Australian-Tuvaluan-Union: A Widely Underestimated Change of Perspective

brown wooden boat on beach during daytime

30 November 2023 – by Robert Los

The Australia-Tuvalu Falepili Union Treaty, signed on the 9th of November, was groundbreaking in nature as an intergovernmental agreement with a clear substantive reference to the issue of potential climate migration. While it was generally well received by the international public and experts, despite not inconsiderable criticism of the lack of depth of coverage, the discussion is largely determined by the voices of experts from around the world. The voices of those affected on the ground, for whom this agreement aims to create a pathway, are somewhat lost in public perception. But listening to the voices of the locals and perceiving their view of things is fundamental to assessing the actual effectiveness of the treaty and identifying possible areas of tension between the assessments made during negotiations and the situation on the ground.

The scientists Taukiei Kitara and Carol Farbotko, who were born on the island or have been researching there for 20 years respectively, sought to provide this change of perspective when they captured the local prevailing sentiment in the wake of the treaty signing. A perspective even more important because it played no role in the conclusion of the treaty since the local population wasn’t consulted. Considering this, it is not entirely surprising that the two academics paint a somewhat different picture of the perception of the treaty than most of the international press does.

While the Treaty is locally acknowledged, it doesn’t feel groundbreaking on the Islands as the locals are not seeing the specialty, the novelty that the treaty promises to provide as climate change, climate change adaption and migration is widely prominent among the social issues for the last decades. The people are aware of the risks and a vast majority have thought very carefully about the potential need to relocate. But although most support the idea of others moving abroad, hardly anyone lists concerns about climate change as a reason for such a decision. Other motives like work or educational opportunities are prevailing. 

Another dominating phenomenon is the desire to stay, the desire to acquire knowledge and skills to protect the country from climate change. The Tuvaluan government shares this general attitude as it is committed to its policy of no resettlement unless necessary. Furthermore, it is preparing the ground for these shared efforts to be successful when it continues to invest in land reclamation projects, one of them designing the capital Funafuti to withstand the worst-case-sea level rise scenarios. The national belief in championing this upcoming challenge is backed by academia as research indicates that, with adaptation measures, the habitability of atolls can continue into the 21st century, despite rising sea levels.

In the light of this national spirit Kitara and Farbotko interpret the treaty in a new way – through a lens cleansed of the Damocles sword that is the pending climate migration crisis. In the eyes of the local academics the treaty is “simply another way in which Tuvaluan people can diversify their livelihood options and access more resources for tackling climate change, such as by increased remittances and the gaining of skills through increased education and training opportunities.” This perspective suggests that the agreement is ultimately just a continuation and extension of decade long known labor migration flows into the Australian and New Zealand labor markets. This makes the lack of novelty for the Tuvaluan people not only understandable but also comprehensible. 

Especially when you consider that it is a very externally driven debate to begin with and the treaty does nothing but once again impose externally determined definitions, regimes, rules and facts that undermine joint efforts. While the treaty contains considerable rhetoric around respecting sovereignty, it quite clearly erodes Tuvalu’s sovereignty on issues of national security with passages such as “[Tuvalu must] mutually agree with Australia any partnership, arrangement or engagement with any other State or entity on security and defence-related matters.” This is contrary of what the Tuvaluan people argued and fought for over the last year. They have been calling for protection of their sovereignty in the face of climate change-induced rising sea levels. And they have been rejecting the idea of being “climate migrants” – partly because of the prevailing national spirit of keeping their homelands safe and partly because of the worries that this might lead to discrimination in places that might be considered a new home. However, the agreement undermines this sovereignty and the efforts of the local population, which furthermore classifies them as climate migrants. The academics are therefore not wrong to point out that the agreement is not a step ahead from the point of view of the local population, but a step into a new uncertain future that brings with it new questions. And what it certainly does not provide secured and profound climate justice.

All the more so as there is a big question mark over the feasibility of the solutions proposed in view of Australia’s domestic political problems – whether the housing affordability crisis will provide enough living and housing space for people arriving, whether Australia will continue to commit to their climate change reduction goals and the one questions that will be inherent in every considered migration “what kind of hardship will await us at the end of our journey?”

What Does the World’s First Bilateral Climate Mobility Treaty Mean for Tuvalu? 

a flag on a pole

15 November 2023 – by Yumna Kamel 

On 10 November 2023, Australia and Tuvalu signed the Falepili Union treaty, and made history.  

To fully appreciate and evaluate the groundbreaking nature of this initiative, two key contextual points need to be considered at the outset. First, Pacific Island states (Tuvalu included) collectively contribute less than 1% of global emissions, and yet they have borne what is arguably the largest burden of the changing climate for decades. Most concerningly, the losses of land, culture, and existence itself present a real and tangible threat to these states. Second, though displacement due to climate factors is one of the largest and most sweeping crises to face a generation, no binding mechanisms (such as treaties, legal, or resettlement schemes) existed to recognise this issue or introduce mitigation or protective measures… Until now, that is.  

