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Title:
Indonesian Youths and others v. Indonesia
Party:
Indonesia
Region:
Asia and the Pacific
Date of text:
July 01, 2022
Data source:
Sabin Center
Abstract:
On July 14th 2022, 14 applicants filed a complaint against the Indonesian government to the Indonesian National Human Rights Commission. The complainants are youth and affected groups from various generations and regions in Indonesia who are affected by climate change. The complainants claimed that climate change has caused the complainants to face life-threatening hazards, reduced physical and mental well-being, increased health risks, food and water insecurity, along with disruption to their education and livelihoods. The complainants stated that they had experienced various impacts caused by climate change including 1) heat waves that caused death and heat-related illness and decreased productivity of outdoor works; 2) sea level rise which causes coral reef bleaching and declining fish stocks, causing food and job insecurity in tourism and fisheries; 3) an increase in extreme heat and rainfall brings disease, water and food insecurity; 4) the occurrence of tidal flooding, high waves, and strong winds due to sea level rise endangering lives and causing loss of shelter and vulnerability to food and water; and 5) complainants' aggravated mental health. The complainants claim that the Indonesian government has violated their human rights guaranteed by the Indonesian constitution, by not taking the necessary mitigation and adaptation measures to prevent temperature rises above 1.5 degrees. The claim came from the fact that: 1) Indonesia is still heavily dependent on deforestation and fossil fuels, especially coal for economic growth; 2) Indonesia has inadequate emission reduction targets; 3) Indonesia still allocates significant available resources to support carbon-intensive industries; 4) Indonesia does not integrate adaptation planning into domestic policies and budgeting 5) Indonesia fails to ensure that social protection mechanisms work to reduce vulnerability to disasters and climate-related stresses; and 6) Indonesia does not prioritize nature-based adaptation. The complaint alleges that Indonesia government’s insufficient action on climate change has violated the following rights under Indonesia constitution: 1) the right to life and the right to a good and healthy environment, 2) the right to develop oneself through the fulfillment of basic needs, 3) the right to food and water, 4) the right to education, 5) the right to work and earn a decent living, and 6) children's rights.

Key environmental legal questions:

Whether the Indonesian government has violated its human rights obligations to Indonesian children and other vulnerable groups, by contributing to climate change and failing to take action to minimize climate risks.
Notes:
Youth/Children; Suits against governments; Human Rights