On September 25, 2008, while addressing
the United Nation General Assembly, President Atote
Tong of Kiribati proposed an extraordinary plan that would lead to the
relocation of more than 100,000 people living in his country. President Tong’s
proposal was a reaction to lurking danger of salination and rising levels of
the sea resulting from climate change that threatens to swallow up Kiribati
Island making it inhabitable. Kiribati Island, which is on the verge of
submergence, has a birth rate of 4 children per woman an indication of a high
birthrate. As the coastline continues to retreat inwards, the sea continues to
cover the inhabitable land displacing some people internally. Additionally, all
the population is expected to be displaced externally as the coastline retreats
further inland. In fact, researchers believe that the small island will become
inhabitable long before the island disappears completely[1].
The case of Kiribati Island is one among many others that face the same problem
of extinction. Consequently, measures that will see the relocation of these
groups must be put in place to ensure
that the people living in those islands find another place to live before the
threat becomes a reality. This paper examines the issue of internally and
externally displacement of people in relation to
legal protection and financial resources preparedness with regards to the
gradual disappearance of Small Island Developing States (SIDS).
SIDS have a minimal contribution to the
courses of climate change but bear a disproportionate share of its effects.
Climate change prevents the inhabitants of SIDS from fully enjoying their
rights and fulfilling their basic human
needs which act as a threat to human security[2].
Climate change threatens human security by compromising their identity and
culture, undermining their livelihoods, increased migration of people that
would otherwise be avoided and lastly by challenging a government’s ability to
provide conditions that are basic for enhancing human security[3].
The threat caused by climate change is identified to be multiplier threat
because it leads to higher instability in states that are most volatile in the
world. Multiplier effect extends to the
stable state where it increases the tension. The overall effect is the human insecurity which affects
the ability of people to fulfill their human needs and also limits the
enjoyment of their basic and as such slowing
down economic development.
The United Nations (UN) classifies
thirty-eight UN member states including other territories and states as SIDS.
These states and territories are spread geographically across the Pacific,
Atlantic, Caribbean, South China Sea and the Mediterranean. Altogether, these
states and territories host more than 66 million people[4].
If the over 66 million people are displaced, either internally or externally,
it would be the greatest displacement ever seen in history. Probably many times
more than the displaced victims of war and other national calamities ever
recorded. Compared to other states in the main continental land, SIDSs are
uniquely exposed to the adverse effects of climate change making them more
vulnerable to its adverse effects. These areas experience sea-level rises,
coastal flooding and storm surges making
the risks they are exposed to be categorized as high confidence[5].
As a result, of the high-risk confidence categorization by Intergovernmental
Panel on Climate Change (IPCC), the UN through UN Framework Convention on
Climate Change that was signed in 1992
recognized the risks posed by climate on the SIDS and the adverse effects of
the risks on the inhabitant of the SIDS. In response, the convection identified
that some specific concerns and needs must
be allowed full consideration. The effect of the identification has resulted in
increased interest in the issues of disappearing states. However, most of the
research that were done on this
particular topic has led to some recommendations, but none offers an actionable
solution. The existing legislative remedies regarding international relations
and human right are not sufficient to settle the matter amicably. Additionally,
financial constraints act as the greatest impediment to the implementation of
all possible solutions that have been enacted.
Climate Change and the SIDS
Rising
Sea levels
In the current century, the global average
rise in sea level is expected to be between 7.2 and 23.6 inches as predicted by
the IPCC. The rise excludes the rise in level due the melting of the Antarctic
and Greenland Ice Sheets. The situation is grimmer if the melting of ice in the
two regions is considered while taking
into account the fact that the melting is at a higher rate than previously
predicted[6].
If the figures are interpreted
horizontally, the effect is very clear. Unlike the vertical rise which appears
to be small, the length towards inland is enormous affecting large parcels of
land in the coastline of the Island. Apart from the rise in sea level, another threat is soil erosion. Soil erosion
results from frequent landslides and storm surges. The indigenous people whose
land is lost have to move leading to the internal displacement of people. Their source
of livelihood which happens to be the land
(a major factor of production) is lost.
Apart from reducing and taking up habitable land, the rise in sea-level has
other effects that can render the small Islands inhabitable even before they
are completely submerged. Some the effects
of the rise in sea level includes;
saltwater intrusion, inundation and intensified storms[7].
