27/09/2021

(ABC) Vanuatu Asks International Court Of Justice To Weigh In On Right To Be Protected From Climate Change

ABC News - Reuters

A number of Pacific islands are facing sea level rises and severe weather events that threaten their economies. (Reuters: Edgar Su/File photo)

Key Points
  • Advisory opinions by the ICJ are not legally binding but can inform the development of international laws
  • In May this year, a group of Australian teenagers received a favourable ruling in a similar case
  • Pacific island nations are particularly vulnerable to rising sea levels
Vanuatu is asking the International Court of Justice (ICJ) to issue an opinion on present and future generations' right to be protected from climate change.

Vanuatu, with a population of some 280,000 people spread across roughly 80 islands, is among more than a dozen Pacific island nations facing rising sea levels and more regular storms that can wipe out much of their economies.

"In response to the catastrophic levels of climate change loss and damage faced by this small Pacific nation, Vanuatu recognises that current levels of action and support for vulnerable developing countries within multilateral mechanisms are insufficient," the government said in a statement on Saturday.

Vanuatu said it would route the initiative through the United Nations General Assembly.

An abandoned house reclaimed by rising sea levels in the central Pacific island nation of Kiribati. (Reuters: David Gray/File photo)

While advisory opinions by the court are not legally binding, they carry legal weight and moral authority given its status as the highest UN court for disputes between states.

Its opinions can inform the development of international law.

Ahead of November's COP26 UN climate talks in Scotland, Vanuatu will "drastically expand its diplomacy and advocacy" to build a coalition with fellow Pacific islands and other vulnerable nations, it said.

An Australian court got there first

In May this year, a group of Australian teenagers received a favourable ruling in a similar case, in which they tried to stop approval for extending a coal mine in New South Wales.

The application for their injunction was ultimately dismissed, but the Judge ruled that Environment Minister Sussan Ley did have a duty to young people not to exacerbate climate change.

Experts said the ruling set a global precedent and lawyers involved in the case said it was a global first.

Caleb Pollard, president of Pacific Islands Students Fighting Climate Change, said global responses so far were "mostly bandaid solutions that are in reality just buying more time and failing to provide actual meaningful change".

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(Al Jazeera) Vanuatu To Push International Court For Climate Change Action

Al Jazeera - News Agencies

Island state with 280,000 people among more than a dozen Pacific island nations facing rising sea levels and more frequent storms.

In April, Tropical Cyclone Harold hit Vanuatu and demolished tourist resorts in another South Pacific island nation of Tonga [File: Courtesy of Dr Christopher Bartlett via Al Jazeera]

Vanuatu is asking the International Court of Justice to issue an opinion on the rights of present and future generations to be protected from the adverse effects of climate change.

Vanuatu, with a population of some 280,000 people spread across roughly 80 islands, is among more than a dozen Pacific island nations facing rising sea levels and more regular storms.

“In response to the catastrophic levels of climate change loss and damage faced by this small Pacific nation, Vanuatu recognises that current levels of action and support for vulnerable developing countries within multilateral mechanisms are insufficient,” the government said in a statement on Saturday.

Vanuatu said it will route the initiative through the United Nations General Assembly (UNGA).

While advisory opinions by the court are not legally binding, they carry legal weight and moral authority given its status as the highest UN court for disputes between states. Its opinions can inform the development of international law.



Before November’s COP26 UN climate talks in Scotland, Vanuatu will “drastically expand its diplomacy and advocacy” to build a coalition with fellow Pacific islands and other vulnerable nations, it said.

Caleb Pollard, president of Pacific Islands Students Fighting Climate Change, said global responses so far were “mostly band-aid solutions that are in reality just buying more time and failing to provide actual meaningful change”.

“We must address the crisis by systematically targeting the root causes of one of the biggest and most imminent threats we face today,” Pollard said in a statement.

In April, Tropical Cyclone Harold hit Vanuatu and demolished tourist resorts in another South Pacific island nation of Tonga, extending a weeklong trail of destruction across four island nations with more than two dozen people killed.

In 2015, about 64 percent of the island nation’s gross domestic product (GDP) was wiped out in a single cyclone, causing economic losses of nearly $450m.

In 2019, Vanuatu considered legal action against big polluters thousands of kilometres away amid the effects of rising sea temperatures, intense cyclones, and erratic weather patterns.

Vanuatu and other South Pacific nations are being forced to spend more money, not only on protecting themselves, but also on keeping their businesses afloat because of climate change.



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Cop26: Women Must Be Heard On Climate, Say Rights Groups

The Guardian

Those worst hit by global heating are left out of talks, says feminist coalition calling for systemic change

The words of the suffragist leader Millicent Fawcett adapted into an environmental call to action at Parliament Square in London. Photograph: Hannah McKay/Reuters

Women must be enabled to play a greater role at the Cop26 summit, as the needs of women and girls are being overlooked amid the global climate crisis, a coalition of feminist groups has said.

The Global Women’s Assembly for Climate Justice has laid out a call for action at the UN general assembly, including demands that world leaders meeting at Cop26, in Glasgow this November, must end fossil fuel expansion and move to 100% renewable energy.

More than 120 groups have signed the call, to be presented at a six-day online forum starting on Saturday, which also includes demands to promote women’s leadership and equity, protect the rights of indigenous peoples, improve food security, recognise a human right to water, and to protect forests, oceans and other ecosystems.

Osprey Orielle Lake, of the Women’s Earth and Climate Action Network, and convener of the assembly, said: “Every day, we can see for ourselves forest fires burning, massive flooding, extreme droughts, people losing their livelihoods and lives– – we are in a global climate emergency.

“As the world prepares for one of the most important climate talks since the Paris agreement, we know solutions exist, and that women are leading the way.”

She said Cop26 must deliver a pathway to limiting global heating to 1.5C, and help people around the world – particularly women and children, who are often the worst affected – build resilience to the impacts of the climate crisis.

“We need systemic change,” she added. “It’s not going to work if we just barrel through another Cop and nothing happens.”

As women are responsible in many countries for gathering fuel, water and food, they often suffer the most when shortages are caused or made worse by the climate crisis. As they are usually lacking land rights, they are also more likely to be displaced in climate disasters. Studies have also found the climate crisis exacerbates gender-based violence against women.

From left to right: Osprey Orielle Lake, Casey Camp Horinek (Ponca nation leader, Indigenous Environmental Network representative) and Neema Namadamu at Cop21 negotiations in Paris, France. Photograph: Emily Arasim/Courtesy of Wecan

Neema Namadamu, founder of the Synergy of Congolese Women’s Associations, from the Democratic Republic of the Congo, said: “I was born in the forest, my whole being is from the forest. Women are on the frontline, working for climate justice and affected by climate change.

"We are planting trees – without trees there is no life. We cook with fires and have fires for light at night. We really need to start working together.”

Many of the remedies to the climate crisis would also benefit women. For instance, replacing cooking fires with solar stoves would reduce indoor air pollution that affects women and children more as they spend more time at home.

Bringing clean renewable energy to low-income countries would enable more women and girls to gain access to education, as without electricity they often lack the means to study after nightfall.

Mary Robinson, former UN high commissioner for human rights, former president of Ireland and chair of the Elders group of world leaders, has long been a critic of the lack of women’s representation at Cops, the “conference of the parties”.

She said: “We need to centre women and girls in the climate context – women need to be included at the table. The UK promised the most inclusive Cop, but it is not. The Covid crisis has exacerbated and cemented gender inequality, and we need to build on the gender action plan [agreed at the last Cop, in Madrid, in 2019].”

The Guardian revealed last year that the UK as host country was fielding an all-male top team for Glasgow, headed by the cabinet minister and Cop president Alok Sharma, with 10 ministers, civil servants and other officials who were all male.

 The government came under heavy criticism after the revelation, and appointed Anne-Marie Trevelyan, now trade secretary, as a “champion” to focus on climate adaptation and resilience. About 45% of the Cop26 unit are now women, but almost all of the most senior public-facing roles are taken by men.

A workshop on gender and the climate crisis at the Bonn climate change conference in 2019. Photograph: Kiara Worth/IISD/ENB

During the two-week Cop26 summit, there will be a day devoted to gender issues, which will include a discussion of the gender action plan. A Cop26 spokesperson said: “Women and girls have a critical role to play in the fight against the climate crisis – as decision-makers, educators and advocates at all levels.

"Progress is being made, with women among some of the most influential figures in international climate diplomacy today, but there is more to be done.

“The UK is committed to championing diversity and inclusivity throughout our Cop26 presidency and advancing gender equality in climate action and finance.”

Dipti Bhatnagar, of Friends of the Earth International, said there were concerns that women from low-income countries would face obstacles coming to Glasgow, as arrivals from red list countries must quarantine in the UK.

The UK government is running a pre-Cop vaccination programme for delegates and has pledged to fund the required quarantine stays for registered attenders, including party delegates, observers and media from the global south who would otherwise find it difficult to attend the conference.

However, Bhatnagar said: “Cop26 going ahead in person is very unsafe and inequitable now. Many organisations have demanded the UK government postpone.”

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