Court Orders Dutch Government to Protect Bonaire from Climate Change, Citing Discrimination
A court in The Hague has ordered the Dutch government to establish a plan for protecting residents of Bonaire, a Caribbean island, from the impacts of climate change. The court determined that the government discriminated against the island's 20,000 inhabitants by not implementing timely and appropriate measures to safeguard them from climate change before critical effects occur.
The court determined that the government discriminated against the island's 20,000 inhabitants by not implementing timely and appropriate measures to safeguard them from climate change before critical effects occur.
Judge Jerzy Luiten noted that Bonaire is already experiencing flooding due to tropical storms and extreme rainfall, a situation expected to intensify. Forecasts predict that parts of the island could be submerged by 2050.
Mandated Climate Action and Emission Targets
The court also mandated that the Dutch government set binding targets within 18 months, formalized in law, to reduce greenhouse gas emissions in accordance with the Paris Climate Agreement. This agreement commits nations to keeping the rise in global temperatures "well below" 2 degrees Celsius, aiming for 1.5 degrees Celsius, compared to pre-industrial times by 2100.
The case was brought by eight Bonaire residents with the support of the environmental organization Greenpeace. The plaintiffs sought to compel the government to enhance protection for its citizens against increasing temperatures and rising sea levels. This ruling may serve as a precedent for similar legal challenges globally.
Reactions to the Landmark Decision
Jackie Bernabela, one of the residents, expressed her view on the ruling, stating it recognized their equality. Sophie Hermans, Minister for Climate Policy and Green Growth, stated that the court's decision holds significance for residents of Bonaire and the European Netherlands and indicated that the government would review the decision. Greenpeace campaigner Eefje de Kroon welcomed the ruling, noting it as a victory that necessitates increased government action on climate change.
The case was heard in The Hague because Bonaire, along with St. Eustatius and Saba, became special Dutch municipalities in 2010. Its residents are Dutch citizens.
Government's Defense and Court's Rejection
Lawyers representing the government argued that the Netherlands is already taking steps to address climate change through greenhouse gas reductions and mitigation efforts, suggesting the issue should be managed by national administrations. However, the court concluded that government efforts were insufficient.
It cited that a target to reduce emissions by 55% by 2030 compared to 1990 levels was not legally binding and did not fully account for emissions from air and sea transport. The court further stated that the Netherlands was "highly unlikely" to achieve its 2030 target.
The ruling occurs during discussions to form a new Dutch government, potentially led by Rob Jetten, who has previously overseen climate legislation. The incoming government will be required to align its measures with this court decision.
A Precedent with Global Implications
The Hague District Court has previously issued significant climate rulings, including the Urgenda case. In 2019, the Dutch Supreme Court ruled in favor of climate activists in the Urgenda case, ordering the government to cut greenhouse gas emissions, a decision that has influenced similar legal actions globally.
The Urgenda decision has been referenced in recent climate change rulings from the European Court of Human Rights and the International Court of Justice, both of which have indicated that a failure to combat climate change constitutes a violation of international law.
Over the decade leading up to 2023, global average sea levels rose approximately 4.3 centimeters (1.7 inches). Global temperatures have increased by 1.3 degrees Celsius (2.3 Fahrenheit) since pre-industrial times, primarily due to the burning of fossil fuels.