CIVICUS speaks with Sarah Tak, General Coordinator of Klimaatzaak (‘Climate Case’), about a recent ruling by the Brussels court of appeal mandating drastic cuts in greenhouse gas emissions in Belgium by 2030.
Klimaatzaak is a civil society group founded in 2014 by 11 concerned citizens who wanted to take action against Belgium’s inadequate climate policy.
What’s the significance of the court ruling ordering the government to take more decisive action to cut greenhouse gas emissions?
Governments have been aware of the climate crisis for decades and committed to work together to stabilise greenhouse gas emissions to avoid the situation becoming truly dangerous. They have signed United Nations treaties on climate change to that end, yet unfortunately very little has been achieved. Scientists have been long telling us we must halve emissions by 2030 if we are to have a chance of limiting global warming to below 1.5 degrees compared to pre-industrial times. That is the danger threshold governments said they would strive not to cross when they signed the Paris Agreement in 2015, and they reaffirmed this commitment in 2021 at the COP26 climate summit. Yet they fail to translate these promises into domestic action and global emissions continue to rise, even to this day.
What this shows is that politicians are not able – or willing – to act on the climate crisis in the decisive way needed. Meanwhile the situation is becoming increasingly alarming, which is why judges are asked to step in, often by citizens or civil society groups who see their most fundamental rights threatened by climate change.
The verdict issued by the Brussels Court of Appeal on 30 November 2023 is truly historic because it was only the second time worldwide that judges have imposed a binding obligation on governments to reach a defined emission reduction target. The first victory was achieved by the Urgenda Foundation in the Netherlands in 2015. Our verdict found the climate policy of the Belgian federal, Brussels and Flemish regional governments to be negligent to the extent that it constitutes a breach of the human rights of all 58,586 individual co-plaintiffs in the lawsuit.
What was Klimaatzaak’s role in the court case?
We are a movement of concerned citizens that decided to start court actions to force governments to act on climate. Initially we were just 11 people, but we grew to a grassroots movement of 58,586 citizens. This number makes the Belgian climate case the largest worldwide, which is why it considers itself to be a lawsuit by and for citizens.
We started the legal case in 2014, by sending a formal notice to the four parts of Belgian government that have competence for climate policy – the federal government, plus those of the Flemish, Brussels-Capital and Walloon regions. After disputes about the procedural language, the proceedings on the merits of the case started in 2019.
Legally we built the case on two pillars, where we argued that the inadequate climate policy pursued by the Belgian authorities was a violation of both the tort provision of the Belgian civil code (the ‘duty of care’) and of articles 2 and 8 of the European Convention of Human Rights. Given the importance and urgency of the matter, we requested a penalty payment of €1 million (approx. US$1.07 million) for every month’s delay in executing the judgment.
When oral proceedings started in March 2021, people mobilised in more than 100 municipalities and cities across Belgium. An estimated 7,000 citizen climate advocates took to the streets dressed as lawyers to show their support. The Court of First Instance of Brussels issued its decision in June 2021, confirming that the Belgian climate policy was so substandard that it violated the legal duty of care and human rights, but it did not impose any specific reduction target.
Since it soon became clear that the competent ministers had no intention of abiding by the judgment and changing their policy course, we decided to start the appeal procedure in order to complement the first instance verdict with binding reduction targets. And this time everything went much faster because the Brussels Court of Appeal decided to prioritise our case. Submissions from the federal and regional governments were received and we then filed ours throughout 2022 and 2023. Four intense weeks of oral pleadings took place in September and October 2023, and the historic verdict was out before the end of November.
It was the backing of our countless supporters that helped sustain our work for so long. They kept us upright financially and morally. If anything, this was a victory of civil society and the public.
Do you expect this ruling to set a precedent for others to follow?
Our case is part of a wider trend and sets an important legal precedent that is already today being used in other jurisdictions to try to impose similar climate targets. Steep national emission reduction targets are urgently needed for climate policies to have a chance of being effective.
We are now seeing a lot of civil society groups, individual citizens and even government authorities turning to courts to push for climate action. There are more than 2,000 climate cases worldwide, initiated by a wide array of claimants. In the USA, the state of California is suing major oil corporations over claims they misled the public for decades and seeking the creation of a special fund to pay for recovery. Organisations such as Milieudefensie in the Netherlands already won a pioneering climate case against the oil major Shell and recently initiated a new climate case against IGN Bank.
To stop the climate crisis, we need systemic transformation: we need governments, carbon majors and banking and insurance companies to drastically change course. In the coming years we can surely expect a lot more litigation against not only governments but also other powerful actors. We simply need to hold them accountable if we want to see the transition that is needed before 2030.
Our case is already being consulted and referenced by civil society in other countries. We were contacted by several groups seeking similar rulings in their countries who were trying to understand the reasoning of the judges and use their arguments in their own proceedings.
What are the next steps in your advocacy work?
Elections will take place in Belgium in June 2024, so we are working to keep the verdict alive in public debate. After the election we will continue to monitor compliance with the ruling. The judges set up a follow-up mechanism so we can go back to them in 2025 if climate policy continues to be unsatisfactory. The judges will then decide on penalty payments if need be. A good mix of advocacy and legal work awaits us in the coming months and years.
Civic space in Belgium is rated ‘narrowed’ by the CIVICUS Monitor.
Get in touch with Klimaatzaak through its website or Facebook page, and follow @Klimaatzaak on Twitter and Instagram.