7/20/23, 1:12 PM

Four Indonesians file climate litigation against Holcim | HEKS

0Fight for global climate justice

Four Indonesians file climate litigation
against Holcim
1 February 2023 – The conciliation hearing in October 2022 concluded without results. Now, four residents of the Indonesianisland Pari, the existence of which is under threat, are taking the Swiss cement corporation to court. They are demanding
compensation for climate damages they have suffered, a financial contribution to flood-protection measures, as well as the rapid
reduction of Holcim’s CO2 emissions. For the first time, a Swiss company must answer for its role in contributing to climatechange in court. The world market leader in the cement branch is doing too little to reduce its emissions so that global warming
does not exceed 1.5 degrees – and its actions come too late. This is substantiated in a new analysis on Holcim’s climate strategy.

Pak Arif’s home, the Indonesian island Pari, was flooded on five separate occasions last year. Water had already forced its way into hishouse in winter 2021, causing major damage. “It gets worse every year,” says Arif. To the 52-year-old mechanic, the reason is clear:“Because of climate change, the sea levels are rising, and during storms, our flat island has become increasingly flooded.” This
threatens his livelihood, as well as those of all 1500 people living on Pari – even though they have done nothing to contribute to thewarming of the climate.
Arif, Asmania, Bobby and Edi are fighting back against this injustice. Last year in July, the four residents of Pari filed an application forconciliation in Zug, the location of Holcim’s headquarters. But, during the conciliation proceedings, Holcim made no indication that it
was willing to address their concerns. Therefore, on 30 January 2023, the four complainants filed a complaint against the corporation
on behalf of the entire island at the Cantonal Court of Zug. “Our existence is under threat,” says Asmania. “We want those responsible
to now finally take action.”

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Four Indonesians file climate litigation against Holcim | HEKS

The first climate litigation against a Swiss company
The complainants are demanding proportional compensation for climate damages they have suffered and for Holcim to contribute
financially to flood-protection measures. In addition, they are demanding that Holcim reduce its CO2 emissions by 43% by 2030 and by
69% by 2040 when compared to the company’s 2019 emissions. This would be in alignment with the target established in the Paris
Climate Agreement to limit global warming to 1.5 degrees. HEKS, the European Center for Constitutional and Human Rights (ECCHR)
and the Indonesian environmental organization WAHLI are supporting the complaint by the four Indonesians with the campaign “Callfor Climate Justice.”
The submission of the complaint from Indonesia heralds the first formal civil proceedings in Switzerland against a corporation for its
contribution to climate change. The four Indonesian complainants are suing for infringement on personality rights (ZGB 28) resulting
from past, ongoing and future excessive CO2 emissions on the part of Holcim, which have led and will lead to damages (OR 41) on theisland. Additionally, a study by the Global Climate Forum (in German only) now proves that the damages on Pari island are caused byglobal warming.

Too little too late
Holcim is the global leader in the manufacture of cement, the basic material of concrete, and one of the 50 largest emitters of CO2 outof all companies worldwide. In the production of cement, enormous quantities of CO2 are released. According to one study, between
1950 and 2021, the Swiss corporation released more than 7 million tons of CO2. That amounts to 0.42% of all global industrial CO2
emissions since the year 1750 – or more than double as much as all of Switzerland released during the same period of time.
Therefore, Holcim bears a significant share of the responsibility for the climate crisis and for the situation on Pari Island.
Holcim’s current climate targets are also far from sufficient in order to achieve the agreed upon goal of the Paris Climate Agreement tolimit global warming to 1.5 degrees. This is confirmed in an analysis on the current climate strategy of the corporation published byHEKS: Holcim is doing too little to reduce its emissions and began the process far too late. More concretely, Holcim is primarily
planning to reduce its emissions per ton of cement, instead of implementing an absolute reduction in its emissions. The methods ofthe Science Based Target initiative (SBTi), which assesses and validates Holcim’s climate targets, have also come under criticism. Thisis due to the fact that in the allocation of the remaining emissions-budget to individual actors, such methods only serve to reinforce
the status quo and do not take the historical responsibility and economic stature of polluting actors into consideration whatsoever.

An island demands justiceCall for Climate Justice
The inhabitants of Pari Island inIndonesia are experiencing climatechange first hand. Their homeland is slowly but surely sinking. Support theirfight for climate justice and sign their call.

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Four Indonesians file climate litigation against Holcim | HEKS

Standing up for millions of people
The complaint against Holcim is part of a worldwide movement, yet it is only the second climate litigationcase brought forward by affected people from the Global South. Furthermore, it is not only calling for Holcim
to assume historical responsibly but, also, future responsibility with the demand for the company to rapidly reduce its emissions. For
the complainants, this point is central: they are not filing their complaint only toreceive compensation for the personal damages they have suffered. With it, they also seek to contribute to preserving the livelihoodsof millions of people, primarily in the Global South, that are existentially threatenedby climate change.

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