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

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 Policy makers/NGOs
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
Kiribati
RMI
Yap
Discrimination in new place
44%
91%
29%
Culture/identity
74%
100%
47%
Roles custom leaders will have
30%
24%
What will happen to buried ancestors 7%
45%
41%
What will happen to existing property
48%
64%

13. Community fears re migration: pragmatic
Kiribati
RMI
Yap
Who will pay for the costs of moving
29%
64%
71%
Provision of basic needs in new place
33%
55%
59%
Cost to buy land in new place
26%
41%
Having right skills to find a new job 0%
73%
53%
Training for skills for living in new place
What support you will have or be given 7%
45%

14. Community fears re migration: pragmatic/cultural
Kiribati
RMI
Yap
What happens if countries don’t allow migration 0%
64%
29%
Whether you will be able to choose where to go
74%
45%
41%
Whether families/community will stay together
55%
Being forced to move by govt

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):
ENCOURAGE the 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…