The main hearing in the climate litigation brought by four Indonesian fishers against the Swiss cement company Holcim ended on Wednesday at the Cantonal Court of Zug without a decision having been reached. Whether the plaintiffs will receive the requested legal protection and thus access to climate justice is a question that remains open for the time being. They are demanding compensation from Holcim for the climate damage they have suffered, financial participation in flood protection measures and the rapid reduction of CO2 emissions. The court ist yet to announce the date of the decision.
Arif Pujianto's home, Pari Island in Indonesia, has been experiencing increased flooding for some time now. The floodwater regularly causes damage in his house. The reason is clear to the 54-year-old mechanic: "Due to climate change, the sea level is rising and our flat island is therefore increasingly becoming flooded." This threatens his livelihood – even though he has contributed nothing to global warming. Arif Pujianto, Ibu Asmania, Pak Bobby and Edi Mulyono are fighting back against this injustice. At the end of January 2023, they filed a complaint with the Cantonal Court of Zug against the Swiss cement company Holcim, whose massive CO2 emissions have contributed significantly to climate change.
The question put before the Cantonal Court of Zug on Wednesday was whether the court will consider the claims of the four plaintiffs. After the hearing, it was still not clear when the court would communicate its decision. Ibu Asmania, Arif Pujianto, Pak Bobby and Edi Mulyono hope that they will have access to legal protection for their claims in Switzerland. "We are optimistic," explained Ibu Asmania, "after all, our existence is at stake". This statement was preceded by a hearing in which the effects of the climate crisis in the plaintiffs' homeland were laid bare in the Zug courtroom.
A first in Swiss courtrooms
One particularly impressive moment came when the plaintiff Ibu Asmania herself took the stand. While much of the discussion took place between the lawyers, this was the first time the judges and the public gallery heard directly the reality and demands of a person from the Global South threatened by climate change. "I feel the effects of climate change every day. Where shall we go if our island sinks?," explained Ibu Asmania. “But we still have hope for a future on our island. Every tonne of CO2 counts for us. Every dollar counts for adaptation measures and to repair the damage caused. It's about securing our future.”
The trial was also a first in Swiss courtrooms in other respects: For the first time, people from the Global South who are directly impacted by the consequences of climate change faced representatives of a global corporation that is massively responsible for their situation in a Swiss court. "We had the feeling that our situation and our arguments were taken seriously," explained Arif Pujianto after the hearing. "That is important for us." But now it is a matter of granting the plaintiffs access to legal protection and examining the substance of their claims as regards Holcim's responsibility. The plaintiffs and their lawyer were able to convincingly demonstrate that the legal requirements for this were met. Climate change and its consequences must not be an area in which the law does not apply in Swiss civil law.
Confirmation of legal developments
Were the plaintiffs' claims to be considered, this would fit into a series of decisions and opinions made by the International Court of Justice (ICJ), the European Court of Human Rights and numerous national courts that have already defined legal obligations for states and companies in relation to climate change and its consequences. The development is clear: Major greenhouse gas emitters are increasingly being held accountable. In spring, the Higher Regional Court Hamm in Germany ruled that "carbon majors"—such as Holcim—can in principle be held liable for the costs of climate change. And at the end of July, the International Court of Justice in The Hague declared that protection against climate change is an obligation under international law following a complaint by the island state of Vanuatu.
In the days preceding the main hearing, Ibu Asmania and Arif Pujianto met with numerous supporters in Switzerland. Meetings with politicians and UN representatives are scheduled for the coming days. "We have been shown a great deal of solidarity and support, for which we are very grateful," explained Ibu Asmania. "This gives us the strength to continue fighting for our rights and for access to climate justice." HEKS/EPER, ECCHR, and WALHI will also continue to campaign for the core demand of climate justice: that the parties responsible for the climate crisis should pay for the resulting costs.
Further information and materials are available here:
The Swiss aid organisation HEKS/EPER, the European Center for Constitutional and Human Rights (ECCHR) and the Indonesian environmental organisation WALHI support the climate litigation initiated by the people of Pari Island with the campaign "Call for Climate Justice".
