How a landmark case against Norway’s oil and gas expansion could set a global legal precedent

People vs Arctic Oil in Norway - Portraits - ECtHR. © Lasse Fløde / Greenpeace

Ice sculpture of a globe, during a press conference at the Supreme Court.
Young Friends of the Earth Norway (Nature and Youth) and Greenpeace are taking the Norwegian government to the supreme court of Norway for opening up new oil fields in the fragile and diminishing Arctic. © Johanna Hanno / Greenpeace
Climate justice is justice for Indigenous Peoples

Indigenous Peoples are disproportionately affected by the climate crisis and are involved in pursuing climate justice cases on multiple continents. 

In Norway and other parts of Europe the Sámi people’s traditional way of life and livelihoods are already severely threatened by climate change. Members of Indigenous Sámi communities and people of Sámi descent are among the applicants in the Norwegian climate justice case. They, and the other youth applicants, argue that the State’s plans to intensify emissions discriminate against youth and Indigenous Peoples, violating Article 14 of the ECHR.

“That the European Court of Human Rights soon will hear our case is a watershed moment for us who have been fighting Norwegian oil for years,” says Ella Marie Hætta Isaksen, Sámi activist and one of the young applicants. 

“I hope a victory will force Norway onto a new course,” says Ella, “as the Norwegian government’s aggressive oil expansion continues to put dirty oil profits above human rights. My people, the indigenous people of Norway, Sweden, Finland and Russia, have survived countless hardships. If world leaders don’t act now to prevent further climate and environmental destruction, it is the Indigenous Peoples around the world who will be among the very first to lose their livelihoods. That is why this matter is so incredibly important to me.” 

Why this ruling matters 

To tackle the climate crisis, governments must stop granting licences to extract, process, transport, and burn fossil fuels that wreak havoc on the environment. Instead, data shows a surge in new oil and gas exploration in 2024, with just five wealthy countries accounting for 56% of oil and gas licences since 2000 – Norway being one of them.

This is a landmark case because it’s the ECtHR’s first opportunity to rule on obligations for  combustion emissions. 95% of the emissions from Norway’s massive oil and gas industry stem from the combustion of exported oil and gas. The ECtHR ruled in the KlimaSeniorinnen case that the State’s primary duty is to “adopt, and to effectively apply in practice, regulations and measures capable of mitigating the existing and potentially irreversible, future effects of climate change.” The Applicants argue that Norway’s licensing plans will have the opposite effect.

For Norway, a country with an aggressively expansion-driven oil and gas policy, this ruling could compel the State to take necessary and appropriate measures to protect human rights and keep global temperature increase below 1.5ºC, by foregoing the expansion of fossil fuel projects. This could lead the government to reassess its licensing policies and invest more in renewable energy sources to meet its human rights obligations.

A critical moment for climate justice

“We are very excited about the human rights Court’s upcoming ruling. It will mark the first time one of the world’s highest courts will examine the effects of climate-wrecking fossil fuel expansion on fundamental human rights. An outcome in favour of the climate and our human rights will establish a legal precedent and have positive repercussions for Norway, Europe and beyond,” says Klimentina Radkova, legal campaigner at Greenpeace Nordic.

The ECtHR has the potential to reinforce the imperative of States to take necessary and sufficient measures to safeguard human rights and the rights of the future generations and Indigenous Peoples in the context of the climate crisis. As we await the Court’s decision, the efforts of the young activists and impacted communities remind us of the urgency and importance of this fight for a sustainable, equitable and just future. 

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Juni Haugan Holden is Communications Officer for Greenpeace Norway

Source link : https://www.greenpeace.org/international/story/69315/landmark-climate-justice-case-norway-oil-gas-expansion-global-legal-precedent/

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Publish date : 2024-08-15 07:00:00

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