The Falepili Union treaty recognises that ‘climate change is Tuvalu’s greatest national security concern’, and in turn, its core stated purpose is — 

‘…to provide the citizens of Tuvalu with a special human mobility pathway to access Australia underpinned by a shared understanding and commitment to ensuring human mobility with dignity’ 

‘Falepili’ is a Tuvaluan word that connotes good neighbourliness, care, and mutual respect. So, how far does this treaty go to encapsulate these values? 

The good news 

A treaty is an agreement signed by two or more sovereign states and is governed by international law. It is legally binding, and this is makes the Falepili treaty pivotal to the advancement of rights at the intersection of climate and mobility.  

The treaty sets a precedent by explicitly identifying climate change as a nuanced and existential threat to Tuvalu and her citizens. The approach is nuanced in that it recognises, in Article 2, the multifaceted threat presented by overarching climate change as opposed to isolated ‘natural’ disasters, and in its recognition of the impact of this threat upon Tuvaluans whether they choose to leave or remain on the island. This contrasts with previous international agreements and declarations, such as the 2015 Paris Agreement (binding) which briefly acknowledges that the rights of indigenous groups and migrants should be considered when addressing climate change, and the 2016 New York Declaration on Refugees and Migrants (non-binding) which recognises ‘environmental factors’ as a driver of migration.  

On the topic of nuance, the treaty lays the foundation for choice; it does not label itself as a resettlement scheme. First, it purports to provide the citizens of Tuvalu with a ‘special human mobility pathway’ visa scheme to access Australia with dignity, should they wish to leave (Article 1). Crucially, this pathway does not mention that a specific, isolated disaster must occur to enable Tuvaluans to make the move. If they do make the move, they will be able to ‘live, study, and work in Australia, and obtain access to education, health, income and family support upon arrival’ (Article 3). The Australian Prime Minister has said that under the pathway, 280 Tuvaluans will be able to make the move annually.   

Second, the parties make a commitment to actively uphold the ‘deep ancestral ties’ to and the desire of Tuvaluan people to remain on their land. The two nations ‘commit to work together to help the citizens of Tuvalu to stay in their homes with safety and dignity’. The treaty also gives the nod to the notion of adaptation through technological advancement as a solution, and to promoting support for this avenue to other nations (Article 2). At the outset, Australia has pledged $16.9 million to the existing Tuvalu Coastal adaptation project to expand the island’s land capacity by approximately 6%. 

What time will tell  

Importantly, the treaty does not outline whether there is a time limit upon the human mobility pathway for Tuvaluans to Australia, nor does it state whether citizenship is an eventual option. We can assume that further regulations or secondary legislation will iron out these details, as well as any expectations or obligations upon Tuvaluans who apply for the visa. 

The treaty does centre national security as a tenet of the relationship between the parties. In terms of how this ties the nations together more broadly, under Article 4, Tuvalu will need to ‘mutually agree’ (interpreted to mean that it will need to seek consent) with Australia before proceeding with any of the following —  

‘…any partnership, arrangement or engagement with any other State or entity on security and defence-related matters. Such matters include but are not limited to defence, policing, border protection, cyber security and critical infrastructure, including ports, telecommunications and energy infrastructure’.  

In return, Australia has committed to provide assistance to Tuvalu (following a request) in response to a major natural disaster, a public health emergency of international concern, or military aggression against Tuvalu. A time limit will be placed upon the length of stay of any Australian personnel who go to Tuvalu to provide the specified assistance.  

Final thoughts 

In contrast to previous declarations or initiatives, the Falepili Treaty is novel for a number of reasons. It is explicitly dedicated to human mobility linked to climate change without deeming this the ultimate solution to such a nuanced challenge. The treaty recognises both introducing a safe and legal route to movement, and preservation of the right to stay in response to a changing climate. Most importantly, it is the first legally binding bi-lateral instrument at the intersection of climate and migration. 

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If this note interested you, the following initiatives and cases may, too:  

  • The demand for an Advisory Opinion from the International Court of Justice, initiated by the Pacific Island Students Fighting Climate Change – read more about this here and here. This would be a landmark decision, albeit non-binding. 
  • On the Australian government’s liability to protect certain groups from the impacts of climate change, see — 
  1. The victory of the Torres Strait Islanders minority group in the case of Daniel Billy et al. v Australia before the United Nations Human Rights Committee. Although the decision is non-binding, it set a global precedent and requires Australia to make full reparations to the affected groups.  
  2. The introduction of the concept of a duty to protect young people from the impacts of climate change in the courts. Though it was dismissed at appeal, the case of Minister for the Environment v Sharma brought novel arguments into popular discourse. 
  3. Another perspective from the Australian -Tuvalu Falepili Union: