In French-speaking Switzerland, climate lawyers have decided to move from defense to attack. They have created a non-profit association whose objective is to bring to the attention of the courts cases raising questions of climate protection.
This is a strategic turning point in climate trials. Spurred on by climate protests since 2019, the number of lawsuits against proclimate activists has exploded. In two years, some 80 lawyers have voluntarily defended citizens who have taken part in such actions. Now, a handful of these lawyers want to join forces at the Romand level for the moment in order to give a “new breath” to climate justice.
Seven of the eleven founding members of the Association “Avocat-es pour le Climat” (auxiliaries of climate justice), formed in September 2021, publicly presented their role and objectives to the press on Friday in Lausanne. Non-profit and partisan, it intends to swell its ranks thanks to the network of dozens of lawyers who have defended proclimate activists.
Reverse logic
“Until now, it was a question of defending citizens prosecuted by the State for their climate commitment”, explained its leaders. “We are now reversing this logic so that the accused changes sides and offers the possibility to citizens to in turn sue the State as well as the most polluting companies, because it is them, and not the committed citizens, who are responsible for global warming,” they say.
“We are tired of always being on the defense side,” said Irène Wettstein, a lawyer in Vevey. “It’s about going on the offensive in the face of the judicial wait-and-see attitude in Switzerland, which is regrettable,” she explains. “Today, Swiss justice is not yet up to the climate challenge”, adds Raphaël Mahaim, national councilor (Green / VD) and also a founding member of the association.
“There is still too much shyness and not enough familiarity among the population with regard to legal provisions on climate issues,” notes Mr. Mahaim. “However, it is a question of law and not of politics”, once the laws have been established, such as the CO2 law, for example, he insists.
According to the association, too few climate cases go up in the Swiss courts, apart from the trials of activists. And to cite the only case of a civil liability climate lawsuit in Switzerland: Holcim, from whom the inhabitants of the Indonesian island of Pulau Pari are asking for compensation for the damage caused by global warming. Four of them have indeed filed a request for conciliation in Zug against the cement giant.
Two first actions in sight
Like what is happening in particular in the Netherlands, Germany or France, Avocat-es pour le Climat therefore wants to set up trials, whether they are actions for the liability of the State , requests directed against polluting companies or procedures intended to block authorized but illegal constructions. The association is also made up of experts, law professors and students.
She also announced on Friday that she had two procedures in preparation. One concerns an action for liability by the Confederation – on behalf of around fifteen peasant representatives, including associations, affected by climate change – for non-compliance with the requirements of the law on C02. It could be filed by early 2023.
Another targets companies (not mentioned) for unfair competition regarding false or misleading information on so-called ecological and sustainable investment funds. This procedure initiated on behalf of the association itself should be completed by the end of the year.
“There is currently a movement of exceptional and unprecedented magnitude with probably well over 2,000 climate cases pending before the courts around the world,” notes Mr. Mahaim. The association intends to reach out to German-speaking climate lawyers and also says it wants to collaborate with international NGOs of the same type.
This article has been published automatically. Source: ats