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Litigating for climate justice

Peter Roderick, Co-Director of the Climate Justice Programme, discusses why litigation for climate justice should be taken up seriously.

Litigation (legal action) for justice over climate change is an immense global issue which is likely to increase in the future. The complexities of legal systems are a disadvantage for poor communities, who often suffer the most serious impacts of climate change. Is it worth these people going to court over climate change?

To date, there are about 17 different climate legal initiatives underway, in both developed and developing countries. The most recent cases have involved human rights issues, addressing both causes of climate change and the impacts. Judgments have started to come through; verdicts so far are going both ways.

Poor communities face particular difficulties in taking legal action over climate change:

• Legal proceedings involve language, rules and procedures that are designed, applied and affordable by rich and privileged elites.
• Even when judges find in favour of poor communities, big business can ignore the decision.

Gas flaring in Nigeria has contributed more greenhouse gases (GHGs) than all other African sources combined, according to the World Bank. On 14th November 2005, the Federal High Court of Nigeria found in favour of Mr Jonah Gbemre in a case put forward on behalf of himself and the Iwherekan community. Gas flaring near the community - which also disperses toxic chemicals over local residents and into the environment - was determined to be a "gross violation" of the constitutionally-guaranteed rights. Shell Nigeria and the Nigerian National Petroleum Corporation were ordered to stop gas flaring at Iwherekan immediately. After 32 days, this order had not been obeyed; contempt of court proceedings were started on 16th December 2005. Several other gas flaring cases brought by Niger Delta communities are pending.

On 7th December 2005, 63 Inuit people in the US and Canada submitted a petition to the Inter-American Commission on Human Rights. They wanted relief from violations of their human rights - including the rights to retain their culture, life, food and health - resulting from global warming caused by US GHG emissions. The Arctic is rapidly warming, which affects Inuit life by disrupting food supplies and transport. Yet still the USA fails to reduce its emissions and support international efforts to tackle climate change.

There are three justifications for enforcing laws to combat climate change:

• It increases pressure for necessary global reductions in GHG emissions. It is vital that the lack of government leadership is met with courage and self-respect by victims.
• It offers the prospect of compensation for climate change damage (although no damages case has yet been brought). This is not a substitute for rational policies, but the current international mechanism for compensation is grossly inadequate.
• It is better that disputes are settled rationally and peacefully, rather than leading to further conflicts between countries and communities and businesses.

We should be encouraged by the December 2005 government agreement in Montreal to start talks about further emission reductions after 2012. However, waiting for another six years to start taking action is not an option.

Contributor
Peter Roderick

Further information
Peter Roderick
Co-Director, Climate Justice Programme
Tel + 44 (0) 20 7388 3141
Email peterroderick@cjp.demon.co.uk
Climate Justice

March 2006

Sources
'Legal action to stop Nigeria gas flaring', Climate Justice Programme, 2005

'Petition to the inter American commission on human rights seeking relief from violations resulting from global warming caused by acts and omissions of the united states', submitted by Sheila Watt-Cloutier, with the support of the Inuit circumpolar conference, on behalf of all Inuit of the Arctic regions of the United States and Canada, 2005

Other climate change cases

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