Ramatoulaye Ba Faye, ambassador of Senegal in the Netherlands, gives testimony at the ICJ. Credit: Joyce Chimbi/IPS
By Joyce Chimbi
THE HAGUE & NAIROBI, Dec 11 2024 – The Seychelles consider the ongoing public hearings at the International Court of Justice (ICJ) both timely and critical “for the people of the small island developing state in the middle of the Indian Ocean,” Flavien Joubert, Minister for Agriculture, Climate Change and Environment of the Seychelles, told the court today.
With a population of only 100,000, a territory that is 99.99 percent ocean and 0.01 percent land. Seychelles was first settled by French colonists and African slaves in the 18th century.
“We are today a proud Creole people, with big aspirations gathered from the five corners of this earth We are considered one of the most successful examples of racial integration, living in one of the most exotic spots in the world, with majestic mountains, green forests, pristine beaches, and a clear blue sea. But we face special vulnerabilities to climate change.”
Joubert made Seychelle’s submissions at the ongoing ICJ public hearings, where climate-vulnerable nations continue to make statements to demonstrate violations of the right to self-determination, human rights and historical polluter States’ legal responsibilities. The public hearings started on December 2, 2024 and will conclude on Friday, December 13.
Unjust, Unfair Consequences of Massive Emissions—Seychelles
He spoke of what was at stake in the Seychelles, home to 115 islands and two UNESCO World Heritage sites. He said the small island state was significantly impacted by the consequences of the massive anthropogenic emissions of greenhouse gases, despite contributing less than 0.003 percent of the world’s cumulative emissions.
“This is unfair. This is unjust. We ask the Court to consider that the loss of ecosystems within the multiple island states scattered throughout our oceans will irreversibly and negatively impact the entire world’s ecosystem. Seychelles expects that this Court’s advisory opinion will ensure that states are reminded of their obligations and are held accountable for their actions and their inactions,” Joubert said.
“We pray the court to duly confirm that, as already clarified by the International Tribunal for the Law of the Sea in relation to the United Nations Convention on the Law of the Sea (UNCLOS), States have a legal obligation to take urgent action to limit global warming to 1.5 degrees Celsius above pre-industrial levels. This is essential for the very survival of small island states like the Seychelles.”
Precautionary Principal Crucial—Senegal
In her submissions today, Ramatoulaye Ba Faye, ambassador of Senegal in the Netherlands, highlighted the precautionary principle that enables decision-makers to adopt precautionary measures when scientific evidence about an environmental or human health hazard is uncertain and the stakes are high.
“It may then lead states to not delay the adoption of measures to mitigate serious or irreversible damage to the environment,” she said, adding that the “principle is upgraded into a legally binding obligation incumbent on all states in a number of international conventions.”
Faye raised concerns that in some international courtrooms, the precautionary principle had not always been seen as a legal obligation.
“However, we feel the scope and urgency of the climate threat should help us overcome this reluctance. We feel we are indeed faced with a textbook example of a need to change the law to adapt to new circumstances fraught with danger.”
Marwan A. M. Khier, Chargé d’affaires, Embassy of the Republic of the Sudan in the Netherlands, told the ICJ that Sudan is among the nations most severely affected by the adverse consequences of climate change. The country had experienced several natural disasters, including unprecedented floods and torrential rains that have caused imminent damage to livelihoods, infrastructure, and lives.
“Date crops vital for local subsistence have been destroyed,” Khier said. He elaborated on the impact on the Nile, Red Sea, and Qasr which had been devastated by unusual flooding, turning parts of these regions into disaster zones with significant loss of lives and livelihoods.
“Furthermore, rising temperatures, droughts, land degradation, and water scarcity have worsened food shortages and forced widespread displacement,” Khier said.
Conflict Driven By Climate Change—Sudan
Stressing that the Darfur crisis in Sudan, which began in 2003, is closely linked to climate change. Prolonged droughts and reduced rainfall have made access to water and arable land increasingly scarce, leading to conflicts among communities competing for limited resources. The resulting food and income shortage has aggravated tensions, exacerbating the conflict. Many people have been forced to leave their homes and endure challenging conditions in camps.
“Aligning with the voice of the African continent and the least developed countries, Sudan calls for the urgent and effective implementation of the Paris Agreement. However, ongoing economic and political sanctions that restrict access to bilateral climate finance—a critical source of funding for climate action in developing nations—have left Sudan increasingly vulnerable to the impacts of climate change. Despite these challenges, Sudan remains actively engaged in global, regional and national efforts to fight climate change,” Khier emphasised.
He said Sudan holds great hope for the success of the Paris Agreement despite the significant challenges it faces and called for the necessary financial support to implement national climate-related projects. Moreover, Sudan has urged developed nations to fulfill their financial commitments and transfer technologies to enhance international cooperation in addressing climate change, particularly for the most vulnerable countries.
“My country co-sponsored General Assembly Resolution No. 77-276 and supported the request for the advisory opinion that led to these proceedings. We believe that the court’s opinion could significantly contribute to the legal perspective on addressing the global issue of climate change,” Khier said.
Cristelle Pratt, Assistant Secretary-General for Environment and Climate Action for the Organization of African Caribbean and Pacific States (OACPS), stressed in a statement that ongoing public hearings should be considered a landmark, as presentations from its members representing some of the world’s most climate-vulnerable countries across African, Caribbean and Pacific regions painted a picture of climate catastrophe and the violation of international laws.
Pratt lauded OACPS members, noting they were relatively new states and with many sharing “colonial histories with the major historical polluters.”
She continued that it was the first time for many to appear before the ICJ to advocate for their rights, with some members making very compelling arguments that this fight for climate justice was a fight “once again for their self-determination.”
IPS UN Bureau Report
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