How Pacific islanders forced the UN to act on climate change | Witness Documentary

Key Concepts

• International Court of Justice (ICJ): The principal judicial organ of the United Nations, considered the world's highest court.
• Advisory Opinion: A non-binding opinion issued by the ICJ at the request of authorized international organs or agencies, which can clarify legal questions and highlight areas where governments need to improve their actions.
• Climate Change: The long-term shift in global or regional climate patterns, primarily attributed to human activities, leading to rising temperatures, extreme weather events, and sea-level rise.
• Greenhouse Gas Emissions: Gases that trap heat in the atmosphere, contributing to global warming.
• Human Rights Angle: Framing climate change as a violation of fundamental human rights, such as the right to life, water, and a safe environment.
• Pacific Island Nations: Small island developing states in the Pacific Ocean, disproportionately affected by climate change despite contributing minimally to global emissions.
• UN General Assembly (UNGA): A principal organ of the UN where all member states have equal representation and vote on resolutions.
• Co-sponsors: Countries that formally support a resolution presented to the UNGA.
• COP (Conference of the Parties): The supreme decision-making body of the United Nations Framework Convention on Climate Change (UNFCCC).
• Pacific Islands Forum: A regional organization of Pacific Island countries.
• Civil Society Organizations (CSOs): Non-governmental organizations that advocate for various causes.
• "Yumi": A Bislama word meaning "we" or "us," emphasizing collective action and identity.

Campaign to Take Climate Change to the ICJ

This video chronicles the journey of the Global Youth and Civil Society Alliance, spearheaded by the Pacific Island Students Fighting Climate Change (PISFCC), in their campaign to bring the "world's biggest problem" – climate change – to the "world's highest court," the International Court of Justice (ICJ). The initiative aims to secure an advisory opinion from the ICJ to compel governments, particularly major emitters, to take more ambitious climate action.

The Urgency of Climate Change for Pacific Island Nations

• Devastating Impacts: For island nations like Vanuatu, climate change is not theoretical but a lived reality. They face increasing cyclones and are forced to plan for the relocation of entire villages due to rising sea levels and coastal erosion.
• Disproportionate Contribution: Pacific Island nations contribute less than 0.3% of global greenhouse gas emissions, yet their existence is threatened. The small island of Lanoatu, for example, suffered a devastating cyclone earlier this year.
• Threat to Identity and Heritage: Climate change impacts not only physical land but also cultural and spiritual connections to ancestral lands and landmarks. Sea level rise is causing saltwater intrusion, rendering land uninhabitable and forcing people to move inland.
• Economic Devastation: Cyclone Pam in 2015 destroyed approximately 65% of Vanuatu's GDP, highlighting the catastrophic economic consequences of extreme weather events. The frequency and intensity of cyclones have increased, with Vanuatu experiencing two Category 5 cyclones within five years.
• Forced Relocation: The prospect of relocation is a significant concern, representing the loss of homes, islands, and entire countries. This raises questions about the responsibility of the international community towards nations that did not cause the crisis.

The Legal Strategy: Seeking an ICJ Advisory Opinion

• Slow Pace of Global Climate Action: The campaign highlights the slow progress of global climate action and the lack of political will, especially from developing countries reluctant to compromise despite the catastrophic impacts of climate change and their obligations under international law.
• Limited Timeframe: Scientists estimate that a global temperature rise of 1 degree Celsius will occur in the next decade, regardless of current efforts, leaving approximately eight years to avert a point of no return.
• The ICJ as a Platform: The PISFCC believes that an advisory opinion from the ICJ can help address the imbalance and brokenness in the global response to climate change.
• Mechanism for Advisory Opinion:
  1. State-Centered Campaign: The process requires the support of states to bring the matter to the ICJ.
  2. Pacific Islands Forum Endorsement: The campaign sought endorsement from the Pacific Islands Forum.
  3. Coalition Building: Building coalitions with other states, non-state actors, students, and universities is crucial.
  4. UN General Assembly Vote: The matter must then go to the UN General Assembly for a vote.
  5. Majority Support: A minimum of 97 UN General Assembly member states need to vote "yes" on the resolution for it to be delivered to the ICJ.
• Legal Question Formulation: The core legal question formulated for the ICJ is: "What are the obligations of states under international law to protect the rights of the current and future generations from the adverse effects of climate change?" This question is considered the heart of the campaign, aiming to establish clear legal standards for governance based on science and the rule of law, contrasting with the "lowest common denominator" approach in climate negotiations.

Key Players and Milestones

• Pacific Island Students Fighting Climate Change (PISFCC): A group of students from the University of the South Pacific who initiated the campaign.
• Dr. Justin Rose: A professor of international environmental law at the University of the South Pacific who supported the students from the beginning.
• Vanuatu Government: Played a pivotal role by bringing the campaign to the UN General Assembly as a special envoy for climate.
• Global Youth and Civil Society Alliance: An alliance that has grown to include over 1,500 civil society organizations worldwide.
• Pacific Islands Forum: Provided endorsement for the campaign.
• UN General Assembly (UNGA) 77th Session: The venue for the vote on the resolution requesting the advisory opinion.
• COP 27: The campaign was active during COP 27, with a core group of 18 countries working on the resolution, securing in-principle support from over 86 countries.

Challenges and Support

• Lack of Diplomatic Presence: A disappointment during the campaign launch was the absence of ambassadors and diplomats, with competing events and potential logistical issues cited.
• Government Hesitation: In some regions, like the EU, governments have not yet committed to supporting the campaign, neither saying "yes" nor "no," which is perceived as a lack of seriousness.
• Dilution of Legal Question: A significant worry is the potential for the interests of major polluters to weaken the formulated legal question, rendering it meaningless.
• International Support: Despite challenges, the campaign has garnered significant international support, including from New Zealand, Bangladesh, and the Organization of African, Caribbean and Pacific States (OACPS).

The Historic UNGA Vote

• Resolution Adoption: On the final day of the 77th session of the UN General Assembly, a resolution requesting an advisory opinion from the ICJ on climate change obligations was adopted.
• No Opposition: Notably, there was no opposition to the resolution, and it was adopted without a vote, signifying a historic moment for climate justice.
• "Hacking the UN": The adoption was described as "hacking the UN," a testament to the hard work and dedication of the campaigners.
• Co-sponsors: A significant number of countries became co-sponsors of the resolution, demonstrating broad international backing.

Conclusion and Takeaways

The campaign to take climate change to the ICJ, initiated by young students from the Pacific, has achieved a monumental victory with the UN General Assembly's adoption of a resolution requesting an advisory opinion. This marks a historic moment for climate justice, moving the issue from "toothless conversations" to a higher legal platform. The success underscores the power of collective action, the importance of youth advocacy, and the potential for international law to address global crises. The campaign emphasizes that climate change is a human rights crisis and a global problem that requires a unified and ambitious response from all nations, particularly the major emitters. The core legal question remains central to ensuring that governments are held accountable for protecting the rights of current and future generations from the adverse effects of climate change. The Pacific's resilience and commitment to looking after each other are presented as a model for a better international community.