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Julian Medina comes from a family of fishermen in the northern Morrosquillo Bay, Colombia, who use small-scale and often traditional methods to catch fish such as mackerel, tuna and cod.
Medina was a businessman in his youth, but he returned to his roots, eventually leading a fishing organization. For years, he has fought against encroachment by fossil fuel companies, pollution and overfishing, which are destroying the Gulf’s fragile ecosystem and people’s livelihoods.
He said the amount of fish he and others can catch has dropped dramatically – by 70 percent in the past decade, leading to widespread hunger in an already impoverished region. “We are now catching fish below the minimum standard, the fish that would otherwise provide us with future security.”
Medina is angry at fossil fuel companies that have taken over parts of the coast and caused oil spills, and he is angry about the permits that were issued and undermined community efforts to restore mangroves. He is also deeply concerned about how warming waters are bleaching the coral reefs where his prey swim.
“We see how industrial activity is affecting our entire ecosystem,” he said, “but we also know that climate change is affecting our environment. It’s a fight, and we’re trying to make it visible and heard.”
Medina will tell his story to a jury this week Barbados The Inter-American Court of Human Rights holds the first part of a historic hearing on climate change.
The survey was initiated by Colombia and Chile, ask The court will clarify the legal responsibilities of states to address climate change and prevent it from violating people’s human rights.
The detailed request seeks clarification on many issues, including children and women’s rights, environmentalists and Common but differentiated responsibilities – All countries have a role to play in addressing climate change, but some should bear a greater burden. In addition to mitigation and adaptation, it asks how countries should respond to the inevitable Loss and Damage.
While climate change affects the entire world, the two countries told the court that its impacts are not uniform or equitable. Their request letter warned that people in Chile and Colombia are already dealing with the daily consequences of the climate emergency, including droughts, floods, landslides and fires.
“These phenomena highlight the need for an urgent response based on the principles of fairness, justice, cooperation and sustainability, with an eye to human rights,” they said.
Courts around the world are increasingly linking climate justice and human rights. This month, the European Court of Human Rights First term The government’s weak climate policy violates basic human rights.
But the global South is leading the way. The court, based in Costa Rica, was established in 1979 to interpret and apply the American Convention on Human Rights, which was ratified by members of the Inter-American Commission on Human Rights. Organization of American StatesTwenty countries have accepted its jurisdiction, including most of Latin America and several Caribbean island nations. But the United States and Canada have not yet done so.
This is the continuation of International Court of Justice and Arab Atomic Energy Agency International Law TribunalThese opinions are highly influential and set the framework for future legal action.
However, the Inter-American Court of Human Rights is the only court that focuses on human rights issues. View It recognizes Right to a healthy environment And confirm States must protect human rights be affected by environmental damage, even if such damage occurs outside its territory.
This recognition began in March when Ruling Peru violates the The country’s ‘most polluted town’.
Sophie Marjanac, head of responsible companies at environmental law charity ClientEarth, who will speak at the Barbados hearing, said: “The Inter-American Court is generally regarded as a court that is more willing to innovate in the law and draw on resources from around the world.”
Unlike other courts, the Inter-American Court accepts written statements from organizations and individuals and invites many of them to attend oral hearings.
The hearing will begin with statements from the governments of Chile, Colombia and Barbados, followed by statements from Mexico and Vanuatu. The court will then hear from UN agencies, America and further afield, local and national campaign groups, unions and refugee organisations. Speakers came from a diverse range of sectors, including Grupo Energía Bogotá, a large regional gas company.
A key part of the opinion concerns issues of intergenerational fairness, with the court hearing directly from young people.
Jovana Hoschtialek, 18, a teacher and Grenadian climate activist, has seen major changes on her home island firsthand.
“The sea level is rising, a lot of plants are dying, and water is becoming increasingly scarce,” she said. “Everything I experienced growing up, sooner or later my sisters won’t be able to experience.”
Hoschitalek was preparing to tell the court about her experience. “I want to tell them how important it is to let future generations see themselves, because … if things don’t change drastically, the children will not be able to survive the harsh climate that is coming.”
Trina Chiemi, founder of the youth network Rapid Climate Action to Ensure Intergenerational Equity, hopes the hearing will be an empowering process. “Through the Inter-American Court, we will be able to share our voices directly and they will be able to see the faces of the people affected.”
The court will then hold hearings in Brasilia and Manaus in May to hear more stories from the front lines of the climate crisis, including those living in “Sacrificial Zone” In Chile, Bolivian women fight to protect local water sources and indigenous communities.
Medina and others spoke at the hearing, supported by the Inter-American Environmental Defense Association (Aida), a Latin American environmental law group.
“Many of the issues that will be raised may seem unrelated,” said Marcella Ribeiro, senior human rights and environmental lawyer at Aida. “But I think the real benefit of hearing directly from environmentalists and communities is that they can pinpoint exactly where and how these environmental issues are linked to climate change. For example, environmental degradation and their ability to adapt.”
Once published, the opinion will have a direct impact on countries that accept the court’s jurisdiction. Legal experts say it will become an authoritative source of states’ obligations to address climate change, potentially boosting action to reduce greenhouse gas emissions, supporting adaptation measures and helping to establish mechanisms to address loss and damage.
Activists also hope it will inspire existing climate lawsuits and petitions, such as the one currently underway in Inter-American Commission on Human Rights (the court’s sister organization), and said it could form the basis for future domestic or regional climate litigation.
It can even be used by countries for arbitration Investor-State Dispute Settlementmany of which were brought in by extractive industry companies.
The opinion is also expected to have implications beyond the Americas, including for advisory opinions yet to be rendered by the International Court of Justice.
“We in the region who live here understand the local environment and know what’s going on,” Medina said. “A lot of scientists come here to study what’s going on, and they can provide context. But it’s really important for those of us who are experiencing the changes … to have our voices heard.”
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