Profound stories from Mexicans left without homes due to rising sea levels and Colombians suffering because of coral bleaching are being presented to the top-rated human rights court in the Americas in what is seen as a landmark lawsuit that could reshape global law. The hope of environmental lawyers is that the hearings at the Inter-American Court of Human Rights (IACHR) will delineate the responsibilities of countries in combating climate change and preventing it from violating human rights.
The Costa Rican court, which kick-started its investigations in Barbados in April, will receive testimonies from victims of climate change and hear evidence from legal authorities, UN agencies, grassroots environmental activists, and youth organisations. Future sessions are slated for spots in Brazil, namely Brasília and Manaus, towards May’s end. The court’s advisory opinion is expected to be released by May 2025.
The desire is for the court’s legal opinion to be utilised as a reference and guideline for Mexico, and other nations, to devise public policies with a slant towards climate justice. Nora Cabrera, a lawyer and leader of Our Future, a youth climate justice initiative based in Mexico stated. She added, that it should incorporate compensation for communities affected by environmental loss and damage, as well as strategies for those not yet directly impacted by climate change.
Earlier this year, Colombia and Chile requested the IACHR to furnish the advisory opinion. They were contending with the everyday issues arising from the climate emergency which include wildfires, landslides and extreme weather events. They stressed urgent action based on principles of justice, equity, sustainability and cooperation, with a focus on human rights. They asserted a strong correlation between climate change and human rights violations.
The IACHR will probe this link, while exploring how climate change influences migration and its disproportionate impact on women, children and native populations. The court has also been requested by Chile and Colombia to elucidate a nation’s obligations towards the protection of environmental activists.
According to Global Witness, an advocacy organisation, Latin America is the most hazardous place in the world for environmental and land defenders. Data from the group indicates that nearly 90% of the documented assassinations of environmental activists in 2022 occurred in this region.
Senior lawyer at Earthjustice environmental group, Jacob Kopas, stated that a recent hearing was designed to obtain further understanding on the link between climate change and human rights. This understanding would be used to establish a sharper framework for government actions and policies in response to climate change to safeguard human rights, according to Kopas.
Testimonies were presented by residents of El Bosque, a fishing community in Tabasco, Mexico, deeply affected by climate change. Rising sea levels have led to a loss of approximately 200 meters of their coastline. Since 2019, this has resulted in the demolition of a school and over fifty houses, causing around 200 inhabitants to evict the area.
Guadalupe Cobos, the leader of the El Bosque community, disclosed that she, along with 10 of her neighbours, may have to relocate approximately 12km away to new government-built homes within a year. Cobos explained that although they rely on the sea, they’ve been severely impacted by coastal erosion. She hopes to make the court understand that they’re already experiencing the effects of climate change, not something to dread in the ensuing 20 or 50 years.
Implications of the court’s advisory opinion could be consequential for climate litigation across the Latin American and Caribbean region, and also facilitate legal action for communities battling the ramifications of global warming. This advice would be binding for all the signatories of the American Convention on Human Rights, excluding the United States and Canada who have not ratified the treaty.
The verdict will shape the legal landscape of the region as several countries amalgamate its jurisdiction into their legislations and constitutions. Cabrera from an unnamed organisation supporting the El Bosque community expressed hopes that the court would recognise the link between climate displacement and violations of human rights.
The Inter-American Commission on Human Rights, known for its forward-thinking views on climate justice and human rights, had previously acknowledged the right of citizens in Peru to a healthy environment. They ruled in favour of the inhabitants of La Oroya, a mining town in the Andes suffering from prolonged environmental pollution.
In the realm of law, various courts are pioneering fresh avenues in this area. The mounting proof indicating that militarism stands to be the most detrimental ecological endeavour by humans, continues to grow. A lawsuit by an agricultural duo who were forced to flee their home due to floods from torrential rainfall triggered a response from Colombia’s constitutional court in April. It acknowledged the correlation between environmental catastrophes, climate change, and the involuntary displacement of people.
Globally, supreme courts are also assessing the relationship between human rights and climate change. The European Court of Human Rights (ECHR) decreed on April 9th, that the Swiss government has infringed upon its citizens’ human rights by not taking sufficient action to address climate change. Sally Hayden highlighted that majority of global migrants are moving legally for employment, however, this could change as a result of climate change.
Two additional courts – the International Court of Justice and the International Tribunal for the Law of the Seas – are predicted to offer advisory verdicts concerning state international legal obligations connected to climate change. The Inter-American Court of Human Rights’ (IACHR) ruling has the potential to set a precedent by offering a “progressive and anticipatory” advisory opinion, according to Kopas.
He stated that it’s historic in light of the existing climate emergency. This crisis is not only significant to our current times but will profoundly impact all future generations. As reported by Thomson Reuters Foundation.
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