The UN Committee on the Rights of the Child last week (Aug 28) spelt out that children have the right to seek legal recourse in the event that their governments fail to take urgent action on climate change.
supports a developing trend of growth in climate lawsuits around the world, especially in the Global South - a term used to group poor or least developed countries including many in the Southeast Asia region.
While the Commission's decision is also not legally binding, it could set future civil liability in any action for loss and damage arising from climate change.Part of the reason could be a stigma - and lack of scientific data - that still hangs over climate change regionally. And for many governments, climate action and therefore litigation is seen as an impediment to economic development, experts say.
“Southeast Asia is not a monolithic region; every single country is slightly different in its legal conditions and the situation and the political context in which litigation will unfold. “When we talk about the development of climate change litigation, it's important to recognise the improvement, or the creation, of additional support, like a scaffolding process. This adds to the scaffolding,” she said.
The nature of governments - and often their strong influence over the court system - means that climate protest, let alone legal action, is risky.William Schulte, Mekong Region policy and legal advisor for EarthRights International, said that is one of the main reasons why there is “basically zero climate litigation in the Mekong region right now”.
“And if you don't have an independent court system that actually has the authority to issue decisions that are followed by the government, then it's going to be impossible.” The Philippines - one of the most climate-impacted countries on the planet - is a leading global voice in pushing for a working loss and damage mechanism, a system where traditional polluting nations would pay for the costs incurred by developing nations that did not cause the crisis.“The challenge actually is, which area of the law? What kind of case? And how are we going to file it?”
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