Climate justice: in Colombia, a historic decision against deforestation

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Climate justice: in Colombia, a historic decision against deforestation

The Colombian Amazon represents more than 25% of the country's territory. Raul Arboleda / AFP

In a landmark judgment issued on April 5, 2018, the Colombian Supreme Court ordered the Colombian government to end deforestation, reminding it of its duty to protect nature and the climate on behalf of present and future generations.

She thus justified a group of 25 children and young people who, accompanied by the NGO Dejusticia , sued the state for failing to guarantee their fundamental rights to life and the environment. The High Court granted them "guardianship", a mechanism created in 1991 that guarantees citizens a prompt review of complaints of violations of constitutional rights.

In the commentary to their decision, the judges urged the government, governors of the various provinces and municipalities to develop an action plan in the next five months to preserve the forest.

A "climate" obligation

In the same vein as the most emblematic climate disputes of 2015 - the Urgenda cases in the Netherlands and Leghari in Pakistan - this decision demonstrates that Colombia and the countries of the South are joining the movement of all those who, through the courts, call on their governments to take more effective and immediate measures to combat climate change.

According to figures from the Institute of Hydrology, Meteorology and Environmental Studies of Colombia ( IDEAM ), the country has lost in 2016, 178,597 hectares of virgin forest; an impressive figure showing an increase of 44% by 2015. 70 074 hectares would have disappeared in the Amazon, one of the richest places in biodiversity of the planet and which plays a fundamental role in the regulation of the hydrological and climatic cycles .

Despite the fact that the Colombian government had made international commitments to reduce deforestation in this region, the complainants have warned of the uncontrollability of the phenomenon.

If there are no consolidated figures for 2017-2018, all forecasts indicate that deforestation will be much higher than in previous years. The Amazon has concentrated 66% of early deforestation alerts . And for the month of February alone, more than 20,000 hectares of forest have disappeared due to illegal burning to establish livestock farms, crops and roads.

The precedent of 2016

The High Court also said that the Amazon enjoys legal rights and protection under the law, an unusual approach, but not novel. The Colombian Constitutional Court had already ruled in 2016 (decision T-622) that the highly polluted Atrato River had "rights" to protection and conservation.

In its decision of April 5 , the Supreme Court, relying on this precedent, states that:

"The rights granted by the Constitution of Colombia imply a transversality and concern the human beings who live there and who must be able to enjoy a healthy environment allowing them to lead a dignified life and enjoy the well-being. "

Climate and nature, subjects of law

The use of fundamental rights of a constitutional nature in litigation relating to the environment - and more particularly in actions in climate justice - has made its way in recent years and is now echoed by courts, at different levels of justice (international, regional, national).

We can mention the action of the Inter-American Court of Human Rights, created by Central and South American countries to defend and enforce the Inter-American Charter of Human Rights; on February 13, 2018, it published a historic opinion that equates the protection of the environment with human rights, calling for a more energetic fight against climate change.

In this opinion, the Inter-American Court recognized for the first time the fundamental right to a healthy environment; this concept will not fail to contribute to the protection of the environment and the climate.

While a number of climate-related prosecutions have been filed around the world, the opinion of the Inter-American Court and the decision of the Supreme Court of Bogotá are undoubtedly decisive and heralding a snowball effect.

The North American NGO Our Children's Trust, which is piloting the Juliana versus US climate justice action, has already begun this type of action in 2016. This complaint aims at affirming constitutional rights to life and liberty in the United States. to create a "right to a stable and sustainable climate" to save future generations from the devastating effects of climate change.

Worn by 21 young people, this action won a crucial victory in March 2018 when a court of appeal ruled against the federal government. Despite the efforts of the Trump administration to stop this move, the lawsuit filed by this group of young people will take place in October 2018.

A "guardianship" for future generations

The landmark decision in Colombia also affirms the existence of "intergenerational justice". The Court categorically recognizes that "future generations are subject to rights" and that "it is up to the government to take concrete steps to protect the country and planet in which they live".

This argument is based on various scientific works, notably those of American researcher James E. Hansen (Columbia University), presented as an amicus curiae - a document supporting the plaintiff's case - in order to support the tutelage presented by the young Colombian plaintiffs.

A leading scientist in the field of climate change, Hansen has sought to raise awareness of the imminent dangers of this phenomenon and propose solutions to guarantee future generations their right to a healthy environment.

Climate and social justice

By establishing a legal precedent, this decision is also an advance in the deployment of climate justice; and has been added to the list of more than 700 climate actions taken by courts around the world since 2012. This number has increased significantly since 2015, following the Urgenda case and the momentum created by the Paris Agreement.

By declaring Amazonia as a subject of law, climate justice is understood in the broad sense of social justice. In the decision of the Colombian Supreme Court, the peasantry is designated as one of the actors of the new intergenerational and social pact. The judges thus renew the dialogue between the peasants and the state.

The Colombian government will not be able to appeal the decision of the Supreme Court. But the case could be challenged before the Constitutional Court for consideration because constitutional claims on climate are rare.

However, the decision of the Supreme Court is final and requires the national and local authorities to fulfill their mandate within five months. The government will now have to develop this "intergenerational plan for the life of the Colombian Amazon" with broad social participation, complainants, scientists and members of the Amazonian communities, to prevent deforestation and reduce greenhouse gas emissions. Greenhouse. A novelty at the global level that should undoubtedly inspire other countries and other judges in the months to come.

This article appeared first on https://theconversation.com/justice-climatique-en-colombie-une-decision-historique-contre-la-deforestation-95004
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