather than solely relying on the repeated assertion of constitutional rights and unsubstantiated allegations of misconduct.

The Court also took note of the government’s diligent efforts to enforce environmental laws and prioritize initiatives aimed at addressing and mitigating the effects of climate change. As a result, the petition was dismissed.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Status of the case:

Judgment

Suggested citation:

Supreme Court of the Philippines, Segovia et al. v. Climate Change Commission, G.R. No. 211010, 7 March 2017.

Last updated:

20 October 2023.

Categories
Biodiversity Domestic court Just transition litigation Right to a healthy environment Right to assembly and association Right to freedom of expression Right to health Right to property South Korea

Korean Biomass Plaintiffs v. South Korea

Summary:

On September 28, 2020, a group of solar developers in Seoul, South Korea filed a complaint against the South Korean government, claiming that the government’s subsidies for biomass generation were unconstitutional. The plaintiffs include various stakeholders, such as solar cooperatives, cooperative members, residents near planned biomass facilities, ordinary citizens of South Korea, and even a Canadian citizen.

The central argument in their complaint revolves around the idea that the government’s support for biomass generation, classified as ‘renewable energy’ under South Korean legislation, qualifies for renewable energy certificates (RECs) and associated subsidies, which they argue infringes upon the environmental rights of the citizens. They assert that these subsidies lead to increased air pollution and climate-related damage.

The plaintiffs also argue that these policies negatively affect the property rights of renewable project owners. The subsidies allocated to biomass generation reduce the available support for solar and wind energy, which, in turn, impacts the expected profits for those involved in renewable energy projects.

The key issue at the heart of this case is whether South Korea’s subsidies for biomass generation violate the constitutional environmental rights of solar owners and residents living near these facilities.

Claim:

The claim made by the solar developers and other stakeholders in Seoul, South Korea, is that the government’s subsidies for biomass generation are unconstitutional and that these subsidies infringe upon the environmental rights of citizens. They argue that these subsidies contribute to increased air pollution and climate-related harm, affecting the well-being of the populace. Furthermore, they claim that these policies encroach upon the property rights of renewable project owners by reducing support for solar and wind energy, impacting the expected profits of those engaged in renewable energy projects. The core contention is that these subsidies for biomass generation violate the constitutional environmental rights of solar owners and nearby residents.

Decision:

The case is currently pending before the Constitutional Court of the Republic of Korea.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Suggested citation:

Korean Biomass Plaintiffs v. South Korea (28 September 2020, Constitutional Court).

Last updated:

20 October 2023.

Categories
2023 Children and young people Domestic court Emissions reductions/mitigation Evidence Fossil fuel extraction Human dignity Indigenous peoples' rights Right to a healthy environment Right to health Standing/admissibility United States of America

Held and Others v. Montana

Summary:
In Held and Others, sixteen young plaintiffs aged between two and eighteen brought a case against the U.S. state of Montana alleging violations of the state constitution due to climate change. The youth plaintiffs in this case, which is to some extent comparable to the Juliana litigation, alleged that they are already experiencing ‘a host of adverse consequences’ from anthropogenic climate change in Montana, including increased temperatures, changing weather patterns, more acute droughts and extreme weather events, increasing wildfires and glacial melt. Fossil fuels extracted in Montana cause emissions higher than those of many countries, including Brazil, Japan, Mexico, Spain, or the United Kingdom. The plaintiffs argued that this was causing health risks, especially for children, and that the defendants, among them the state of Montana, its Governor, and various state agencies, had “act[ed] affirmatively to exacerbate the climate crisis” despite their awareness of the risks to the applicants. On 14 August 2023, Judge Kathy Seeley ruled wholly in favor of the youth plaintiffs, declaring that Montana had violated their constitutional rights and invalidating the statutory rule forbidding state authorities from considering the impacts of GHG emissions or climate change in decision-making related to fossil fuel extraction.

Claims made:
The plaintiffs challenged the constitutionality of fossil fuel-based provisions of Montana’s State Energy Policy Act along with a provision of the Montana Environmental Policy Act which forbids state authorities from considering the impacts of GHG emissions or climate change in their environmental reviews (the “MEPA Limitation”). They also challenged the aggregate acts that the state has taken to implement and perpetuate a fossil fuel-based energy system under these statutes.

The plaintiffs sought a declaration that their right to a clean and healthy environment includes a right a stable climate, and that existing approaches to greenhouse gas emissions in Montana violate constitutional provisions, including the right to a clean and healthy environment; the right to seek safety, health, and happiness; and the right to individual dignity and to equal protection. They also sought injunctive relief, namely an order to account for Montana’s greenhouse gas emissions and to develop and implement an emissions reductions plan.