Measures to control the rise in sea-level through the setting of the
range within which it can be allowed to rise
without submerging the small island. In 1990, analysis of the targets and
indicators for changes in climate was produced and used to develop the
long-term risk management targets. The targets include the lower risks levels and high
risks levels that aimed at controlling the rate at which the climate changed. The
lower level of the maximum rate of
increase in sea-level was set at
20mm/decade. The levels 20mm/decade would allow the ecosystem to adjust and
adapt comfortable to prevent damaging the ecosystem. Similarly, the targets for
higher risks were set at 50mm/decade to prevent the complete ruination of the
small islands, but would permit ecological damage resulting from storms[8].
Projections made in 2009 and which are based
on historical observation of the link between global average temperature and
rise in sea level indicate that by 2030s, the sea level would have increased by
20mm and then exceed 50mm in the early mid-century. Scientists have raised
concerns that the tipping point of the change in climate would be reached around an average range of about 10
years: during which climate change would be irreversible[9].
As indicated earlier, and based on present data, some scientists have expressed
fears that some islands are already condemned
to a physical disappearance[10].
These scientists claim that the tipping
point for the island has already reached and as such no amount of mitigation
measure can stop their disappearance[11].
The effects of the sea level are evident
on the small Island. The first evidence is the disposal of salt in the soil and
contamination of ground water in areas bordering the sea[12].
The adverse impacts due to deposition of salt have rendered the land unsuitable
for agriculture in the event creating the issues of food and water security.
The floods and raging storms have raised the saltwater table resulting in the
poisoning of staple food in the atoll. In particular, the coconut palms have
died. Additionally, some farmers are forced to grow their taro in tins[13].
Climate changes seem to have reached the tipping point which means measures to
mitigate climate change will not have a reversal effect of the imminent danger. Consequently, the inhabitants of the SIDS
are left unprotected from loss of land and inundation resulting from rising sea
level. Additionally, they will be forced to leave
their islands early before they disappear due to salt concentrations that make
the land unproductive and inhabitable.
Natural
Disasters and changing weather Patterns
Compared to other countries, small island
countries experience high climate changes and extreme cases of weather events.
The adverse weather conditions are likely to cause displacement of people from
the small island countries. Temperatures in the small island countries show a
consistent warming trend between the year 1901 and 2004[14].
The steady rise in temperature combined with the rise in sea level triggers natural disasters[15].
In particular, droughts and flood have devastating effects on the small island
countries. The small island countries
mainly depend on rainfall to refill their
groundwater resources. in the event the water is too little, the islands lack
enough water to grow their crops. Again if the rain is too much, productive
land is covered with water. The result is the migration in pursuit of habitable
areas or conflict over limited resources. Lastly, low-lying islands are at
higher risk of being swept away by powerful surge storms. Furthermore, the rise
in sea level worsens the situation by
exposing more land. The economic challenges in these areas make it difficult to
put measures for mitigating the lurking danger. As such, migration remains as
the only solution for the affected people.
The issue raised by President Tong about
his relocation strategy is that he prefers if the citizens were relocated to the same place. The meaning
of the statement as described by political scientists is that the president
wants to retain some level of governance. He fears that the distribution of
people makes the country lose its legal status. The meaning of disappearance,
as used in this paper, should not mean the submergence of the Island only but
the extinction of a state governed by its laws. In short, the concept of
sinking island is a political problem that needs a political remedy[16].
According to political scientists, four key issues define a state. They include
territory, government, a permanent population, and the capacity of the states
to enter into agreements with the other nations. Crawford describes states as territorial entities[17].
However, the minimum amount of territory that needs to be held by a state is
not set, meaning that a state could still maintain its legal status without
possessing any boundary. This provision allows the sinking states to pursue a
legal and political remedy that can help them maintain
their statehood. On the other hand, many researchers in the political arena
assert that territorial boundaries are important
for the independence of states. On the same note, Lowe argues that a territory
is important for a state to maintain control[18].
While seeking independence is superior to
territory per se, the control desired
cannot be achieved if the activities of that state are regulated within the boundaries of another state. The SIDS can
pursue a legal remedy in which they will be allowed act independently without
the interference of the host's state, but this proves almost impossible. The
best solutions would be the conversion of the citizenry
to take that of the host country.
On the other hand, the government is
another issue that satisfies statehood and consequently independence. There is
remarkable distinction between government and independence.
As Crawford explains, government represents the ability to exercise authority over property and people occupying a particular
territory belonging to the state. On the other hand, independence represents
the state's ability to exercise authority
but on other states[19].
Governance is the most important criterion for defining statehood as it
determines its capacity to achieve independence and enter into relations with
other states.
