Legal and Policy Implications of Climate Change-Induced Migration in Kiribati, Tuvalu, Yap, and the Marshall Islands

1. Legal and Policy Implications of Climate Change-Induced Migration in Kiribati, Tuvalu, Yap and the Marshall Islands: A Field Study Presentation for Law & Culture 4-6 July 2016, Victoria University of Wellington Anita Jowitt, Lecturer in Law, University of the South Pacific jowitt_a@vanuatu.usp.ac.fj

2. Research project overview • Students trained to conduct interviews, focus groups and to collect site data • Primarily qualitative • Subject areas and sites researched student led

3. Question areas • Communities • Knowledge of climate change • Impacts of cc on communities - responses • Fears and desires re migration • Views on responsibilities • Policy makers/NGOs • Current plans and policies • Preferences re migration • Migration with Dignity • Responsibilities • Opinions on policies of external countries • Place of international agreements

4. Research sites: differences in migration options • Kiribati; Marshall Islands; Yap (FSM) • First 2 atoll states – no high land to move onto internally • Yap has some high land as well as atolls, so internal migration more possible • Marshall Islands, FSM – free movement to US (at time of research) • Kiribati – no free movement to other countries • Histories of migration

5. Yap state • 1 big high island and 134 small low-lying islands • 14 outer islands inhabited • Covers about 1,200 kilometers of ocean • Land Area is 120 square kilometers • Population as of 2010 Census Count 11, 700 • 8000 on Yap mainland

6. Yap – histories of movement • Pre colonial – sawei tribute – from OI to Gagil on Yap mainland • 1950s Madrich settlement • Originally Catholic church land; then state took over paying lease • Late 1980s settlement into Daboch • Early 1990s state took over paying lease (?) • Post Typhoon Sudal 2004 Gargey expanded • 2007 state bought land (negotiated appropriation) • Managed by Council of Tamol (OI chiefs council) • Mid 1990s customary arrangement between Fais and Gagil • No titles, but recognised as following customs from sawei tribute • Late 1990s/early 2000s OI communities (Satawal, Ifaluk) purchasing land on Yap mainland • No titles

7. FSM/RMI Migration to USA • Discrimination against Micronesians a clear issue • Health • Education • Housing

8. Kiribati/RMI histories of migration • RMI: forced relocation by USA in World War II • Kiribati: Relocation from Banaba to Rabi due to phosphate mining/extreme degradation of home island

9. Data • Small numbers, from selected communities and officials • Yap: Ulithi (20); Fais (13); Yap Mainland (14); Govt & NGO officials (9) • Kiribati: Arorae (25); Tarawa (2); Officials (13) • RMI: Rita (2); Laura (7); Officials (3)

10. Community attitudes to having to migrate • Many people already move around, temporarily, for education, work, family… • Many have family that have already permanently moved, either internally or to other countries • There is already thinking and talking about the need to move due to impacts of cc

11. Community attitudes to having to migrate • Spectrum of views – tending toward pragmatic • Considerable agreement with migration with dignity concept • Hardest for older generation • It is their beginning and it is very sad to simply walk away and wave goodbye to their great grandparents (Yap interviewee)

12. Community fears re migration: broadly cultural

13. Community fears re migration:pragmatic

14. Community fears re migration:pragmatic/cultural

15. Government comments on migration • Migration is on the agenda • I went on a Ministerial tour to the island of Kiribati and it was very sad to see the impacts of climate change… The people no longer need money to adapt, build sea walls, but need another place to live. Adaptation is too late. (Kiribati) • Migrating with dignity • We do not want to be called climate refugees. We want to migrate with merits, with dignity as a nation, as a people and as a unique culture (Kiribati)

16. Government comments on migration 2 • Need for greater response from receiving countries • The country that is planning to move should have a plan, but also the country receiving the population. No country has plans regarding receiving climate change migrants. (Yap)

17. Pacific development partners’ views • Engaging our Pacific Neighbours on Climate Change: Australia’s approach (2009) • (12) Australia is committed to assisting our neighbours in the Pacific realise their stated desire to stay in their countries by responding to the challenge of climate change. • New Zealand • We are assisting with adaptation and mitigation. There are no specific migration policies. (Interview with NZ Embassy in Kiribati)

18. Cf Local aspirations • The Niue Declaration on Climate Change 2008 (PIF): • ENCOURAGEthe Pacific’s Development Partners to increase their… support for climate change action on adaptation, mitigation and, if necessary, relocation…. • Research data • Communities are already thinking and talking about migration • Communities see the importance of including migration in discussion of responses to climate change • Communities have fears about migration that need to be addressed as part of response to climate change • Governments (or individuals within government) see the importance of including migration in discussion of responses to climate change

19. Legal/policy implications?Future agenda? • Policy/political agenda: • We need engagement from development partners on the issue of migration • Research agenda: • Why are there such notable differences in attitudes to migration between countries? • Experiences of communities that have already migrated – what makes migration a success, what are the main challenges… • Longitudinal studies of migration – who is migrating, where to, why, for how long… • Preferences • Longitudinal studies on those who do not migrate – who is staying, why, how are they adapting…