Rarotonga, Cook Islands, 5 April 2023 - Legal and ocean practitioners from Member States of the Pacific Islands Forum (PIF) gathered in Fiji last week for the Regional Conference on Statehood and Protection of Persons Affected by Sea-Level Rise.
The conference was held to identify and prioritise legal options and institutional responses that the Pacific region can take to promote the preservation of statehood and the protection of persons affected by sea-level rise.
The Cook Islands was represented by the High Commissioner of the Cook Islands to Fiji, His Excellency Jim Armistead who chaired the conference, along with Ministry of Foreign Affairs and Immigration (MFAI) Director of the Pacific and Regional Affairs Division, Antonina Browne, and Senior Foreign Service Officer of the Treaties, Multilateral, and Oceans Division, Teuru Passfield.
The meeting opened with remarks from Cook Islands Prime Minister and Chair of the Pacific Islands Forum, the Honourable Mark Brown; Minister of Justice, Communications and Foreign Affairs of Tuvalu, the Honourable Simon Kofe; the Pacific Islands Forum Secretary General, Henry Puna; and the Director General of the Pacific Community, Dr Stuart Minchin.
“As our shorelines are eroded by sea-level rise, we must do our utmost to prevent the same from happening to our sovereignty, our lands, our titles, our homes,” said Prime Minister Brown in his opening remarks. “We must maintain our fundamental rights and freedoms guaranteed by our respective Constitutions and the Universal Declaration of Human Rights.”
“We must (also) continue to be meticulous, deliberate, and patient in order to bring about real progressive development of international law,” Prime Minister Brown added.
“Whether you are here as an expert or completely new to these discussions, you are at the forefront of ground-breaking work that will influence a legacy for our children and future generations into perpetuity.”
Bolstered by the powerful statements given during the opening, participants at the conference set out to explore legal options and responses that the region can take with regards to sea-level rise and it’s potential impact on statehood and people, in the context of international law.
To help frame the discussions, a number of esteemed international law experts, including members of the International Law Commission (ILC), presented on existing international legal frameworks and state practice. Particular focus was given to the gaps that exist in relation to climate change, sea-level rise, and impacts on statehood and people, as well as how these gaps might be addressed.
A similar conference was held in 2020 and resulted in the 2021 PIF Leaders Declaration on Preserving Maritime Zones in the face of climate change-related sea-level rise, which has garnered support from a number of states who agree that once maritime zones are established, they would be fixed, notwithstanding sea-level rise.
PIF members are aiming to build upon both the content and momentum of the Declaration to further advocate for Pacific positions on preserving statehood and protections of persons affected by sea-level rise.
The recent adoption by the UN General Assembly of the Resolution on the request for an advisory opinion of the International Court of Justice (ICJ) on the obligations of states in respect of climate change was also welcomed by meeting participants.
Led by Vanuatu and co-sponsored by two-thirds of the UN membership, this resolution is further testament to the leading role that the Pacific has to play in initiating and progressing dialogue on these complex issues.
“The work we do in the region has and continues to have global influence,” said High Commissioner of the Cook Islands to Fiji, His Excellency Jim Armistead.
“The 2021 Leaders Declaration and the recently adopted General Assembly resolution are just some of the tools that Pacific Island countries have used to advocate for global solidarity in our continued fight against the impacts of climate change, including through recognition of our continued statehood.”
“As Chair of the specialist sub-committee on sea-level rise in relation to International Law, the Cook Islands is committed to working diligently with Member States to deliver a way forward that ensures the safety, security, and wellbeing of our people and our sovereignty.”
Outcomes and decisions from the conference will be further explored and refined by the Forum Officials Committee (FOC) Specialist Sub-committee on sea-level rise in relation to International Law before being passed on to the FOC to consider recommendations to PIF Leaders before they meet later this year.