Decision on the admissibility:
On 4 August 2021, a the Montana First Judicial District Court for Lewis and Clark County declared the case admissible in part. The prayer for injunctive relief in terms of emissions accounting, a remedial plan or policy, the appointment of expert to assist the court, and retain jurisdiction until such orders are complied with were rejected. However, the court declared the constitutional rights claims admissible, including the claim about the plaintiffs’ ‘fundamental constitutional right to a clean and healthful environment’, which — as the plaintiffs submitted — ‘includes a stable climate system that sustains human lives and liberties’.

Judge Seeley’s Ruling of 14 August 2023:
After a trial held from 12-23 June 2023, Judge Kathy Seeley of the First Judicial District Court of Montana issued a ruling in this case on 14 August 2023. Noting that “[t]he science is clear that there are catastrophic harms to the natural environment of Montana and Plaintiffs and future generations of the State due to anthropogenic climate change”, she ruled wholly in favor of the plaintiffs, declaring that the state of Montana had violated their constitutional rights to equal protection, dignity, liberty, health and safety, and public trust, all of which are predicated on their right to a clean and healthful environment (p. 92-93).

In doing so, Judge Seeley ruled that the youth plaintiffs had standing to bring the case because they had proven that they had experienced significant injuries. The court set out the different impacts on the plaintiffs at length (p. 46-64). It ultimately found that the plaintiffs “have experienced past and ongoing injuries resulting from the State’s failure to consider GHGs and climate change, including injuries to their physical and mental health, homes and property, recreational, spiritual, and aesthetic interests, tribal and cultural traditions, economic security, and happiness” (p. 86 of the ruling). The judge also ruled that while mental health injuries based on state inaction on climate change do not on their own constitute a cognizable injury, “mental health injuries stemming from the effects of climate change on Montana’s environment, feelings like loss, despair, and anxiety, are cognizable injuries” (p. 86-87). The ruling recognizes that “[e]very additional ton of GHG emissions exacerbates Plaintiffs’ injuries and risks locking in irreversible climate injuries”, and that these injuries “will grow increasingly severe and irreversible without science-based actions to address climate change” (p. 87). As children and youth, the plaintiffs are disproportionately impacted by fossil fuel pollution and climate impacts, and their injuries are “concrete, particularized, and distinguishable from the public generally” (p. 87).

On causation, and having heard and evaluated testimony from several expert witnesses, the Court extensively reviewed the scientific evidence concerning the causation and progression of anthropogenic climate change and identified the Earth’s energy imbalance as the critical metric for determining levels of global warming (p. 22). Having established that “Montana is a major emitter of GHG emissions in the world in absolute terms, in per person terms, and historically”, and noting the state government’s continuing approval of fossil fuel projects despite its already extensive production of oil, gas and coal, the Court found that there was a “fairly traceable connection” between Montana’s statutes, its GHG emissions, climate change, and the injuries suffered by the plaintiffs (p. 87). Noting that the state government had the authority to limit fossil fuel-related activities, and having regard to the fact that the MEPA Limitation causes the state to ignore climate impacts and renewable energy alternatives to fossil fuels, as well as noting the economic and environmental advantages of a green energy transition for Montana, the Court noted that “current barriers to implementing renewable energy systems are not technical or economic, but social and political” (p. 83). The state of Montana, it held, “authorizes fossil fuel activities without analyzing GHGs or climate impacts, which result in GHG emissions in Montana and abroad that have caused and continue to exacerbate anthropogenic climate change” (p. 88). It noted also that these emissions were “nationally and globally significant”, and could accordingly not be considered de minimis; they “can be measured incrementally and cumulatively both in terms of immediate local effects and by mixing in the atmosphere and contributing to global climate change and an already destabilized climate system” (p. 88).

On the redressability of these impacts, the Court noted that the psychological satisfaction of the ruling itself did not constitute sufficient redress, and that declaring the relevant state statutory rules unconstitutional would provide partial redress because ongoing emissions will continue to cause harms to the plaintiffs. Noting that “[i]t is possible to affect future degradation to Montana’s environment and natural resources and injuries to these Plaintiffs”, and applying strict structiny to the state’s statutes, the Court found that the MEPA Limitation violates the right to a clean and healthful environment under the Montana Constitution, which protects children and future generations (among others) and includes the protection of the climate system. As a result, the Court tested whether the MEPA Limitation was narrowly tailored to serve a compelling government interest, finding that neither had the state authorities shown that it served a compelling governmental interest, nor was it narrowly tailored to serve any interest.

