Victory in Dutch climate case and call for action by UN scientific report puts all laggard governments on notice: act now or see you in court!
People participate in the Global Climate March in Amsterdam on the day before the COP21 Paris talks begin. © Chantal Bekker / Greenpeace
If it ever feels like the road to solving the impacts of climate change is a slow, uphill battle, this news will change your mind.
In 2015, Dutch environmental group, Urgenda Foundation sued the state of Netherlands in a world-first victory of citizens holding their government accountable for climate change. The District Court of the Hague ruled that the Dutch government must reduce emissions 25 percent from 1990 levels by 2020, and as governments do, they appealed.
This month, the Hague Court of Appeal confirmed this ground-breaking decision meaning that the Dutch government MUST increase its climate ambition and reduce emissions to protect the rights of its citizens.
This is a big deal.
For the Netherlands, it means that all remaining coal fired power plants must be shut down before 2020 in order for the Dutch government to comply with the court order. Internationally, this ruling sets the stage for what’s to come – countries must prevent foreseeable violations of human rights resulting from climate change.
No doubt, this will have a beautiful “butterfly effect” on global climate action. This is what we can expect:
Greenpeace activists, block the entrance to a coal plant in Eemshaven, Netherlands. The coal ship ‘Paquis’ had plans to unload coal from Russia for the largest coal-fired power plant in the Netherlands. © Bas Beentjes / Greenpeace
Governments are “on notice” to increase climate ambition – or risk being sued
Urgenda’s victory in 2015 was the first time ever that a country’s government was held accountable for its contribution to dangerous climate change, and the fact that they won again on appeal means that countries who don’t actively prevent climate-related harms are violating people’s human rights.
Even better, the decision by the Court of Appeal was delivered the day after the release of a new UN climate report by the Intergovernmental Panel on Climate Change (IPCC) which clearly laid out that the difference between 1.5°C and 2°C degrees of warming as a matter of survival for the countries most at risk from climate change. Even 1.5°C of warming could cause severe problems to vulnerable populations. With this report, governments have been put on notice that they must act now to increase their climate action and protect our human rights from the worsening impacts of climate change.
The combination of the Dutch ruling and the IPCC report is a warning to all governments. If countries fail to get their act together and update their climate and energy policies with the latest IPCC science, they too will be brought to court.
Greenpeace activists project a laser beam message on Namsan mountain, Seoul on the occasion of the opening of the 48th IPCC (Intergovernmental Panel on Climate Change) Session in Songdo, Incheon, South Korea, © David Jaemin Byun / Greenpeace
Courts provide hope in safeguarding our future
The win by the Urgenda Foundation demonstrates the importance of having courts hold governments accountable on climate change. Despite the Netherlands arguing that matters of climate policy should be decided by politicians, not judges, the Court of Appeal strongly stated the importance of courts in holding States accountable for their human rights obligations – the Netherlands knew about the 2015 court ruling for the 25% carbon emissions cut, but has only cut its emissions by 13%
The role of courts in ensuring climate justice and respect of human rights was also highlighted by the UN Committee on Economic, Social and Cultural Rights’ comment on the 1.5C report:
“Human rights mechanisms have an essential role to play in protecting human rights by ensuring that States avoid taking measures that could accelerate climate change, and that they dedicate the maximum available resources to the adoption of measures that could mitigate climate change.”
In recent years, there’s been a wave of cases around the world of people standing up to fossil fuel companies, governments, or financial institutions and demanding their right to a healthy and safe environment. There’s the KlimaSeniorinnen, the 1000 plus senior women who are suing the Swiss government; youth organisations like Our Children’s Trust in the United States who have filed lawsuits against US states and the federal government over climate change; and right now the Commission of Human Rights in the Philippines is investigating 47 fossil fuel and cement companies for their contribution to human rights harms resulting from climate change.
Now, the victory by the Urgenda Foundation and the strong call for action by the scientific community means that going to court remains one of the best options for communities around the world.
Members of Senior Women For Climate Protection (Klimaseniorinnen) © Greenpeace / Ex-Press / André Albrecht
What will happen next?
Just as it did in 2015, the victory in the Netherlands will continue to have global repercussions. Except this time, it is preceded by the UN’s most important scientific report to date.
