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- COVID-19 Response | KAMY
RESPON COVID-19 Sepanjang Perintah Kawalan Pergerakan (PKP), semua lapisan masyarakat mengalami kesukaran untuk menghadapi impak pandemik Cov-19 yang datang secara mengejut. Perubahan yang pantas ini telah meruntuhkan struktur 'supply-chain' diperingkat lokal dan global. Cabaran ini adalah lebih besar kepada golongan belia, wanita dan kanak kanak, dan komuniti marginal seperti orang asli, termasuk juga yang tidak berdokumentasi seperti imigran dan pelarian. Ini kerana saluran bantuan yang diberikan kerajaan Malaysia melalui pakej ransangan seperti PRIHATIN adalah umumnya kepada rakyat Malaysia yang mempunyai akses internet, teknologi dan perbankan. Atas dasar solidariti dan semangat setiakawan, KAMY bersama pelbagai NGO , CSO dan juga agensi kerajaan tertentu telah turut serta dalam kempen besar-besaran #KitaJagaKita . Sebagai pertubuhan belia yang mempunyai jaringan yang besar, KAMY telah menjalankan empat kempen respon Cov-19 seperti tertera di bawah, untuk meningkatkan daya tahan komuniti. Sebagai sebuah kumpulan belia yang berteraskan prinsip #KeadilanIklim , kami melihat krisis Cov-19 ini adalah seperti krisis iklim. Kedua-duanya adalah bukan sahaja isu alam sekitar semata-mata, tetapi juga isu sosio-ekonomi, politik, etika, dan hak asasi manusia. Exploitasi manusia terhadap alam sekitar tanpa pengurusan yang bijak dan mampan telah menjejaskan keseimbangan ekosistem dan membuka pintu untuk lebih banyak virus berbahaya seperti COVID-19. Saintis berpendapat bahawa krisis iklim adalah 'multiplikator' yang akan memburukkan keadaan ini. Oleh itu, solusi jangka pendek bukanlah solusi sebenar jika kita ingin mencapai tahap pemulihan yang adil dan hijau pasca COVID-19. Hubungi KAMY di inquiry@klimaactiomalaysia.org untuk makluman lanjut. Ini adalah satu platform untuk pelajar pelajar universiti membantu sesama sendiri dan organisasi semasa PKP. #Sapot Member Ini ialah satu inisiatif kolaboratif KAMY bersama NGO NGO belia lain untuk mobilisasi bantuan kepada komuniti Orang Asli di semenanjung Malaysia semasa PKP. Jumlah keluarga terkini; 1548 bersamaan 6192 individu #MisiBantuOA Inisiatif ini adalah satu kolaborasi bersama KAMY dan komuniti permakultur belia dari Asia Tenggara untuk dokumentasi aktiviti permakultur oleh anak-anak muda sepanjang pandemik COVID-19 di Asia Tenggara. Grassroots Permaculture Action Tekan untuk info lanjut Tekan untuk info lanjut Siri Webinar kolaborasi bersama Siri webinar dan bengkel ini adalah kolaborasi KAMY bersama NGO , CSO dan Universiti fokus kepada impak krisis iklim , impak covid19 ,impak kepada Orang Asli, impak kesihatan dan juga impak jerebu Tekan untuk info lanjut
- Sekolah Iklim | Klima Action Malaysia (KAMY)
SEKOLAH IKLIM Climate Report Heartbeat Voices from Indigenous Youth of Peninsula Malaysia Suara Nadi Belia Orang Asli Semenanjung Malaysia Executive Summary The Orang Asli youth of Peninsula Malaysia are at the forefront of the climate crisis, facing severe impacts from environmental degradation, legal logging, mono-crop plantations, mining, and inadequate emergency responses to natural disasters. These challenges threaten their ancestral land rights, health, and cultural heritage. Marginalized communities disproportionately bear the cost of the transition to renewable energy, with projects risking the erasure of historical sites and undermining Indigenous territorial autonomy. The report emphasizes the critical role of Orang Asli youth in climate governance, advocating for policy reforms that include their voices and safeguard Indigenous land rights, in line with the UNDRIP and SUHAKAM's recommendations. Download (9.7MB) About the Researcher Kasih Leia Ixora Azhar, a University of Nottingham Malaysia grad, passionately merges her International Relations study with advocating for Malaysia's Orang Asli rights. Her 2022 research in Pekan-Rompin peeled back layers on the Jakun Orang Asli's plight, spotlighting land rights and environmental woes. Beyond academia, Kasih's heart beats for local arts and culture, contributing as a writer and musician, amplifying her advocacy through creativity. In "Heartbeat Voices from Indigenous Youth of Peninsula Malaysia, " Kasih collaboratively amplifies the voices of Orang Asli youth, working alongside them to push for critical changes in climate governance and the acknowledgment of Indigenous rights. Her efforts are part of a collective call to action, championing policies that genuinely incorporate and defend the voices most impacted by environmental injustices.