As a result, the judge invalidated the Montana legislation that promoted fossil fuels and prohibited analysis of GHG emissions and corresponding climate impacts.

Date filed:
13 March 2020

Date of admissibility decision:
4 August 2021

Date of Ruling:
14 August 2023

More information:
The original complaint is available from the Western Environmental Law Center.

The admissibility decision is available on climatecasechart.com.

Judge Seeley’s findings of fact, conclusions of law and order of 14 August 2023 are available below.

Held-v-MontanaDownload

Suggested citations:
Montana First District Court for Lewis and Clark county, Held and others v. State of Montana and others, Findings of Fact, Conclusions of Law, and Order, 14 August 2023, Cause no. CDV-2020-307.

Categories
2022 Chile Domestic court Emissions reductions/mitigation Gender / women-led Non-discrimination Right to a healthy environment Right to health Right to life Separation of powers

Women from Huasco & Others v. Government of Chile & Ministries of Energy, Environment and Health

Summary:

On 25 November 2021, a group of women from the city of Huasco, alongside Doris Zamorano, a member of a civil society organization in Huasco, brought a constitutional action against Chile’s omission in coordinating the early closure of two coal-fired power plants. The Chilean government had signed closure agreements with owners of various thermoelectric power plants, but the two plants in question were absent from these agreements. They would be subject to the general clause requiring closure of all coal-fired power plants by the year 2040. The petitioners argued the emissions from the powerplants and the uncertainty as to their closure in advance of the year 2040 contributes to interferences with their exercise and enjoyment of fundamental rights. In particular, they point to the governmental authorities’ awareness about the persistent local air pollution and treatment of Huasco as a ‘sacrifice zone,’ as well as Chile’s climate mitigation commitments.  

On 2 May 2022, the Court of Appeals of Copiapo dismissed the petition on the ground that adjudication of the issues raised by the petitioners was beyond its competence. The petitioners have filed an appeal against this decision before the Supreme Court of Chile.

Claims:

The applicants argue that the State’s omissions consist in its failure to close two coal-fired power plants, failure to justify the exclusion of the two power plants from the list of plants due to be closed earlier than 2040 pursuant to its climate policy, and toleration of emissions from the two power plants despite no compensation being granted for the negative environmental impacts from their operation. The petition alleges that these omissions violate their constitutional rights to equality, to life, physical and psychological liberty, to an environment free from contamination, and to the protection of their health, as well as a breach of the State’s administrative duty not to act arbitrarily. In support of the latter contention, the petitioners relied on the administrative law principles of service of the human person, coordination between State organs and the environmental principles of prevention and precaution. Further, they argued that the normative content of the State’s duty were to be informed by Sustainable Development Goals, International Labour Organisation Guidelines on Just Transition, UN Framework Convention on Climate Change, Paris Agreement and Chile’s 2020 NDC Communication under the Paris Agreement. By way of evidence, the petitioners relied on reports of high levels of air pollution in the city of Huasco, and a comparative analysis of morbidity rates and incidences of respiratory illnesses in Huasco and Caldera, a similar city that was not in the vicinity of coal-fired power plants.

The petitioners requested the Court of Appeals of Copiapo to order the concerned state organs to (i) establish and implement a plan to effect the early closure of the two power plants, and (ii) establish a compensation plan for historical and current emissions of the power plants to redress the environmental and health-related impacts.

In his reply, the Minister of Energy challenged the appropriateness of a judicial review of complex public policies which were the result of a democratic and representative participative process. The Minister also elaborated on the procedural history and content of the government’s policy on decarbonisation, and the limits of the legal competences of the various Ministries vis-à-vis regulation of private actors in the energy sector, to rebut the petitioners’ arguments about the State’s breach of administrative duties. The reply submitted by the Minister of Environment argued that there is no omission attributable to the Ministry of the Environment since regulation of power plants falls within the authority of the Ministry of Energy, and that environmental management instruments were enacted to improve the air quality in Huasco. The Minister of Health submitted a similar reply. The Undersecretary General of the Presidency argued that State authorities lack the power to order the early closure of the said power plants, and that all of the authorities named in the petition had taken relevant measures in relation to the factual situation described by the petitioners.

