Constitutional Court hears young environmental activists in first court case on climate change

A young environmental activist calls for a speedy ruling on petitions filed against the government’s inadequate response to climate change during a press conference held Tuesday in front of the Constitutional Court in central Seoul, ahead of the first public hearing about the case on the same day. (NEWS1)

The Constitutional Court held a public hearing on Tuesday into a complaint filed by teenage environmental activists against the government for violating their fundamental rights by failing to adequately respond to climate change.

The hearing marked the first climate change lawsuit in Asia, involving four petitions filed by about 250 people, including children. The matter was first raised by teenage environmentalists in March 2020.

The plaintiffs argued that the country’s “insufficient” climate change action plans and its Nationally Determined Contribution (NDC) target, which aims to reduce CO2 emissions by 40 percent to 436.6 million tons from the peak of 727.6 million tons in 2018, contrary to government targets. responsibility to protect the fundamental rights of citizens, such as the right to life.

During the hearing, a lawyer noted that the government’s national carbon neutrality baseline plan, announced in March last year, has increased its reliance on “uncertain” technology to capture, use and store carbon to reduce emissions.

The lawyer added that the government has not announced specific annual emissions reduction targets, nor the resources allocated to achieve them.

Another lawyer argued that the country should aim to limit global warming to 2 degrees Celsius (36 degrees Fahrenheit) compared to pre-industrial levels, in addition to efforts to limit temperature rise to 1.5 degrees Celsius, as agreed in the Paris Climate Agreement. The lawyer said the country’s current NDC target could potentially contribute to an increase in global warming of 2.9 degrees Celsius.

In the lawsuit, the government refuted this, saying its economy and industries face significant burdens, especially due to its manufacturing-oriented economic structure. It also defended its process for setting targets, saying this was based on the country’s circumstances.

Lee Jong-seok, the head of the Constitutional Court, stressed at the start of the hearing that the court would take into account international precedents and thoroughly investigate the case, taking into account its significance.

Lee was referring to the recent ruling by the European Court of Human Rights, which found that Switzerland’s climate inaction violates basic human rights.

Another public hearing on the case is scheduled for next month.

The court ruling could impact the government’s review of environmental policies, including the NDC.

For example, Germany revised its climate change law following the Constitutional Court ruling, which increased its NDC target of cutting emissions by 40 percent to 65 percent below 1990 levels.

Korea’s National Human Rights Commission also issued a statement to the Constitutional Court in August last year, expressing concern that the country’s Carbon Neutrality Act does not adequately address the severity of climate change, particularly by stating gradual emission reduction targets from 2031 to 2050.

BY CHO JUNG-WOO ([email protected])