Category: Oceania

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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?”

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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:

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UN Human Rights Committee Sides with Torres Strait Islanders

1 October 2022 – by Ottoline Mary

There has been an update on the case of the Torres Strait Islanders’ struggle for protection against the threat of climate-induced displacement. Already mentioned in an earlier Earth Refuge article, these low-lying lands, mainly populated by First Nations Australians, are facing a sea level rise which is double that of the global average. In addition to the direct damages caused by the floods themselves (such as infrastructure and crop destruction), the latter also deplete environmental resources such as edible fish, thereby jeopardising food security in the region.

Back in 2019, a group of local residents filed a complaint to the UN Human Rights Committee, denouncing the Australian government’s failure to adapt to climate change and to protect impacted communities (e.g., by upgrading seawalls). Last week, the UN Human Rights Committee finally issued a decision declaring that “Australia’s failure to adequately protect indigenous Torres Islanders against adverse impacts of climate change violated their rights to enjoy their culture and be free from arbitrary interferences with their private life, family, and home”. Consequently, the Committee has urged the Australian government to “compensate the indigenous Islanders for the harm suffered, engage in meaningful consultations with their communities to assess their needs, and take measures to continue to secure the communities’ safe existence on their respective islands”.

In this case, individuals successfully took the matter into their own hands to compensate for their government’s failure to take relevant climate action. This development is indicative of what appears to be a trend of change in the global political landscape, where civil society actors and even individuals are seizing the power that national systems fail to exert to protect their people.

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Australia: New Report Warns Of Climate Change and Acknowledges Indigenous Peoples’ Role in Environmental Management

landscape photography of mountain under blue sky

12 August 2022 – Darina Kalamova

Every five years, the Australian government releases a report on the state of the nation’s environment, which details the most crucial environmental issues, repercussions and possible solutions.

The 2021 State of the Environment Report

Unfortunately, the findings of the most recent report state that climate change, habitat and species loss, pollution, and resource extraction are devastating Australia’s environment.

Extreme weather events are occurring more frequently and over the last five years natural disasters such as floods, droughts, wildfires, storms, and heatwaves have affected virtually every part of Australia. Millions of hectares of potential habitat for animal and plant species have been lost or heavily damaged. 

The marine ecosystem is in a critical state . While sea levels are rising, some of the most important river basins on the land are recording alarmingly low water flows. 

It is important to note that the report highlights some positive shifts. More investments are being made and people are becoming more involved in the climate change conversation. 

Indigenous peoples’ role in environmental management 

The relationship between the environment and people’s well-being, especially the interconnectedness of environment and culture, is emphasised as well.

There is a dedicated chapter on Indigenous peoples and their role in conservation. This involves aspects such as cultural principles, deep understandings of the flora and fauna, and land and sea management practices and is a part of a growing movement of climate reports that recognise Indigenous peoples’ role in Australia’s future.

Indigenous peoples have a deep connection to the land, which has developed for thousands of years and it has helped them adapt to shifting climates and radically different environments.  Traditional Ecological Knowledge could become a key element of environmental management, as it has the means to provide a new approach focused on culture and traditions instead of other values such as economic gains. 

Indigenous peoples are more likely to be impacted by environmental crises and therefore their inclusion in the decision-making process is vital. The report advocates for cooperation, improved application of existing environmental laws and regulations, as well as for new actions to codify Indigenous land stewardship. Excluding a group that has been on the continent for thousands of years, would mean disregarding any historical context, ongoing injustices and imbalances in power. 

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Torres Strait Islanders Finally Speak to the Australian Government over Climate Change Concerns

aerial photography of islands during daytime

29 July 2022 – by Ella Kiyomi Dobson

Torres Strait/Zenadh Kes Islander communities have been fighting for years to meet with the Australian government to express the devastating impacts climate change has on their homes. The lack of concern from the government resulted in a group of Torres Strait Islander people filing a complaint about the Australian government’s inaction to the UN Human Rights Committee, in addition to filing a lawsuit against the government. Still, last year the government refused to acknowledge the effect climate change has on this group of islands.