The most important factor that has bred
the disappearance of SIDS is the loss of permanent population. The International law
of territory does not specify the minimum number of permanent population for a territory
to achieve statehood[20].
There are some countries in the Pacific with most their population outside
their borders, yet they still maintain their statehood. But the exodus of
people from the country due to loss of territory presents a different problem
that assumes a lot of significance. If all the population is displaced from its territory, a problem of whether the state will be able to maintain
it statehood surfaces. The sinking of small island state puts the statehood of
the country on the verge of extinction because the inhabitants will have to
relocate to other places and will be forced to subject themselves to those
jurisdictions. But the issue of sinking island is bigger than the disappearance
of a state. It is bigger because of the
absence of measures to protect the inhabitants of these states due to the loss of their territory.
Absence of Protection
SIDS including low-lying country state face almost the same problems which
incapacitate them from seeking redress for the effects of the rising sea levels
that threaten to sweep them from existence. These states have low political influence in the international
arena. In an effort to address these
challenges, they formed the Alliance of SIDS (AOSIS) with the aim of increasing
their political influence in the international politics and as a consequence influenced climate change[21].
Although their efforts have been successful in making climate change the center
of discussion in many international conventions, the strategy is not good. They focus more mitigation strategy
rather than adaption making them victims of climate change[22].
Today they remain unprotected from the impacts rising sea-level that is caused
by climate change. In addition, they have
insufficient political influence. Another factor that leaves these islands
unprotected is their poor economic status. They cannot pull enough resources to
help them embark on vigorous campaigns to control the situation at hand.
Solutions for SIDS
Several approaches can
be used to settle the displaced persons. Internal migration of people to the interior areas of the island does
not offer a long lasting solution but increases pressure on limited resources.
While the internal displacement of people will lead to inundation, external displacement of people offers a more practical
solution. However, this only creates an issue of climate refugees. That is, the
hosts are likely to view them as a burden as such; they will be reluctant to
absorb them. International law lacks the provision that grants refugees the
status of free movement across borders. In one case filed by a Kiribati
National in New Zealand to request the court grant him refugee protection
because his country was being submerged
in the sea was rejected. The court ruled that the refugee would not suffer any
systemic and sustained violation of the basic
human rights. Instead, the court saw that such a move would prompt many of the
Kiribati nationals to move to New Zealand to seek refuge, yet their home
country was still habitable[23].
The countries affected can pursue other avenues that can prove fruitful.
Compensation
Compensation is a clever way of holding
the states who are significant contributors to climate change responsible for
their actions. Under this arrangement,
the SIDS will not be seeking compensation in monetary terms but the provision of new places for them to inhabit[24].
The evaluation criteria for the countries should be based on multiple factors such as highest historical and current
greenhouse emissions, the country’s financial capability to absorb the migrants
and internal efforts directed towards reducing greenhouse emissions[25].
The criteria for determining the evaluation
of these characteristics are explained in
the Disappearing Act. On the other hand, the weak financial muscle of this
state does not capacitate them to enact such measures. A reasonable approach
would be using treaties such the disappearing act which creates the procedure
for determining the settlement of the indigenous people of the SIDS. Moreover,
the treaties would create an obligation
for both parties with regard to the settlement of such issues. It is through such
treaties that bilateral agreement that will see the relocation of this people
possible. In short treaties have many
provisions that assist in bringing the biggest contributors to global warming to account. However, when
using these methods, the fact that SIDS also benefit from the products of the production process that cause the emission may
bring the issue of shared responsibility.
Legal Approach
Apart from bringing to account the largest
contributors to global warming, the legal
approach is likely to yield better results. The first legal avenues would have
been the Kyoto protocol but the former president of the United States, Bush,
not applicable in that country. The second legal remedy would be the Rio Declaration.
Principle 2 of the Rio Declaration, which is also identified by the US, makes
it the duty of state to make sure that activities carried out within their boundaries
of authority do not affect the environment belonging to other areas beyond their governments’ jurisdiction. A
major disadvantage of the Rio declaration is that it is not binding in law, and such its breach would only amount a
violation of the customary international
law[26].
Lastly, the small island nations could pursue a tort action, but this would need to do
in the International Court of Justice (ICJ),
but there is still a challenge for many
countries such the United States do not submit to its jurisdiction[27].
Another legal redress would be using the environmental, human rights and international
environmental laws to seek compensation for damages caused by the change in
climate. The environmental, human rights
and the environmental law form a basic part of
the law of nations[28].
