Swiss Court Affirms Indonesian Fishermen's Right to Sue Holcim

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TEMPO.CO, Jakarta - A court in the Swiss canton of Zug has rejected a procedural objection filed by building materials giant Holcim in a climate lawsuit brought by four fishermen from Pari Island, a small island off Jakarta in Indonesia’s Kepulauan Seribu archipelago.

The ruling, announced on December 22, 2025, allows the case to proceed on its merits.

The decision marks a significant step in one of the few transnational climate lawsuits filed by communities in the Global South against a major multinational corporation headquartered in Europe.

Holcim had argued that climate protection issues should be addressed through political and policy processes rather than the courts.

The Zug Cantonal Court dismissed this argument, ruling that judicial review can complement government climate policies rather than replace them.

According to the Indonesian Forum for the Environment (Walhi), the panel of judges affirmed that the plaintiffs’ claims were admissible and that the court had jurisdiction to hear them.

“This decision reaffirms the role of the judiciary in responding to the impacts of the climate crisis,” said Walhi Executive Director Boy Jerry Even Sembiring in a written statement on Friday, December 26, 2025.

Claims Linked to Climate Impacts on Pari Island

The lawsuit was filed in January 2023 by four Pari Island residents, Asmania, Arif, Edi, and Bobby, all of whom depend on fishing and coastal livelihoods. They argue that Holcim, one of the world’s largest cement producers and carbon emitters, bears partial responsibility for climate impacts threatening their island.

The plaintiffs are seeking compensation for climate-related losses, financial support for flood protection measures, and a rapid reduction in Holcim’s carbon dioxide emissions.

Walhi said the court explicitly recognized that the case concerns not only Swiss climate policy in general, but also the specific and urgent demands of a community already experiencing climate damage.

Judges Reject “Inevitable Sinking” Argument

The court also dismissed Holcim’s claim that Pari Island would sink regardless of emissions reductions, emphasizing that every effort to reduce greenhouse gas emissions remains relevant in limiting climate harm.

Judges further rejected the argument that Holcim’s emissions cuts would be meaningless if other companies continued polluting. According to the ruling, harmful conduct cannot be justified simply because others engage in similar behavior.

“This strengthens the principle of responsibility in climate cases,” Jerry said, adding that the decision brings the plaintiffs closer to securing protection for their island’s future.

Climate Justice and Fair Burden-Sharing

Walhi said the ruling reinforces the concept of fair burden-sharing in the climate crisis, where those most responsible for global emissions should bear the costs, rather than vulnerable communities.

The court’s decision, Jerry added, affirms that individuals and communities have the right to seek legal protection for climate-related harm through the courts, setting an important precedent for climate victims worldwide.

The first hearing in the case took place in September 2024. During a virtual conference in July 2024, plaintiff Asmania called on Holcim to cut its emissions by 69 percent by 2030 and to contribute to adaptation and loss-and-damage funding.

She said emissions from multinational “carbon major” companies have damaged fish farming, seaweed cultivation, and tourism on Pari Island. In recent years, the island has experienced increasingly frequent tidal flooding, leading to economic losses as visitors cancel trips due to extreme weather.

Walhi said the Zug court’s decision aligns with a growing international trend in which courts increasingly recognize climate change as a legal issue and hold major emitters accountable.

While the ruling is not final and may still be appealed, Walhi noted that it significantly narrows the space for corporations to avoid climate responsibility through procedural challenges.

“Even at this stage, the decision strengthens the global climate justice movement,” Jerry said.

Irsyan Hasyim contributed to the writing of this article.

Read: A Lesson in Climate Science Behind the Devastation Across Sumatra

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