Asmania et al. vs Holcim

Summary:

Four inhabitants of the Indonesian island of Pari have sued Swiss-based major buildings materials company Holcim (from 2015 to 2021: Lafarge Holcim). In July 2022, they filed a request for conciliation before the Justice of the Peace of the Canton of Zug, Switzerland. This is a necessary step required by the Swiss Civil Procedure Code.
The plaintiffs are supported by three NGOs: HEKS/EPER (Switzerland), the European Center for Constitutional and European Rights (ECCHR) and WALHI (Indonesia).
The plaintiffs request:
• proportional compensation for climate change-related damages on Pari
• reduction of CO2 emissions by 43 % by 2030, compared to 2019 levels (or according to findings of climate science in order to limit global warming to 1.5°C)
• financial contribution to adaptation measures on Pari
The claim can be seen as novel and unprecedented as it combines two approaches: reduction of GHGs and compensation.

Note: Case documents are currently not available - the information presented here is based on media releases of the NGOs that support the plaintiffs. More detailed information is not available at this time.

On February 1, 2023, Asmania Pujianto and three other plaintiffs on Pari announced that they had formally lodged a lawsuit against the Swiss-based cement producer Holcim for its alleged role in the climate crisis. The lawsuit was lodged after the request for conciliation failed, with with no agreement reached. Supported by the Indonesian Forum for the Environment (WALHI), Swiss Church Aid (HEKS) and the European Center for Constitutional and Human Rights, the plaintiffs are demanding that Holcim, the world’s largest manufacturer of building materials, reduce its carbon dioxide emissions by 43 percent by 2030. They are also demanding the company co-finance adaptation measures on Pari such as mangrove plantations and, significantly, that it pays “loss and damage” for its role in the climate crisis. The Pari claimants are seeking a total of 14,700 Swiss francs ($16,000), about $4,000 each, which has been calculated as proportional to Holcim’s contribution to overall climate damage.

At Issue: Civil liability of major GHG emitter for climate change-related damages suffered in a different jurisdiction; financing of anti-flooding measures; GHG emissions reductions