The US Alien Torts Claim Act (ATCA) contains such provision that can make the
international environment law sufficient enough to be recognized. No case filed
under the ACTA has been successful because they have not been able to prove
environment damage and violation to a human
right. Amlon Metals Inc. v. FMC Corp is an example of such a case. The
plaintiff, Amlon Metal sued FMC
Corporation for shipping materials that were hazardous. Principle 21 of the
Stockholm Declaration recognized the case
Amlon Metals Inc. was presenting but lost because they could not demonstrate
that shipping hazardous materials affected the environment[29].
The Parris Agreement is the results of the
latest efforts to check the effects of the climate change by creating a sense
of responsibility. In particular, Article 8 emphasizes the importance of
minimizing and averting the effects of
climate change[30].
The crucial aspect of it is the focus on the loss and damage resulting from
climate change as was extensively covered in the Warsaw International Mechanism[31].
Loss and damage mean two different things which are closely related but both caused by climate change. The term as used
in the Warsaw International Mechanism aims to make the parties involved to
consider both the irreversible and recoverable effects of climate change in
their actions to compact climate change.
Conclusion
The fact of the matter about the sinking
and disappearance of SIDS is a reality that is
difficult to evade. As such, it discredits the idea of settling people inland, away from the coastal line. As the coastline retreats further inland in effects render the inhabitable land event before it completely
submerges the land. Furthermore, it is difficult
to control climate change because the activities that because it is
necessary for the survival of humans bearing in mind that resources are limited
and that green ways of production are very expensive to adapt. As such, the
rise in sea-level can only be expected to rise
at a faster rate than before because the measures to mitigate climate change
have come in late when the tipping point is almost here[32].
The only remedy is the relocation of the inhabitants of these States to the continental mainland, but to make it viable, there is a need for legal reforms and heavy financial resources that only the
developed countries can provide.
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[1] Risse
M, 'The Right to Relocation: Disappearing Island Nations and Common Ownership
of the Earth' (2009) 23 Ethics & International Affairs
[2] Georgios
Kostakos, Ting Zhang and Wouter Veening, 'Climate Security and Justice for
Small Island Developing States: An Agenda For Action' (The Hague Institute
2014).
[3] Ibid 4.
[4] Working Group
II of the Intergovernmental Panel on Climate Change 2014, 'Climate Change 2014:
Impacts, Adaptation, And Vulnerability, Technical Summary' (Intergovernmental
Panel on Climate Change 2014) <http://www.ipcc.ch/report/ar5/ wg2/>
accessed 19 March 2016.
[5] Ibid 5.
[6] Pacific Small
Island Developing States, 'Views On the Possible Security Implications of
Climate Change To Be Included In The Report Of The Secretary-General To The
64Th Session Of The United Nations General Assembly' (2009) <http://www.un.org/esa/dsd/resources/res_pdfs/ga-64/cc-inputs/PSIDS_CCIS.pdf>
accessed 19 March 2016.
[7] Pacific Small
Island Developing States, above n 5, 4.1.
[9] Ibid 4.1.
[10] Rachel Nuwer,
'What Happens When the Sea Swallows a Country?' (Bbc.com, 2016)
<http://www.bbc.com/future/story/20150616-what-happens-when-the-sea-swallows-a-country>
accessed 19 March 2016.
[11] Ibid (Tipping Point).
[12] Pacific Small
Island Developing States, above n 5, 4.1.
[14] Ibid 4.2.
[16] James Crawford,
The Creation of States in International Law (Clarendon Press 1979) 45.
[17] Ibid 717.
[19] James Crawford, above n 5, 56.
[21] Mathias Risse,
'The Right to Relocation: Disappearing Island Nations and Common Ownership Of
The Earth' (2009) 23 Ethics & International Affairs 280.
[23] Georgios
Kostakos, above n 1, at 9.
[24] Ibid, at 15.
[26] United
NationsConference on Environment and Development, 'Rio Declarationon
Environment and Development' (1992).
[27] Rossmary Reed, 'Rising
Seas and Disappearing Islands: Can Island Inhabitants Seek Redress Under the
Alien Tort Claims Act?' (2002) 11 Pacific Rim Law & Policy Journal
Association 405.
[29] Amlon metals Inc., 775 F. Supp. 668.
[30] 'United Nations
Framework Convention On Climate Change,', Adoption of The Paris Agreement
(2015) 26.
[32] Risse
M, 'The Right to Relocation: Disappearing Island Nations and Common Ownership
of The Earth' (2009) 23 Ethics & International Affairs
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