Sam Storr |
| Coastal cities such as Bangkok put large populations at risk to climate change. theatlantic.com Paula Bronstein/Getty Images |
Although the causes and dangers of climate change are
becoming widely accepted, the lark of purpose and agreement at climate change
summits has been disappointing. It is known that the problems of the future
must be solved in the present, but this does not seem to provide the urgency
for nations to overcome their historical differences.
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| The former Tebunginako village, Abaian Island kiribatiisgone Ciril Jazbec |
Yet, for some nations, climate change and rising sea levels
pose an immediate and severe existential threat. Rising sea levels are already threatening
low-lying island nations like the Maldives, Kiribati, and Tuvalu. In their
voices lies a desperation at the complacency of climate talks, which Mohamed
Nasheed, ousted president of the Maldives, referred to as a ‘pact for suicide’.
Kiribati has already bought
6,000 acres of land in Fiji in case of a forced resettlement, and the
Maldives have been considering
purchases in Australia. In 2009, the world’s
first climate change refugees were announced as the islanders of Carteret,
Papua New Guinea. In 2011, islands in the South Pacific were left with a serious
shortage of drinking water.
Referred to as ‘sinking states’, they have become a focal
point for debates on the future of climate change policy. The case of the
sinking state is a potential harbinger of the threat posed to the large coastal
cities and low-lying regions of the world. If mutual self-interest is insufficient,
the urgent voice coming from the shoreline could provide an evocative, human
reason for carbon-emitting countries to accept that their actions have
consequences, and costs. Great legal and policy changes need to be made to
mitigate the damage and prevent human rights from being violated.
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| Flooded volleyball pitch, Kiribati kiribatiisgone Ciril Jazbec |
Firstly, a mediating body such as the ICJ requires the
consent of all nations in a dispute. Secondly, a state must prove not that it
has been damaged, but that another has failed in its legal obligations. Whilst
the main emitters of CO2 refuse to ratify legally binding agreements on
emissions, prosecuting states have little to
work with. Thirdly, there are no precedents for establishing a causal link
between the specific emissions of one country, and the damage suffered by
another. Above all, the huge cost of litigation does little to favour the
marginalised.
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| The way home is flooded, and the village cannot afford flood protection kiribatiisgone Ciril Jazbec |
This option keeps the amount paid firmly in the control of
contributing countries, who will not be accepting direct liability or
subjugation to a legal process. It is even
alleged
that aid is simply a bribe to encourage acceptance of inadequate agreements. The
lack of follow-through caused tensions
at the Cancún climate summit of 2010, and some argued that the new funds from
the US were only cut from other aid budgets.
The issue of compensation has therefore only provided another
stumbling-block as major emitters seek to minimise their responsibilities. The
scale of the funds discussed shows a recognition of the cost of failing to act,
but does not appear to be encouraging action. Although the proposal for part of
this aid to come from a tax
on carbon emissions by private companies is more attractive, some nations
will no doubt wish to protect their national industries.
There exists no legal category for
persons considered to be displaced due to climate change, and it is usually stated that the refugee
system, more a product of convenience than ideals, would not survive such a
revolution. This leads some
scholars to see regional agreements and national immigration policies,
under the guidance of norms of human rights law, as the way forward.
Prominently, New Zealand, but not Australia, has been convinced to allow 75
labour migrants each from Kiribati and Tuvalu each year.
In the case of a ‘sinking state’, the population would leave
long before
their land is uninhabitable, and the effect this would have on their statehood is disputed. Therefore
the issue is not so much to create new forms of asylum, but to accommodate the
population movements that are a natural means of coping with environmental
change.
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| Coconut palms lose their heads to saltwater kiribatiisgone Ciril Jazbec |
Climate migrants face an uphill battle in having their rights
to resettle recognised. Refugee practice can play an important role by ensuring
that the established human rights of a population are respected throughout a
migration, though new protection mechanisms will have to be established. As worsening
conditions and recurring disasters create large and very sudden population
movements across borders, it
may be that refugees cannot be safely returned without some coercion, violating
the principle of non-refoulement. Without new
categories of protected persons this right may be threatened. Yet the term
‘climate migration’ is
criticised for simplifying a huge variety of types, sizes and durations of
population movement. It will also be increasingly difficult to separate a
climate migrant from an economic one.
Although attempts are being made to atone for climate change
and anticipate future human rights challenges, so far this effort is mostly channelled
towards minimal responsibility rather than averting the coming reality. In this
context, it is indeed wise for island nations to be saving for land and
negotiating visas.
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