By Katalina Siasau
Tonga's Attorney Genera,l Hon. Linda Simiki Folaumoetu‘i, at the International Court of Justice, in The Hague, Netherlands, called for States “to take collective transformational and cooperative action to mitigate climate change for the benefit for both present and future generations,” when she presented oral statements, during an initiative led by the Republic of Vanuatu in December.
“This court's advisory opinion can play an instrumental role in achieving this," she said on 12 December, at the Peace Palace in The Hague.
The proceeding aims to clarify the obligations of all states under international law in respect of climate change.
The International Court of Justice heard oral statements from Tonga and 97 other states and twelve international organizations, from 2 - 13 December. This initiative was led by the Republic of Vanuatu.
The Tonga delegation led by Attorney General included Ms. Madeleine Lavemai (Assistant Crown Counsel), Mr. Siosiua Veikune(campaigner for Pacific Island Students Fighting Climate Change) and external counsels from DLA Piper, Ms. Gitanjali Bajaj, Mr. Stephen Webb and their legal team.
In presenting Tonga’s oral statement, he Attorney General Hon. Folaumoetu‘i said. "Today, I stand before you once again, seeking a solution under international law, to protect and preserve the Kingdom of Tonga, due to existential threat caused by climate change, and its impacts. We are living in unprecedented times, with increasing global emissions, extreme weather events, and rising sea levels, putting a strain on our country and its resources. Despite Tonga’s negligible contribution to the climate crisis, it is now, the third most vulnerable nation in the world to the effects of climate change. Each year, Tonga grapples with the intensifying consequences of climate change, threatening and impacting our economy, our food security, and our population’s wellbeing."
In recent years, Tonga had suffered increasingly severe storms, causing widespread damage to basic public infrastructure, livelihood, and living facilities.
In 2018, TC Gita impacted 80% of Tonga's population through the destruction of buildings, crops and, infrastructure resulting in USD$165 million in damage being approximately one-third of Tonga's GDP.
"We are united by the crisis that we face, but divided in how we should address it."
Hon. Folaumoetu‘i pleaded with the ICJ President and Vice President, and members of the court, "Please consider this appearance as a last and final resort in the hope that an advisory opinion will drive all states to meet and exceed the commitments made in order to alter the detrimental course in which we are heading. Commitments need to be transformational for all our sakes and for the sake of my country, the Kingdom of Tonga, the people of Tonga, and the future generations."
This initiative was pushed for by the youth group Pacific Island Students Fighting Climate Change.
The International Court of Justice opinion is expected to be delivered in 2025.