- HUTAN-WRITING
HUTAN Press statement : Stop monoculture plantations in Permanent Forest Reserves Today, green NGOs of mostly youth-led, have spoken against big scale forest plantations in permanent forest reserves in Peninsular Malaysia, collectively demanding the reevaluation of the National Forest Policy. More Workshop on forest governance in Peninsula Malaysia Forest protection in Malaysia is even more critical in this 'recovery phase', and degazetting permanent forest reserves and converting it to thousands of hectares of forest plantation (including Musang King Durian which is a species not allowed under the EIA for cultivation) is not only irresponsible but maybe a good setting for corruption. More
- Recipes
Kategori Gender Climate Justice Climate Litigation SUBMIT Layari Sumber Kami Koleksi lengkap sumber-sumber daripada organisasi kami Addressing Climate Justice through Gender Justice Grassroot Level Gender Injustices Women are already initially at a disadvantage, from financial to social constraints... Principles of Climate Justice What is climate justice? Climate justice does not literally mean ‘justice for the climate’... Climate Litigation Globally and the lessons for Malaysia Climate litigation can be broadly defined to include lawsuits brought before administrative, judicial and other investigatory bodies...
- Resource Hub | Klima Action Malaysia (KAMY)
KAMY RESOURCE HUB Bringing you important resources about climate change Microsite CET Report Last Maintenance: 13/08/2024 10AM LENSA IKLIM An impact programme to upskill and empower Malaysian journalists and mainstream news media to improve climate and energy transition reporting. The long-term impact is strengthening climate communication in Malaysia and increasing the public's climate literacy. This programme is a Klima Action Malaysia (KAMY) initiative supported by the European Climate Foundation (ECF) Learn More CLIMA TEA Coming Soon! Intro MICROSITE CET REPORT A report by Lensa Iklim programme and initiative by Klima Action Malaysia (KAMY) and supported by European Climate Foundation Learn More KEY CLIMATE EXPERTS List of prominent climate experts you can reach out to Coming Soon! WHO IS WHO LIST One stop resource for content makers, climate advocates and journalists in identifying key players and contact within the energy sector and climate Learn More CLIMATE & ENERGY POLICY A reference to the current climate and energy policy outlook nationally and internationally Learn More GLOSSARY All you need to know jargons in energy and climate Learn More
- Blog | Klima Action Malaysia (KAMY)
Aktiviti Lepas All Posts Climate strike Banjir Orang Asli Hutan Jerebu Acara Artikel Gender Good Governance Kenyataan Webinar Workshop Podcast Bahan Api Fosil Cari KAMY 24 Apr 2022 1 min Malaysia’s Floods of December 2021: Can Future Disasters be Avoided? ISEAS – Yusof Ishak Institute has publish a perspective paper on Malaysia's flood on December 2022, with some key recommendations. The... 63 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 8 Apr 2022 8 min Summary Report of Voice and Visibility #CSW66 Parallel event Commission on the Status of Women (CSW66) Parallel Event Voice and Visibility: Global South Feminist Demands for Environmental Justice... 53 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 2 Apr 2022 3 min Floods of Klang Between maladaptation, mismanagement and poor response. In December 2021, Malaysia suffered one of the worst floods in recent memory.... 524 lihatan Hantaran tidak ditandakan sebagai disukai Aroe Ajoeni 5 Mac 2022 2 min Climate Circle : IPCC Moment KAMY organized a Climate Circle to briefly discuss the main points from the IPCC AR6 WGII report and most importantly how to navigate our cl 40 lihatan Hantaran tidak ditandakan sebagai disukai Iman Irwin 21 Feb 2022 4 min The Neglected Intersection: Gender Responsive Climate Action During Floods The obvious reason as to why gender-responsive climate action has gone unnoticed during floods is because information and data that have bee 369 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 17 Feb 2022 2 min KAMY’s experience at COP26 KAMY worked with four networks namely; Fridays for Future MAPA, Fossil Fuel Non Proliferation Treaty, Transnational Accountability & Justice 26 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 16 Feb 2022 4 min Our experience organizing Weaving Hopes for the Future (in the UK and Malaysia) Weaving Hopes for the Future is a project to empower Indigenous youth and women from Peninsula Malaysia. We curated a full two weeks exhibi 58 lihatan Hantaran tidak ditandakan sebagai disukai Alamak team 15 Feb 2022 1 min Alamak podcast | COP26 & Malaysia's Flood Crisis In this episode, we recap what happened at COP26 in November 2021 and Malaysia's flood crisis. 