Torres Strait is a region on the northern tip of Queensland, Australia, home to low-lying islands inhabited by First Nations Australians. Previous research shows that the sea level rise on these islands is double that of the global average. From 2017 to 2021, Torres Strait Islanders saw a considerable amount of their land disappearing, with “eight metres get[ting] taken away” in just four years due to erosion, rising sea levels, and flooding. The shallowness of the islands lends itself and its communities to coastal inundation, which can contaminate water supply, destroy crops, wash away roads and the remains of loved ones, and damage sacred cultural sites. The communities rely on the sea for a large part of their diet, and one community member notes that “certain fish are not found on a particular reef when they used to be in the abundance. They are not there.” These threats of erosion, rising sea level and high investment in infrastructure are significant concerns that will continue to worsen over the coming years. 

After years of fighting, the Torres Strait Islander communities finally met with the Australian government to express the need for change and protections at the beginning of July. The Minister for Climate Change and Energy, Chris Bowen, has conceded that climate change does pose a “real and substantial” threat to these communities. Chris Bowen visited the Torres Strait Islands to hear first-hand what their concerns are, as well as to see the impacts these people are facing. While this may be a good first step, governments need to acknowledge and prioritise the concerns expressed by its people before it is too late to act. The consequence of the impacts on these islands may lead to the displacement of Torres Strait Islander people who have lived on the islands for more than 65,000 years. 

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Auckland Proposes “World-First” Climate Tax for Residents

Auckland on sunset (landscape)

13 December 2021 – by Evelyn Workman

Residents of Auckland, the most populous city in New Zealand, will have to pay around 1 dollar per week under a proposed new climate tax. The money raised from the tax will go towards making the city greener and reducing emissions.

The plan was announced by Auckland mayor, Phil Goff, on December 1. Auckland officials have said that the proposal is one of the first of its kind in the world. 

Homeowners will be taxed on average $NZ1.10 a week, which is estimated to raise around $574m over 10 years. The proceeds will be added to a proposed fund which aims to design a more environmentally friendly city through a range of initiatives, including decarbonising the transport sector and making more green spaces.

One of the big aims is to decarbonise the ferry fleet, as this currently contributes 21% of the city’s emissions from transport. In addition to this, the fund will also create more routes for pedestrians and cyclists, and create a greener city by planting more trees.

In a statement, Mayor Goff said, “While nobody relishes the idea of paying more rates, we’ve heard clearly from Aucklanders that they want us to do more on climate change and to improve our public transport system. We must be able to say to future generations that we used every tool in the toolbox to tackle the climate crisis.”

“Long after COVID-19 ceases to be a major threat to us, there will be the ongoing crisis caused by climate change – we can’t afford to put off any longer the action needed to avoid a climate disaster,” the mayor added.

The rate is an important part of the “mayoral proposal” that will be voted on next year.

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Australian Court Ruled the Government Has ‘Duty of Care’ to Protect Young People From Climate Crisis

aerial view of rock cliffs under cloudy sky

3 August 2021 – by Evelyn Workman

In June 2021, the Australian Federal Court has ruled that the environment minister Sussan Ley has a duty of care to protect young people from the impacts of climate change. A group of young Australians had sought an injunction to prevent Ley from approving a possible Whitehaven coal mine extension project in the state of New South Wales. The young people argued that the minister had a common duty of care to protect young people from the harm caused by climate change, and that approval of the project would breach this by endangering their future.

Judge Mordecai Bromberg ruled that Ley owes a duty of care to Australia’s young people not to cause them physical harm from future climate change. However, he did not grant the injunction because he had “not been satisfied that a reasonable apprehension of breach of the duty of care by the minister has been established”. This means that Ley does not have to prohibit the coal mine extension project, however, her responsibility to young people has now been formally recognised in court.

