Advisory Opinion oleh Wamenlu RI Arif Havas Oegroseno pada ICJ, Den Haag, 5 Desember 2024

Summary

In this statement before the court, Indonesia discusses its position on climate change and the obligations of states in mitigating its effects. Highlighting the urgency of climate action, Indonesia emphasizes the importance of international cooperation, financial resources, and the transfer of technologies to address climate change impacts. The country stresses the need for developed nations to assist developing countries, especially in terms of adaptation and mitigation efforts. Indonesia also touches on the connection between human rights and environmental protection while reinforcing that climate obligations should be seen through the lens of equity and differentiated responsibilities.

Takeaways

• 😀 Climate change is one of the greatest environmental challenges, recognized as urgent and multifaceted, impacting ecosystems, economies, and human societies globally.
• 😀 Indonesia stresses the importance of international cooperation to address climate change, including improving access to financial resources, technology transfer, and capacity building, especially for vulnerable regions.
• 😀 The United Nations Convention on the Law of the Sea (UNCLOS) obligates states to protect the marine environment, which includes addressing climate change impacts, particularly through reducing greenhouse gas emissions.
• 😀 The Paris Agreement, although not explicitly mentioning the ocean, urges states to take action through Nationally Determined Contributions (NDCs) and aligns countries' efforts towards climate resilience and emission reduction.
• 😀 Indonesia is actively implementing various climate measures, including transitioning to clean energy, reducing deforestation, and addressing marine pollution, but faces significant financial challenges in meeting climate goals.
• 😀 The Paris Agreement's financial commitments, such as climate finance and technology transfer, have been insufficient, and developed countries need to fulfill their obligations to support developing countries in achieving climate goals.
• 😀 Indonesia highlights the need for stronger international cooperation in addressing financial and technical gaps for developing nations, with a particular focus on climate adaptation and mitigation efforts.
• 😀 While there is a growing recognition of the connection between human rights and environmental protection, Indonesia argues that existing human rights instruments do not directly address climate change or the protection of the climate system.
• 😀 Indonesia emphasizes the importance of equity and common but differentiated responsibilities in addressing climate change, with developed nations taking the lead in reducing emissions and supporting developing countries.
• 😀 The advisory opinion requested by Indonesia seeks clarification within the existing international legal framework, including the Paris Agreement, and aims to provide guidance for future global climate governance.

Q & A

What is the primary environmental challenge discussed in the transcript?

The primary environmental challenge discussed is climate change, which is described as one of the greatest and most urgent challenges facing humanity.

How does Indonesia view the role of international cooperation in addressing climate change?

Indonesia emphasizes the importance of international cooperation, particularly financial support, technology transfer, and capacity-building, to help vulnerable regions and groups cope with climate change impacts.

What legal instruments are referenced in the statement, and how do they relate to climate change?

The legal instruments referenced include the United Nations Convention on the Law of the Sea (UNCLOS, 1982), the Paris Agreement (2015), and various human rights treaties. These instruments obligate states to take action to protect the environment, reduce emissions, and support vulnerable nations in addressing climate change.

How does the speaker connect climate change and marine environmental protection?

The speaker highlights that UNCLOS Article 192 obligates states to protect the marine environment, which includes addressing anthropogenic greenhouse gas emissions that contribute to climate change and harm marine ecosystems.

What specific impacts of climate change are Indonesia facing?

Indonesia is facing rising sea levels, which threaten coastal and low-lying areas. These impacts include flooding, damage to infrastructure, disruption of livelihoods, and displacement of millions of people.

What actions has Indonesia taken to combat climate change domestically?

Indonesia has reduced fossil fuel consumption, transitioned to clean energy, implemented a Net Zero emission roadmap for 2060, reduced marine plastic debris, and enacted a moratorium on clearing forests and peatlands, leading to a reduction in deforestation.

How does Indonesia view the financial obligations of developed countries under the Paris Agreement?

Indonesia believes that developed countries should lead in reducing emissions and provide financial support, technology transfer, and capacity-building to assist developing countries, especially in addressing climate change mitigation and adaptation.

What is Indonesia's stance on the legal obligations of states under human rights law in relation to climate change?

Indonesia acknowledges the general connection between environmental protection and human rights but notes that current human rights treaties do not specifically address climate change or the protection of the climate system. Human rights obligations, where they exist, should apply at the national level within each state's territory.

What financial challenges does Indonesia face in addressing climate change?

Indonesia faces a significant financial gap in addressing climate change, requiring $281 billion from 2015 to 2030, with the national budget only covering 18% of the required amount. External financing is essential to meet these needs.

What does Indonesia propose as a way forward in terms of international cooperation on climate change?

Indonesia urges the court to interpret international climate law with an emphasis on equity and differentiated responsibilities, recognizing the different levels of development, geographical circumstances, and vulnerabilities of states, especially least developed and vulnerable countries.