We are facing a moment of truth and how we act now will define the course of human history. But we are not alone. People power is unstoppable and their efforts to seek climate justice give us #ReasonsForHope.
Louise Fournier and Kristin Casper are litigation counsels for Greenpeace’s global climate justice and liability campaign. This blog was originally posted on Greenpeace International: https://www.greenpeace.org/international/story/18933/think-we-cant-win-on-climate-change-this-victory-by-dutch-citizens-will-change-your-mind/
Discussion
Climate Change is the World's number one crises. There may be floods, tornadoes, hurricanes, mud slides, hunger, and poverty throughout the World today. Some of these ravaging events are due to wars, but the biggest reason for these is climate change. Today the number one priority for the World to focus on is climate change. We must think and act together in order to save the World from more catastrophic events. Our children and future generations should be able to rely on us to do something to preserve their future.
that,s true ithink we solve problem through implementing strong enviourment act and preserve coast from plastic and garbaze . be naturastic change yur individual behaviour respect yur elder and culture makyu happy green peace orgnization do for humanity work on globally help for common man fight for water quality river, resources,marine life and co2 emission
Have you discovered the success of clean fuel derived from Co2 mixed with hydrogen? Squamish B.C. have done this. It can drive cars and fly aeroplanes - check it out - This cheered me up considerably! https://www.google.ca/search?source=hp&ei=qXbWW6_-N4Ph9APvi62gAQ&q=squamish+bc+co2+fuel+plant&oq=squaish+bc..+co2+&gs_l=psy-ab.1.2.0i22i30k1l5.1615.14409.0.18161.21.20.1.0.0.0.152.1262.19j1.20.0....0...1c.1.64.psy-ab..0.20.1209...0j0i131k1j0i10k1j0i13i30k1j33i160k1.0.ftgQ9FKIwAs
Really impressed with the citizens of The Netherlands for standing up together to get rid of the coal plants by 2020. An amazing achievement! Even if part of climate change is a natural process, we know that some of our activities are producing part of the climate change, so we need to act now for the best results in the future for our beautiful planet and only home.
all happen dueto new technology who is not vible to day thu use green technology change behaviour indiviusable let me live and let me lives be natrastic thus our biodiversity safe
What can individuals do to further the awareness and concern about climate change? I care deeply about these issues but feel powerless to do anything about it. I am a follower, not a leader. Can you advise me on what I can do to help effect positive, lasting change? Thanks in advance,
There is so much you can do, Suzanne. 1) Support organizations that are working on this issue with your donations if you can. As well as Greenpeace and other non-profits, there are so many Indigenous-led groups and organizations in Canada and around the world need of your support. 2) Volunteer with a local group in your area that is working on this issue. Greenpeace has groups across the country you can check out at greenpeace.ca/volunteer. We can also recommend 350.org and Council of Canadians as two other orgs working nationally on climate change in Canada - to name only a few!! 3) Start new conversations with your friends and family, share on social media and spread more information about this issue 4) Write to your local and national newspapers 5) Get out to marches, demonstrations, and public events in your community 6) Write to your political leaders, call them, and attend public question periods - ask questions about climate change, put it on the agenda We all have a part to play but it's only when working TOGETHER that we can make a real difference. Being part of Greenpeace and a movement of change means you ARE making a positive and lasting difference. Thank you!
Our duplicitous Federal, B.C., Alberta, Saskatchewan, and Ontario governments in Canada need to be sued for their expansion of existing fossil fuel projects, new fossil fuel projects, and chronic/continual food dragging in dealing with climate change. Add the Trump Government to the lawsuit list of defendants as well. Perhaps, suing each of the governments through the Intentional Court in the Hague?
We all have to get together now. The Elite have a plan to destroy the earth as we know it. It’s in Govt reports and agencies. Research and you will find documents supporting these facts. I will support Greenpeace and other organizations that care about humanity and the earth. We need everyone now.
It's about time some people stood up for the rights of the citizens of the world. Kudos to the committed folks in the Netherlands who took this brave action. Let's all get behind this landmark action and hold our governments accountable for letting vested interests blind them to the facts and the risks of climate change.
Is there a counterpart to the Dutch litigation and US lawsuit in Canada? If so, I'd like to support it
My Aus friends are working on the same "Conservative" politicians that don't seem to know what the word means.