Climate action is a legal duty, say groups to world’s governments ahead of COP27. (Photo Illustration by Rafael Henrique/SOPA Images/LightRocket via Getty Images)
Governments around the world must ramp up climate action or “face legal action”, 20 legal and activist organisations said in an open letter on Tuesday.
This is the first time, they said, that lawyers and NGOs around the world have come together to warn governments “that they must deliver stronger targets and actions by COP27 as demanded by science” or be hauled to court.
Climate action is a legal duty, the letter read. “After decades of empty promises, it is time for real action and accountability … Governments of the world: your delay is costing lives. Strong action is needed now to protect people and the planet. If you continue to fail us, we will continue to turn to the courts to demand accountability.”
Last month, a multi-agency United Nations climate science report found that greenhouse gas concentrations continue to rise to record highs while fossil fuel emission rates are now above pre-pandemic levels, “which risk thwarting plans to reduce global temperatures and avoid climate catastrophe”.
To achieve the goal of the Paris Agreement — keeping global temperature rise to 1.5°C above pre-industrial levels — greenhouse gas emission reduction pledges need to be seven times higher, it stated.
‘Law is on our side’
The signatories to the letter, which include the Centre for Environmental Rights and Natural Justice, wrote how they have filed more than 80 cases around the world “to compel you to ramp up your climate ambition from the Netherlands to Nepal; from Canada to Colombia, from Belgium to Brazil, from Norway to New Zealand, from South Africa to South Korea.
“The law is on our side. Courts in dozens of countries have already recognised that you have a legal duty to address the climate crisis, and that this requires you to take more ambitious climate action. Cases have led to the adoption of new climate laws, stronger mitigation targets, and the closure of coal-fired power plants.”
According to the Grantham Research Institute at the London School of Economics and Political Science, just under half of the 80 cases were filed in 2021 alone. Most of the cases to date have been filed in global north countries (63 cases), with a significant minority in Latin America (eight) and South Asia (seven).
“Most government framework cases are ongoing. However, of the nine cases challenging national-level policies that have been heard so far, seven have had outcomes favourable to climate action,” it said.
Window closing fast
The signatories said that the window of opportunity to secure a liveable and sustainable future for all is “closing fast.
“For decades, you have pledged to address the climate crisis. In successive treaties and decisions, you promised to slash greenhouse gas emissions. Just last year in Glasgow, you reaffirmed your commitment to limit global average temperature increase to 1.5°C and to ramp up mitigation ambition within the year.
“Yet countries’ latest global mitigation commitments show that we are completely off track.”
So far, they wrote, most countries have not delivered on their commitment to strengthen their targets this year.
“We are on the precipice of the most serious intergenerational violation of human rights in history. But affected communities and those who stand with them are not giving up. We – lawyers and activists from across the globe – are standing with frontline communities to challenge your inadequate climate action.”
COP27, they wrote, is an opportunity for the world’s government’s to change course, “to minimise the extent of suffering and human rights violations caused by your failure to address the crisis, and to live up to your legal obligations under domestic and international law”.
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