MALAYSIANS are certainly not litigious by western standards. But the damage being caused by climate change is, well, changing that. A few cases have already made it to the courts. One such is the suit filed by 50 residents in Taman Sri Muda, Shah Alam, against the government and nine others. They are seeking more than RM3.7 million in damages over the devastating floods there last December. Kuala Lumpur and Klang are promising to head Shah Alam's way.
The government can't afford to dismiss these cases as frivolous because it will be politically unwise and legally foolish. Here is why. Begin with unwise politics. People want a government that cares, not one that absents itself when disasters strike. And disasters now come with vengeance unknown before mostly because people who are supposed to prevent disasters from happening help to cause them. Worse still, they are quick to label them "natural" disasters. It is only natural to them, not to the people.
Care more, we tell these politicians. Voters don't just vote for candidates. They vote for compassion, too.
Now for being legally foolish. Granted Malaysia has its own legal regime, but common law remains a strong foundation. Australia, home to common law, has begun pointing the way in Sister Marie Brigid Arthur vs Minister for the Environment, a case that reached the Federal Court last year.
There, eight children sued the minister through their litigation representative to put a stop to a coal project arguing a common law duty of care first advanced in England. The court had no difficulty in concluding that the minister owed a duty to keep all Australians from harm's way caused by climate change.
Malaysian courts have followed similar legal precedents before. There is another reason for the government to be cautious. Judges may or may not admit it, but judicial activism in climate change is not unknown. There is no reason why Malaysian judges should be any different, so long as they stay within the four corners of justice.
The trick is for the government to govern well. Here is how. Start with transparency. Everyone of the 34 million Malaysians feel the impact of climate change in one form or another, but almost all don't know what the government is doing about climate change.
We often read about Malaysian officials flying in and out of climate conferences, but what gets discussed there and what they bring home to do remains a mystery. This is not the way to get people to change their behaviour to a more climate-friendly one.
Let's be blunt. There are just too many climate-unfriendly Malaysians around, from policy-pushers in Putrajaya downwards. A transparent government that lays out the climate dangers Malaysians face will help change our errant behaviours. Start with how warm Malaysia is relative to pre-industrial levels. We know the world is 1.3°C warmer and many more adverse effects of climate change elsewhere, but many blanks remain to be filled at home. Policies need to change, too.
No more "flashy shovel-ready initiatives", to borrow a phrase from one NST columnist. They sure make good political visuals, but Malaysians can see through them. Climate change may have been a remote threat for the 14 or so governments that went before. For the 15th government, climate change is a clear and present danger. It must treat it so.