Decision:

On 2 May 2022, the Court of Appeals of Copiapo rendered its decision wherein it rejected the petition. The Court noted that petitioners’ action for constitutional review of the State’s omission suggests that they disagree with its actions which form part of the public policy on decarbonisation of the country. However, this policy was developed and implemented with the participation of various state organs (with the Ministry of Energy being at the head of them) and it is not for the Court to substitute itself for them and order a replacement or modification of such policy. The Court also noted the involvement of non-State stakeholders, including both actors from the industry and civil society, in the establishment of the decarbonisation policy.

Additionally, with respect to closure of power plants, the Court noted that State organs do not have the authority to demand closures and that such an outcome can only be achieved through agreements between the State and the concerned owners of the power plants. The Court concluded that the fact that the agreement concluded between the State and the owner of the two power plants in question does not envisage a concrete plan for their closure, as it does for some other power plants, does not evince arbitrariness.

Links:

The case documents are accessible via Climate Case Chart (click here).

Status of the case:

The case is pending in appeal before the Supreme Court of Chile.

Last updated:

08 August 2023.

Categories
Adaptation Biodiversity Children and young people Deforestation Domestic court Emissions reductions/mitigation Farming Imminent risk Indonesia Loss & damage Paris Agreement Right to a healthy environment Right to development and work Right to education Right to health Right to housing Right to life Right to subsistence/food Right to water Sea-level rise Vulnerability

Indonesian Youths and others v. Indonesia (Rasya Assegaf and 12 others v. Indonesia)

Summary:
This case was brought by thirteen children, youth, and members of vulnerable groups from different parts of Indonesia, all of whom allege that they are affected by the Indonesian Government’s response to climate change. The seven youth plaintiffs, aged 7-29, together with six adults whose involvement in agrarian and farming activities renders them particularly vulnerable, invoke their constitutitional rights to life, to live in physical and spiritual prosperity in a good and healthy environment, to self-development through the fulfillment of basic needs, to food and water, to education, to work and earn a decent living, as well as the minor plaintiffs’ rights as children. They brought their complaint to Indonesia’s National Commission of Human Rights, the counrty’s independent national human rights authority, calling on it to exercise its monitoring and mediating function.

The complaint in depth:
The plaintiffs in this case emphasize that the Indonesian government has recognized the country’s extreme vulnerablility to the impacts of climate change, including to sea level rise, heat waves, storm surges, tidal flooding, shifts in the wet and dry seasons, changes to rain patterns, decreased food production, disturbances in the availability of water, the spread of pests, plant and human diseases, the sinking of small islands, and the loss of biodiversity. They also emphasize that Indonesia is already experiencing many of these serious climate change impacts, and that these will only continue to get worse.

In their submissions to the National Commission of Human Rights, the plaintiffs particularly emphasize the effects of heat stress combined with Indonesia’s humid climate; the loss of food security and livelihoods in fishing and tourism due to coral bleaching and a decrease in fish stocks; unpredictable precipitation patterns and resulting drought, water insecurity and flooding; and the impacts of heat and precipitation changes on agriculture, food and water security, and plant diseases and pests. They also emphasize the risks associated with tidal floods, high waves, saltwater intrusion and strong winds due to sea level rise, which endanger lives and will cause a loss of living space, shelter, food and water insecurity. In this regard, they note research by the World Bank and the Asian Development Bank that shows that, in a high emissions scenario, and without adaptation, more than 4,2 million Indonesians will be affected by permanent tidal flooding by 2070–2100. This same research shows that 5.5-8 million Indonesian people will be affected by flooding from once-in-a-century storm surges by 2030. In addition, they note that climate change causes a higher incidence of vector-borne diseases affecting children and vulnerable populations, such as malaria, dengue fever, and cholera. Several of the plaintiffs have suffered from these diseases already. Other impacts on the health of children include air pollution, malnutrition and stunting, drowning during floods, coastal flodding, and mental health impacts such as climate anxiety. Citing a study from the American Psychological Association, they argue that experiencing extreme weather events leads to higher rates of depression, anxiety, posttraumatic stress disorder, drug and alcohol use, domestic violence, and child abuse.

The plaintiffs emphasize that they have already experienced flooding, cyclones, extreme heat, vector-borne illness, climate anxiety, and impacts on their homes and agricultural or fishing livelihoods. They submit that the Government of Indonesia has a constitutional responsibility to protect them from the human rights impacts of the climate crisis, and allege that it has failed to do so by contributing to causing and exacerbating the climate crisis. Noting that Indonesia’s domestic law and its NDC under the Paris Agreement acknowledge the link between human rights and climate change, they submit that constitutional rights should be interpreted in harmony with international human rights law. This, they argue, means recognizing that Indonesia has obligations to mitigate and adapt to climate change, as well as cross-sectoral obligations to ensure that all climate adaptation and mitigation actions are inclusive, fair and participatory, and to prioritize the most affected and vulnerable populations.