The court heard the expansion of the mine could lead to an extra 100m tonnes of CO2 being released into the atmosphere, which will only contribute towards an accelerated rate of global warming. The court was also presented with scientific evidence from bodies such as the Intergovernmental Panel on Climate Change and the Bureau of Meteorology highlighting the potential harm Australian children could face in the future due to climate change. One million of today’s children in Australia are expected to suffer a heat-stress episode requiring hospitalisation within their lifetimes, substantial economic losses will be experienced, and the Great Barrier Reef and most of Australia’s eastern eucalypt forests will not exist when today’s children grow up. 

The group of young people who brought the case to court was led by 16-year-old Melbourne student Anj Sharma and supported by Sister Brigid Arthur, an 86-year-old nun who was appointed to be their litigation guardian. One member of the group, 17-year-old Ava Princi said, “I am thrilled because this is a landmark decision. My future and the future of all young people depends on Australia stepping away from fossil fuel projects and joining the world in taking decisive climate action.” Even though the injunction was not granted, Princi said, “it is not over yet”.

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Climate Migration Threatens to Expand Australian Healthcare Inequities

empty road between brown fields with green trees

15 April 2021 – by Ben St. Laurent

New data published in The Lancet Planetary Health indicates that the acute inequity in healthcare workers throughout the Northern Territory (NT) could become exacerbated by climate change as doctors in the region relocate to cooler climates. Contrasting the situation of refugees forced from their homes due to increasing environmental disasters and receding coastlines, the reality is that those who have financial and social capital are also relocating to more temperate areas.

The study surveyed 362 medical professionals in Australia’s NT in November 2020 (representing over 25% of the workforce) and determined that over one third of respondents are already considering leaving the NT (15%) due to climate change, or would be likely to consider leaving in the future (19%). Rising temperatures and drier weather are becoming more severe in the NT and are contributing to increased heat related illness and death in a healthcare system that is already understaffed and overburdened. Among doctors who responded to the survey, 85% agree that climate change is currently causing, or is likely to cause negative effects on the health of their patients. 75% percent agree that parts of the NT are becoming or will likely become uninhabitable due to climate change.

Australia’s NT is the third largest territory by land mass but also the least populated and most remote region according to the Australian Bureau of Statistics, and the population is in decline. Approximately 30% of the 245,929 Australians who lived in the NT in 2019 are indigenous, compared to 3.3% nationally. Despite its high level of development, disparities in Australia remain wide. This recent report recognises that and a decline in the number of healthcare workers would further exacerbate inequities and put remote and indigenous communities at risk.

The authors of this study have called for a “National Plan for Health and Climate Change” to address the relationship between climate change and health. They recommend that “Health-care workforce supply should be considered in climate-related health risk assessments and adaptation strategies, and climate-related concerns should feature in the national health workforce strategy” (Pendrey et al, e184).

Sources

Pendrey, C., Quilty, S., Gruen, R., Weeramanthri, T. and Lucas, R., 2021. Is climate change exacerbating health-care workforce shortages for underserved populations?. The Lancet Planetary Health, [online] 5(4). Available at: <https://doi.org/10.1016/S2542-5196(21)00028-0> [Accessed 14 April 2021].

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The Causes and Effects of the Australian Flood Disaster

5 April 2021 – by Hazal Yilmaz

The effects of the flood disaster that followed the heavy rainfall in Australia last week are still continuing in the region. In the worst flood disaster in 60 years, 18.000 people were evacuated and 3 deaths were recorded. The economy is adversely affected by the damage to property and the disruption of coal exports.

Australia’s wildlife and livestock are also one of the parties most affected by this flood. Animals, reptiles and spiders, who were trying to take refuge in the surrounding houses and struggling to survive, were tried to be rescued by the locals and officials.

Successive fire and flood disasters make us question the impact of global warming on these natural phenomena. Scientists think that Australia’s tides between excess drought and excess rain will be the new reality. Although the authorities are careful in linking the cause of extreme rainfall to climate change, various reports and studies have suggested that the warming of Australia increased the intensity of the rainfall. Although global warming and changes in the structure of the atmosphere are not the only factors, Australia’s current warming of 1.4C increases the moisture holding capacity of the atmosphere and worsens the situation.