13 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 4 Dis 2021 2 min COP26 debrief session with GDIMY A week after COP26, Aroe Ajoeni presented a ‘COP26 Debrief’ with two other panels; Meena Raman (SAM) and Nithi Nesadurai (EPSM) hosted by GD 12 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 20 Nov 2021 1 min COP26 debrief session with BEM UI KAMY was invited to a Conference Of Students organized by BEM UI - University of Indonesia Student Executive Board in response to the outcom 11 lihatan Hantaran tidak ditandakan sebagai disukai Alamak team 18 Okt 2021 1 min Alamak podcast | Net Zero is Not Zero: Debunking Malaysia’s Climate Goals In this episode we talked to Meena Raman. She’s here to answer our questions on what Net Zero vs Real Zero look like in Malaysia. 17 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 24 Sep 2021 2 min Part two : Decolonising Climate Advocacy So what needs to be done ? According to Dr Rupa Marya's studies, ecocide is rooted in the legacy of colonialism. It has close ties to... 68 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 24 Sep 2021 6 min Part One : Decolonising Climate Advocacy What does it mean to decolonise the climate movement, and does the climate movement succeed in reflecting the struggles of our human... 172 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 31 Ogo 2021 4 min PHSKLU’s Coalition Strongly Condemns the Degazettement of Kuala Langat North Forest Reserve (KLNFR) The Pertahankan Hutan Simpan Kuala Langat Utara (PHSKLU) coalition strongly condemns the decision by the Selangor State Government, led... 79 lihatan Hantaran tidak ditandakan sebagai disukai KAMY 26 Ogo 2021 6 min #CodeRedForHumanity, are we pivoting fast enough? We need to ask ourselves an honest question: “How ready are we to face another crisis?” 105 lihatan Hantaran tidak ditandakan sebagai disukai Aroe Ajoeni 21 Jul 2021 1 min Short films project about climate change in Malaysia with INTI college You can watch the three documentaries below: 10 lihatan Hantaran tidak ditandakan sebagai disukai Alamak team 29 Jun 2021 1 min Alamak podcast | The Coal Truth - Malaysia's unsustainable obsession with coal Are Malaysians ready to know about the truth of coal? Burning of coal is one of the drivers of climate crisis, but why is there almost no c 3 lihatan Hantaran tidak ditandakan sebagai disukai Aroe Ajoeni 5 Jun 2021 4 min The Role of Youth In Ecosystem Restoration In Malaysia - Panel discussion with APPGM-SDG Watch the full livestream on Facebook here Apabila kita bercakap tentang pemulihan ekosistem, kita bukan sahaja bercakap tentang menanam... 47 lihatan Hantaran tidak ditandakan sebagai disukai Alamak team 22 Apr 2021 1 min Alamak podcast | Earth Day special: The ins and outs of climate negotiations (COP) If this your first time hearing about climate negotiations, this episode can be a great start for you to understand how decisions related 4 lihatan Hantaran tidak ditandakan sebagai disukai Aroe Ajoeni 27 Mac 2021 1 min #ProtectOurFutureFromFossilFuels Global Day of Action [launch] Background: Communities in Australia launched campaigns to #ProtectOurFutureNotGas in November 2020 in response to the Narrabri ... 27 lihatan Hantaran tidak ditandakan sebagai disukai 1 2 3 4 5
- Recipes
Kategori Gender Climate Justice Climate Litigation SUBMIT Layari Sumber Kami Koleksi lengkap sumber-sumber daripada organisasi kami Addressing Climate Justice through Gender Justice Grassroot Level Gender Injustices Women are already initially at a disadvantage, from financial to social constraints... Principles of Climate Justice What is climate justice? Climate justice does not literally mean ‘justice for the climate’... Climate Litigation Globally and the lessons for Malaysia Climate litigation can be broadly defined to include lawsuits brought before administrative, judicial and other investigatory bodies...
- Resource Hub | Klima Action Malaysia (KAMY)
KAMY RESOURCE HUB Bringing you important resources about climate change Microsite CET Report LENSA IKLIM An impact programme to upskill and empower Malaysian journalists and mainstream news media to improve climate and energy transition reporting. The long-term impact is strengthening climate communication in Malaysia and increasing the public's climate literacy. This programme is a Klima Action Malaysia (KAMY) initiative supported by the European Climate Foundation (ECF) Learn More CLIMA TEA Coming Soon! Intro MICROSITE CET REPORT A report by Lensa Iklim programme and initiative by Klima Action Malaysia (KAMY) and supported by European Climate Foundation Learn More KEY CLIMATE EXPERTS List of prominent climate experts you can reach out to Coming Soon! WHO IS WHO LIST One stop resource for content makers, climate advocates and journalists in identifying key players and contact within the energy sector and climate Learn More CLIMATE & ENERGY POLICY A reference to the current climate and energy policy outlook nationally and internationally Learn More GLOSSARY All you need to know jargons in energy and climate Learn More
- HUTAN-WRITING
HUTAN Press statement : Stop monoculture plantations in Permanent Forest Reserves Today, green NGOs of mostly youth-led, have spoken against big scale forest plantations in permanent forest reserves in Peninsular Malaysia, collectively demanding the reevaluation of the National Forest Policy. More Workshop on forest governance in Peninsula Malaysia Forest protection in Malaysia is even more critical in this 'recovery phase', and degazetting permanent forest reserves and converting it to thousands of hectares of forest plantation (including Musang King Durian which is a species not allowed under the EIA for cultivation) is not only irresponsible but maybe a good setting for corruption. More
- Addressing Climate Justice through Gender Justice
< Back Addressing Climate Justice through Gender Justice Written by: Durra Azlyana Date: 27 Sep 2021 This resource material is from a webinar organised during Global South Women's Forum on Sustainable Development #GSWF2021 on 16 September 2021. Grassroot Level Gender Injustices Women are already initially at a disadvantage , from financial to social constraints. In fact, given women’s various limitations (lack of access to land, credit, technologies as well as their unpaid work responsibilities --household duty and childcare), they are more vulnerable in the face of the climate crisis. This holds them down in constant poverty and further narrows their safety net. “The social pressure that restricts women to leave their household without their male relatives made them lose precious evacuation time waiting for their male relative to come and bring them to a safer place in Bangladesh” -Caroline Perez, Invisible Women book “Women have limited access to technology --hence they can’t access timely weather forecasts or information, and they lack independence in sources of income.” - Kripa Basnyat, Senior Atlantic Fellow for Social and Economic Equity “Women are already confined and concentrated in informal work, and are now slowly being pushed out without having proper social protection mechanisms, supporting them, or any form of safety nets for them.” -Kripa Basnyat Women are the most burdened by the impacts of climate change, from psychological distress of post-disaster impacts, to the escalation of domestic abuse in the shared disaster shelters. Women are continued to be excluded in rebuilding efforts , and climate disaster response planning, which exacerbates the existing gender inequalities. “In 2001, after an earthquake hit Gujarat, India, the rebuilding planning didn't include women in the discussion, hence they built houses without any kitchens.” -Caroline Perez , Invisible Women book Climate crisis aid kits don't include sanitary pads, feminine hygiene products and medications as a result of failing to include women in climate crisis emergency response. -Nadiah , KAMY “After Hurricane Katrina, it wasn’t long until lurid stories of violence, rapes and beatings, started circulating.” -Caroline Perez, Invisible Women book Gender Bias in Climate Leadership Women are easily targeted and intimidated in climate strikes and advocacies, especially Indigenous women. “Various constituencies are having a joint action one Wednesday afternoon during COP25 A Madrid, we were warned that it’s not an approved action and we are at risk of losing our badges, but we (WGC) participated anyway to show our solidarity. I saw T crying and people comforting her, seeing her cry breaks my heart, she must have been hurt from the Action, others were fine, but she was targeted by the security because she’s an indigenous woman.” -Amy, Women and Gender Constituency (WGC) “It is terrible to have violence and assaults against women at an international UN conference.” -Amy Amy was also a part of the Green Climate Fund - CSO Network, that advocates for grassroots CSO to have access to the funds, and do interventions to make sure that the projects being funded by the GCF aren’t affecting women, but most of the concerns being raised by the CSO are ignored. Escalating threats to women activists that need to be stopped. Sexual harassment threats being made to Shakila Zen, an environmental activist in Malaysia. Greta Thunberg receives misogynistic comments from men all over the world. Putting Women and Youth at the forefront of the narrative and closing the gender data gap. “ Gender focus needs to be an integral part of climate change policies and programmes so as to move towards the goal of achieving more equitable and sustainable development in the face of climate crisis.” -Kripa Basnyat “We must develop a framework on how to use and be open to disaggregated data as part of policymaking, introduce gender-responsive financial interventions and build networking documentation” -Nadiah “We need to raise our voice for the many women and girls that might be affected by the projects funded by the Green Climate Fund and we need grassroots level CSOs to have access to the funds.” -Amy “We need each other, as we complement one another with our different abilities and talents.” -Amy “Gender is a huge part of whose voices are there, ensuring that those marginalized are a part of these key conversations, whether it’s black women, indigenous women etc.” -Marisa Hutchinson Further reading Malaysia’s Floods of December 2021: Can Future Disasters be Avoided? 24 Apr 2022 1 min Summary Report of Voice and Visibility #CSW66 Parallel event 8 Apr 2022 8 min Floods of Klang 2 Apr 2022 3 min Climate Circle : IPCC Moment 5 Mac 2022 2 min
- Climate Litigation Globally and the lessons for Malaysia
< Back Climate Litigation Globally and the lessons for Malaysia Written by: Shaagita Raj Date: 11 Jan 2022 Climate litigation can be broadly defined to include lawsuits brought before administrative, judicial and other investigatory bodies, in domestic and international courts and organisations, that raise issues of law or fact regarding the science of climate change and climate change mitigation and adaptation efforts. Cases that are initiated as an activist strategy aimed at achieving climate action are known as ‘strategic’ cases which are now on the rise . A large number of strategic cases are brought against governments while a small but significant number of these strategic cases are targeted at corporations. Litigation that may weaken or undermine mitigation or adaptation efforts is also a growing phenomenon. This may include cases that have a direct intention to oppose climate action, or cases that may not have such opposition as their main objective but may nonetheless result in delays of climate action or policies. As a whole, climate litigation is predicted to increase globally to reflect the increasing urgency with which the climate crisis is viewed by the general public. Notre Affaire à Tous and Others v France [2021] Paris Administrative Court Category 1: Against Government On 18th of December 2018, Notre Affaire à Tous, in partnership with the Fondation pour la Nature et l’Homme, Greenpeace France and Oxfam France, initiated legal proceedings against the French state requiring the State to take necessary actions to reduce greenhouse gas emissions to keep global temperature increase under 1.5°C; reduce emissions to meet France’s own objectives as declared under several laws; adapt to the changing climate, and protect citizens’ lives and health from the risks of climate change. A petition of support was signed by more than 2 million people in just a few weeks. The organizations also requested that an injunction be issued against the Prime Minister and the competent ministers to adopt all necessary measures to put an end to the damage linked to the excess greenhouse gas emissions and to prevent this damage from worsening. In assessing the claim based on ecological damage, the Court in referring to the IPCC report, found that anthropogenic greenhouse gas emissions are the main cause of global warming causing ecological damage. In reviewing the obligation taken by the State under the UNFCCC, the Paris Agreement and the Environment Charter, the Court held that the State has chosen to subscribe to international commitments and, at the national level, to exercise its regulatory power, in particular by conducting a public policy to reduce greenhouse gas emissions emitted from the national territory. However, the Court dismissed claims that the government’s actions to improve energy efficiency