Environmental and human rights groups are taking the government to court for violating the Climate Act

In 2022, strong science-based climate targets were included in the Finnish Climate Act. They enjoy broad social support and were approved by a clear majority in Parliament. The objectives of the Climate Act have also received international recognition.

However, Finland will not achieve the objectives of the Climate Act with its current and planned actions. Nevertheless, Orpo’s government has not taken the measures required by the Climate Act to rectify the situation. In June 2023, the Supreme Administrative Court ruled that it may, under certain conditions, interfere with the Government’s passivity regarding climate. In their complaint, the organisations demand that the Government take additional measures quickly to achieve the objectives of the Climate Act.

The appeal has been filed with the Supreme Administrative Court by the Finnish Association for Nature Conservation, Greenpeace, Amnesty International Finland, Climate Grandparents, the Finnish Nature League and Suoma Sámi Nuorat – Sámi Youth of Finland.

“We have been waiting over two years for the Government to take action to save carbon sinks. We have a wealth of studies and statistics based on which decisions could have been made regarding further measures to achieve the climate targets. However, we have not had these decisions. The sink measures planned by the Government fall far short of the obligations under the Climate Act and demanded by the urgency of the situation,” says Hanna Aho, Climate Expert at the Finnish Association for Nature Conservation.

“Finland has an internationally renowned climate law that we can be proud of. Now, the law must be obeyed. The Government’s passivity, circumvention of legal obligations, following an outdated climate plan for land use and forestry, and cancellation of measures already agreed all violate the Climate Act. We want Finland to be a country that shows how challenges can be overcome and agreed climate targets successfully achieved,” says Kaisa Kosonen, Greenpeace Climate Expert.

The Government must ensure the realisation of fundamental and human rights

Insufficient climate action by states jeopardises the realisation of many fundamental and human rights, such as the right to life, health and a clean, healthy and sustainable environment. The organisations point out that states have an obligation to ensure the realisation of fundamental and human rights through adequate and timely climate action. The European Court of Human Rights issued a groundbreaking ruling on states’ climate obligations in April 2024, and this appeal is the first national case to be affected by that ruling.

“The government’s reluctance to act in the face of the climate crisis threatens human rights. Climate change exacerbates inequality and affects countries, people, and communities that are already among the most vulnerable. The rights of indigenous peoples, children and other vulnerable people are particularly at risk,” says Elina Mikola, Climate and Environment Specialist at Amnesty International Finland.

The Government’s inadequate climate action poses a particular threat to the realisation of the rights of children and future generations, which are enshrined in the Constitution of Finland and the UN Convention on the Rights of the Child.

“Adults make decisions about a future they will never experience. We want future generations to be able to sledge, skate on natural ice and live in a world where climate change is under control. That is why it is important that Finland does its part,” says Riku Eskelinen, Executive Director of the Finnish Nature Federation.

“The historic victory of Swiss pensioners in the European Court of Human Rights shows why seniors are active. Finland must take the Court’s ruling seriously. Decision-makers need intergenerational responsibility so that children’s environmental rights can be realised, as proposed by the UN Committee on the Rights of the Child,” says Matti Nummelin, Secretary of Climate Grandparents.

As an indigenous people, the Sámi are particularly vulnerable as the Arctic regions are heating up rapidly. In Finland, global warming strongly impacts the traditional livelihoods of the Sámi and thus on Sámi culture. The Government’s inadequate climate action and neglect of the special position of the Saami people in the preparation of policy measures in the land use sector violate the rights guaranteed to the Saami people by the Constitution and the Climate Act.

“The government’s reluctance and outright indifference to climate action has a negative impact on the lives of Sámi youth and prevents us from influencing future development,” says Lotta Hagelin, a member of the Sámi Youth Board of Finland.

“The Sámi livelihoods are based on land and nature, and they are not just work but a way of life, part of our identity and a prerequisite for the continuation of culture. We demand that the laws protecting the rights of the Sámi are followed,” says Deputy Board Member Helmi Ljetoff.

Endangering climate objectives obliges us to act

The Climate Act, revised in 2022, includes objectives and responsibilities for planning climate policy and monitoring its implementation. According to the Climate Act, the Government must decide on additional measures and amend climate policy plans if the objectives of the Act are not achieved. The Climate Act requires Finland to be carbon neutral by 2035 at the latest and carbon negative thereafter. The Act also includes an objective to strengthen carbon sinks.

With current measures, Finland will not achieve the objectives of the Climate Act or the EU Carbon Sink Regulation (LULUCF). This is evident from the annual climate reports for 2023 and 2024, prepared by the Ministry of the Environment. The additional measures planned by the Government do not correspond to the obligations and need for additional measures under the Climate Act. In addition, the Government has cancelled measures already included in the current climate policy plans. There are no plans to update the climate policy tool, the climate plan for the land use sector, which is most important regarding sink collapse, even though it is outdated and inadequate in many respects.

In the past, Finnish case law has not, as a rule, been able to complain about the passivity of decision-makers. However, the Supreme Administrative Court stated in June 2023 that an appeal against the Government’s inaction on the climate issue could succeed in court in the following situations: The Government’s actions would lead to an outcome contrary to the Climate Act or the Government’s actions would demonstrate that it does not intend to take sufficient measures to achieve the objectives and obligations of the Climate Act within a sufficiently fast schedule. The organisations believe that this threshold has now been crossed. The Government’s conduct is contrary to the Climate Act, and the situation at hand is outlined by the Supreme Administrative Court.

In April 2024, the European Court of Human Rights ruled on the so-called ‘Klimaseniorinnen vs. Switzerland’ precedent that climate change mitigation is one of the state’s responsibilities to protect human rights. For States that have signed the European Convention on Human Rights (ECHR), including Finland, this implies a positive obligation to provide the necessary regulation and to take adequate and timely action to mitigate climate change, ensure effective implementation of the objectives set and safeguard the human rights guaranteed by Article 8 ECHR. The court decision also emphasised the need for environmental organisations to monitor climate change mitigation as a matter of common concern for all mankind and the need to promote the sharing of responsibilities between generations.

The appeal was filed with the Supreme Administrative Court of Finland on 2.8.2024 by the Finnish Association for Nature Conservation, Greenpeace, Amnesty International Finland, Climate Grandparents, the Finnish Nature League and Suoma Sámi Nuorat – Sámi Youth of Finland.

Original: Ympäristö- ja ihmisoikeusjärjestöt vievät hallituksen oikeuteen ilmastolain rikkomisesta