On July 3rd, the Inter-American Court of Human Rights (IACHR) will issue its Advisory Opinion on state obligations regarding the climate emergency. This announcement has generated great expectations among environmentalists as it could constitute a historic step towards climate justice in the continent.
The court, based in Costa Rica, will deliver its ruling to address the joint request made by Chile and Colombia in 2023. In that document, the Court was asked to clarify how American States must ensure human rights in the context of the climate crisis.
State responsibilities in the face of the climate emergency
The Court’s decision will come after three public hearings held in Barbados, Brasilia, and Manaus between April and May 2024. In these meetings, indigenous leaders and civil society representatives participated, providing testimonies on the impacts of climate change and governmental inaction in their territories.
“We hope the Court reaffirms that the climate crisis is indeed a crisis, affecting the full range of human rights and leading to specific obligations for States,” said Nikki Reisch from the Center for International Environmental Law (CIEL) during a virtual conference held last Wednesday by various NGOs.
Throughout the process, over 200 organizations from across the region provided input to support the ruling. Some of the Argentinian institutions that submitted recommendations were the Center for Human Rights and Environment (CEDHA), Lawyers of the Northwest of Argentina for Human Rights and Social Studies (ANDHES), and the Environment and Natural Resources Foundation (FARN).
Also, observations were sent by indigenous communities from the Salinas Grandes and Laguna de Guayatoc Basin.
The discussion of the request highlighted state responsibilities regarding climate adaptation and mitigation. It also proposed reviewing the state’s role in protecting environmental defenders and promoting equity.
Michelle Jonker-Argueta from Greenpeace International stated that the Court’s ruling would compel American countries to make legal reforms that increase requirements and oversight over companies.
“We hope the Court provides recognition of specific and concrete obligations for States and companies concerning a climate crisis,” she indicated.
Legal tool in climate litigation
Marcella Ribeiro from AIDA emphasized that the IACHR’s pronouncement will set a precedent influencing future climate litigation.
“This opinion could mark a turning point in the upcoming climate negotiations to be held in Brazil in November at COP30,” she commented.
The guidelines set by the Court in its Advisory Opinion will strengthen the arguments used by various actors (environmental organizations, indigenous communities, among others) initiating climate litigations before national or international courts.
The Advisory Opinion will be announced on July 3rd at an event presided over by the Court’s President, Judge Nancy Hernández López. It will take place at the Court’s headquarters in San José, Costa Rica, and will also be broadcasted through institutional social media channels.