or increase renewable energy have been insufficient to meet these general obligations. The Court referred to annual reports published in 2019 and 2020 by the High Council for the Climate which noted that "France's actions are not yet commensurate with the challenges and objectives it has set for itself" and thus found that the State must be regarded as having disregarded the first carbon budget and failed to carry out the actions that it had itself recognised as likely to reduce greenhouse gas emissions. Conclusion: The Court further found that the State must be held liable, for part of the ecological damage to the extent of the commitments which it had entered into and which it failed to comply with, in the context of the first carbon budget. The Court held that the State’s failure to meet its climate change commitments undermined the work of the petitioners and ordered the symbolic payment of one Euro to each petitioner as compensation for moral damages. However, the Court refused the petitioners’ request for compensation for ecological damage because the petitioners did not demonstrate the government could not rectify the ecological damage that is said to have been caused. D. G. Khan Cement Company Ltd. v Government of Punjab [2021] Supreme Court of Pakistan On 08.03.2018, the Industries, Commerce and Investment Department, Government of the Punjab issued a Notification amending a previous Notification from 17.09.2002 to the effect that establishment of new cement plants, and enlargement and expansion of existing cement plants shall not be allowed in the “Negative Area” falling within the Districts Chakwal and Khushab. DG Khan Cement Company, the Petitioner, challenged this Notification citing grounds, inter alia, that the Notification was issued without a detailed scientific study about underground water levels and the Notification infringed the petitioner’s right to freedom of trade, business and profession under Article 18 of the Constitution. The Court upheld the Notification and held that the Petitioner company is not allowed to enlarge the capacity of its existing cement plant till such time that the Negative Area subsists. In coming to its decision, the Court referred to various technical reports of the government and its consultants as well as foreign experts. The study which the government relied upon in concluding that permitting the establishment of new and expansion of existing cement plants would be prejudicial to public interest, found that installation of new cement plants/expansion of existing cement plants could cause further depletion of groundwater resulting in greater problems for the local people and especially for agriculture. The Court agreed with the rationality of the government’s decision. The Court also referred to a site inspection of the petitioner’s cement plant carried out which revealed that there are other issues besides water. It was reported that blasting and quarrying of raw materials caused dust pollution in the locality causing environmental damage; quarrying also threatened the local ecology of biodiversity rich area of Kallar Kahar; deforestation and erosion resulted from quarrying; and air emissions from the cement industry caused air pollution in the area. The Court applied the principle of in dubio pro natura i.e. “in cases of doubt, all matters before courts, administrative agencies, and other decision-makers shall be resolved in a way most likely to favour the protection and conservation of the environment, with preference to be given to alternatives that are least harmful to the environment.” The Court held that the government was obliged to act in-line with the principle of in dubio pro natura, till, inter alia, a detailed hydrogeological study assessing the potential of groundwater resources for industrial purposes of the project area is carried out. This approach is constitutionally compliant as the courts are to protect the fundamental rights of the public and in this case right to life, sustainability and dignity of the community surrounding the project remains paramount till such time that the government is of the view that the project has no adverse environmental effects. Conclusion: The Court made a landmark ruling by acknowledging the environmental rights of the future generation. The Court stated, “Another important dimension of climate change is intergenerational justice and the need for climate democracy. The tragedy is that tomorrow’s generations aren’t here to challenge this pillaging of their inheritance. The great silent majority of future generations is rendered powerless and needs a voice. This Court should be mindful that its decisions also adjudicate upon the rights of the future generations of this country.” Milieudefensie et al. v Royal Dutch Shell