The Hague District Court ruled [5] on Jan. 28 that the Netherlands has failed to meet its international obligations on climate change. The court ordered the government to adopt adequate measures to better protect Bonaire [6], a Dutch Caribbean island, within 18 months.
The court concluded that the government has violated the right to private and family life of the residents of Bonaire under Article 8 of the European Convention of Human Rights [7] (ECHR).
In regard to mitigation, the court found that while the Dutch Climate Act [10] sets a goal of achieving carbon neutrality by 2050, neither the act nor its 2023 amendment set intermediate emissions-reduction targets. Both parties agreed that there was less than a 5% likelihood that the Netherlands could reduce its greenhouse gas emissions by 43% compared to 2019 by 2030. Given the failure to quantify its remaining emission allowance, the court concluded that the Netherlands' mitigation measures do not satisfy its convention and treaty obligations.
The court also noted the lack of a climate adaptation plan, sufficient scientific research, and adequate financial resources for Bonaire. These inadequacies persist despite the government’s acknowledgment that Bonaire is particularly vulnerable to climate change.
In addition, the ruling found that the government did not provide sufficient procedural safeguards to Bonaire residents, including access to information and public participation.
The recent advisory opinion [8] by the International Court of Justice significantly influenced the Dutch court in determining the state's obligations in regard to climate change. In its judgment, the Dutch court affirmed that the UN Framework Convention on Climate Change [11] and the Paris Agreement [12] are legally binding on the Netherlands, alongside other regional and international human rights treaties. These treaty obligations include the duty to contribute equitably to the goal of limiting global warming to 1.5°C above pre-industrial levels.
Apart from the right to private and family life, the court also held that the lack of adaptation measures for Bonaire, contrasting comparable measures already in place for the European Netherlands, amounted to discrimination against residents of Bonaire. This, the court found, violates Article 14 of the ECHR and Article 1 of Protocol No. 12 [13] to the convention. According to Greenpeace, this ruling marks the first time that a court has recognized a state's failure to develop climate policies for a municipality as discrimination.
Greenpeace [14] brought the class action on behalf of approximately 26,000 residents on Bonaire. Responding to the ruling, Marieke Vellekoop, director of Greenpeace Netherlands, said [15] that incoming prime minister Rob Jetten must now allocate funding for the mandated climate measures on Bonaire.
From JURIST [16], Jan. 29. Used with permission.
See our last reports on Bonaire [17], the UN climate process [18] and climate change litigation [19].
See also our podcast [20] on the World Court advisory opinion.
