Environmental lawsuit about corporate responsibility for climate change effects in Perú reaches a decisive phase

Environmental lawsuit about corporate responsibility for climate change effects in Perú reaches a decisive phase
Photo by Patricio Trincado Vera via Dall-e

30-08-2022

Patricio Trincado Vera

International Justice and Human Rights Researcher

Global Human Rights Defence

Should the bigger contributors to climate change be responsible for the adverse consequences it produces in the Global South? Saúl Luciano Lliuya, a Peruvian farmer and mountain guide, and the NGO Germanwatch think that the answer is yes. 

Mr. Lliuya lives with his family in the town of Huaraz in the northern Peruvian Andes mountains near the lake Palcacocha. Through the years he has witnessed the melting of the glaciers of Cordillera Blanca, which could cause an overflowing of the lake with devastating consequences for the 55 thousand inhabitants of Huaraz. Flowing related disasters in the region are not unknown to the locals. In 1941, as a consequence of an earthquake a chunk of the glaciar fell into the lake causing a flood with thousands of victims in the nearby areas. However, now the risk is caused by an artificial phenomenon: climate change.

RWE is a multinational german electric company that is the biggest CO2 emitter of Europe. According to some studies, since the Industrial Revolution RWE has been responsible for 0,5% of global carbon dioxide emissions. Because of this relevant contribution to climate change, and despite not having operations in Perú, Mr. Lliuya began a lawsuit against the multinational with the help of the NGO Germanwatch before a German court in 2015. The plaintiff demands payments for safety works, such as the draining of  lake Palcacocha to safe levels, and the building of dams. After a delay due to the Covid pandemic, the lawsuit finally reached to phase six in late May 2022: a judge of the Higher Regional Court of Hamm travelled to Huaraz in company of advisors and experts to conduct a site visit. 

The case of Huaraz is an example of how climate change causes more inequality. Even though Global North countries are responsible for 92% of excess emissions, climate change adverse consequences disproportionately affect the Global South. People from these regions have very limited options to seek redress for the damages caused by this crisis. This case could set an important precedent for environmental victims who, like Mr. Lliuya, are looking to hold companies responsible for their contribution to the climate change.



Sources and Further Reading:

Pardikar, R. (2020, October 28). Global North Is Responsible for 92% of Excess Emissions. Eos. Retrieved August 30, 2022, from https://eos.org/articles/global-north-is-responsible-for-92-of-excess-emissions 

Germanwatch. (2022, May 27). Climate lawsuit against RWE in decisive phase: On-site meeting with experts in Peru concluded. Germanwatch. Retrieved August 30, 2022, from https://www.germanwatch.org/en/85437 

Germanwatch. (2015, March 16). Melting glaciers: Peruvian requests German utility RWE to pay for protective measures. Germanwatch. Retrieved August 30, 2022, from https://www.germanwatch.org/en/10002 

Deutsche Welle. (2015, November 27). La historia del peruano Saúl Luciano Lliuya, un David andino que lucha contra un Goliat energético. América Economía. Retrieved August 30, 2022, from https://www.americaeconomia.com/negocios-industrias/la-historia-del-peruano-saul-luciano-lliuya-un-david-andino-que-lucha-contra-un- 

Arroyo, L. (2022, August 23). Saúl contra RWE: un campesino peruano se enfrenta a una multinacional alemana por el cambio climático. El País. Retrieved August 30, 2022, from https://elpais.com/america-futura/2022-08-23/saul-contra-rwe-un-campesino-peruano-se-enfrenta-a-una-multinacional-alemana-por-el-cambio-climatico.html