plc. [2021] The Hague District Court Category 2: Against Corporation (carbon major) Several NGOs, led by Milieudefensie brought a claim against Royal Dutch Shell (RDS), the top holding company of the Shell group. The basis of the claim is that, as the top holding company with responsibility for setting the Shell group’s corporate strategy, RDS owed the claimants a duty of care under the Dutch Civil Code to take steps to meet the 1.5°C cap on global warming set in the Paris Agreement. The claim is based on the question of whether or not RDS has the obligation to reduce CO2 emissions, at end 2030 by 45% relative to 2019 levels across all emission Scopes (1 to 3) of the Shell group’s entire energy portfolio through the corporate policy of the Shell group. The claimants adopted the human rights based arguments used in Urgenda v The Netherlands and sought to extend the principles to a private corporation. The claimants argued that RDS was bound by Dutch law to respect the claimants' human rights. In particular, the claimants relied on Article 2 (right to life) and Article 8 (right to a private and family life) of the ECHR. While acknowledging that international human rights instruments were not binding on RDS, the Court reasoned that human rights played a role in the relationship between Milieudefensie et al. and RDS and were therefore relevant in the court’s interpretation of the unwritten standard of care. The Court found that there is an “unwritten standard of care” from the Dutch Civil Code and held that human rights offer protection against the impacts of dangerous climate change and that companies must respect human rights. The Court accepted the principle derived from Urgenda v The Netherlands as authority that Art 2 and 8 ECHR offer protection against the consequences of dangerous climate change due to greenhouse gas emissions and held that the serious consequences of dangerous climate change pose a threat to the rights of Dutch residents. In addressing RDS’ reduction obligation, the Court relied on the UN Guiding Principles (UNGP) ‘soft law’ instrument which set out the responsibilities of states and businesses in relation to human rights. Although the Court acknowledged that the UNGP do not impose legally binding obligations, the Court reasoned that, due to their universally endorsed content, they were a suitable “guideline” for interpreting the unwritten standard of care. Conclusion: The Court ultimately concluded that RDS is obliged to reduce the CO2 emissions of the Shell group’s activities by net 45% at end 2030, relative to 2019, through the Shell group’s corporate policy. This reduction obligation relates to the Shell group’s entire energy portfolio and to the aggregate volume of all emissions (Scope 1 through to 3). The Court emphasized that RDS must take responsibility for the Shell group’s Scope 3 (end-user) emissions—especially where, as here, Shell had reported that the majority (85 percent) of its emissions were Scope 3 emissions. The Court stated that RDS is free to decide not to make new investments in explorations and fossil fuels, and to change the energy package offered by the Shell group, such as the reduction pathways require. In reviewing RDS’ policy intentions and ambitions for the Shell group, the Court criticised it for being rather intangible, undefined and non-binding plans for the long-term (2050). The Court found that RDS’ policy in monitoring developments in society and allowing states and other parties to take a pioneering role amounts to RDS disregarding its individual responsibility, which requires RDS to actively effectuate its reduction obligation through the Shell group’s corporate policy. What can Malaysia learn from these cases? Climate change litigation continues to grow in importance as a way of either advancing or delaying effective action on climate change. Litigation can be a strategic tool to hold governments and major emitters accountable for failing to adopt serious long-term strategies underpinned by concrete plans and short-term emissions reduction targets. The private sector and financial actors are also targets of litigation and there is more diversity in the arguments being used, incorporating, for example, themes of greenwashing and fiduciary duty. Civil societies play a role in initiating legal proceedings as stakeholders on behalf of society to advance climate action. Climate litigation is seen as a last resort because there are a number of factors that need to be considered which include time and cost. Further reading Malaysia’s Floods of December 2021: Can Future Disasters be Avoided? 24 Apr 2022 1 min Summary Report of Voice and Visibility #CSW66 Parallel event 8 Apr 2022 8 min Floods of Klang 2 Apr 2022 3 min Climate Circle : IPCC Moment 5 Mac 2022 2 min



