Taking the world’s biggest problem to the world’s highest court!

Colleagues in the Pacific have told ECO that in Pacific tradition, when the villagers encounter an incomprehensible problem, they often seek the guidance of a person who possesses extensive knowledge and experience for clarity and guidance: the village chief. As holders of custom, they play a vital part in maintaining the harmony of their communities. One important role that the chiefs have is their advisory services. Their advice is not binding but because chiefs are primary holders of custom, their advice carries great moral authority that is often respected.

The international community is currently facing a political and economic impasse in the climate change regime. Despite the creation of the hard-fought for Paris Agreement, clear gaps in ambition, accountability, and equity and fairness still exist and have been proven to be stumbling blocks in global efforts to embrace the climate crisis. As a result, humanity is now about to enter an epoch where the adverse effects of the climate crisis will be irreparable and irreversible. This decade is our last chance to avert a climate catastrophe that may end human society as we have known it, resulting in unprecedented suffering and decline for all economies, all peoples, and all societies. ECO thinks it is time to turn to our village chief to seek their advice for a way out of this impasse.

For Pacific societies, the climate crisis is now a human rights crisis, where people are unable to exercise and enjoy their basic human rights. In the Marshall Islands, the northern part of the country has a drier climate. The intensifying impacts has an effect on the people’s rights to food and water. The multiplier effects of water shortage and salt-water intrusion in the ground water due to rising sea-levels leads to further hardships. Due to difficulties in growing food as a result of water shortages, people will be prone to nutritional deficiencies as a result of having to rely on imported food.

To prevent further suffering and violation of human rights, since 2019, Pacific governments, civil society organizations and youth have been spearheading a global campaign to bring together the international community and concerned citizens around the world to seek guidance from the principal judicial organ of the United Nations – the International Court of Justice. They believe that like their chiefs, the ICJ possesses similar influence, can complement the Paris Agreement, and bring clarity and guidance to the obligations of the international community to safeguard the human rights of the current and future generations. The government of Vanuatu has been leading the process alongside a group of states to table a Resolution before the UN general assembly to request an advisory opinion on climate change.

However, in order for the Resolution to pass, there needs to be a simple majority vote in favour to get the matter to the ICJ. Therefore, ECO wishes to amplify the calls from the Pacific for the support of the international community to join the journey to safeguard the human rights of the present and future from the adverse effects of the climate crisis. Time is not on our side and we cannot delay any longer; we must leave no stone unturned and no legal avenue unpursued, we must take the world’s biggest problem to the world’s highest court.