The plaintiffs argue that the Indonesian government should prioritize mitigation through a moratorium on new coal-fired power plants and the licensing of palm oil plantation concesssions as well as by promoting sustainable polycultural and indigenous farming practices that will reduce its net GHG emissions and ensure crop resilience.

In terms of adaptation, the plaintiffs argue that Indonesia should ensure protection especially of those living in vulnerable areas, including small islands, riparian and lowland areas, coastal areas, and dry areas. This should take place through a community-oriented, inclusive and participative process, and should serve to upgrade infrastructure, provide social protection mechanisms, prioritize nature-based adaptation through ecosystem restoration, strengthen the resilience of food systems and ensure that adaptation does not take place at the expense of any vulnerable groups or future generations. In particular, they emphasize the rehabilitation of mangrove and coral ecosystems, given their function as natural flood and erosion protection; the promotion of sustainable agricultural practices, and procedural obligations to ensure consultation, information, inclusivity and equity.

The plaintiffs note Indonesia’s knowledge of climate change, its commitment to the Paris Agreement’s 1.5 degree warming target under its Updated NDC, and its awareness of the risk of huge economic losses due to the dangers of climate change. Against this background, they argue that Indonesia has violated its human rights obligations by failing to mobilize the maximum available resources and take the highest possible level of ambition in mitigating its emissions, noting that it is one of the world’s largest emitters of land use change and energy emissions and the world’s seven largest emitter of cumulative emissions. They argue that, to align with the 1.5°C degree warming scenarios, Indonesia needs to limit its emissions from 660 to 687 million metric tons of CO2e by 2030. It is failing to do so, instead expanding its coal-fired power plant network and supporting ongoing deforestation.

The plaintiffs argue that these measures, i.e. the government’s failure to take adaptive steps, and its contribution to and exacerbation of climate change, have violated their right to a healthy environment, their right to health, their right to life and their rights to food and water. As concerns their right to development, the plaintiffs argue that “[t]he impact of climate change on the right to development has a ripple effect across all human rights”. They also link the government’s policies to impacts on their enjoyment on the right to education and the right to work and earn a decent living. Lastly, for the child applicants, they note risks for the enjoyment of the highest attainable standard of physical and mental health, access to education, proper food, proper housing, safe drinking water, and sanitation.

Measures requested:
The Plaintiffs request that the Commission:

  • State that climate change is a human rights crisis, and that each additional degree of heating will cause further impacts;
  • State that climate change has disrupted their rights to a healthy environment, life, health, and development through the fulfillment of basic needs, food, water, education, and employment; that the child plaintiffs are particularly vulnerable in this regard; and that the Government has violated its obligation to respect, protect, uphold and fulfill the plaintiffs’ human rights;
  • State that “the government has contributed to and continues to perpetuate the climate crisis by knowingly acting in disregard of the available scientific evidence on the necessary measures to mitigate climate change”, and that its actions — such as its approval of new coal-fired power plants, approval of large-scale deforestation and land clearing, and failure to implement basic adaptation measures — are an expression of this;
  • Recommmend immediate review of law and policy to reduce GHG emissions, mobilize resources, and minimize losses;
  • Recommend steps to reduce Indonesia’s national GHG emissions, including moratoria on new coal plants and on concessions for oil palm plantations, industrial forest plantations, and the clearing of peatlands; the promotion of sustainable and polycultural agricultural practices; and adaptation measures; and
  • Recommend an inclusive, fair, open, and effective approach to public participation in climate-related decision-making.

Developments in the case:
The case is still pending. However, in receiving the case during a hearing held on 14 July 2022, two of the Commissioners heard directly from the plaintiffs and welcomed the petition. Commissioner Choirul Anam stated that “climate change is an enormous problem, which influences various human rights. It is our job to push for better government actions in responding to climate change.”

Further information:
The text of the complaint in this case is available (in Bahasa and English) from ClimateCaseChart.com.

For a comment, see Margaretha Quina and Mae Manupipatpong, ‘Indonesian Human Rights Commission’s First Human Rights Complaint on the Impacts of Climate Change’, Climate Law Blog, 22 November 2022, available here.

Suggested citation:
National Commission of Human Rights of Indonesia, Indonesian Youths and others v. Indonesia, complaint filed on 14 July 2022.

Last updated:
8 August 2023.