26 March 2024, NIICE Commentary 8989
Mridul Jha

On 19th November 2023, in a move that could shape Australia relationships with the Pacific nations, Australia signed a landmark and historic agreement with Tuvalu specific to climate change. Under the agreement, Australia will offer residency or citizenship to people of Tuvalu who are affected by climate change. The treaty or agreement also looks forward to bringing both the countries to more close ties amid the rising influence of China in the Pacific region.

At times when nations have urged Australia to take stronger and comprehensive actions against the use of the fossil fuel, this treaty also recognizes the vulnerability that countries in this case Tuvaluans are facing due to the rising sea level. Many of the experts have also claimed that this move by Australia will also prove to be model for nations like Nauru and Kiribati who are also impacted by climate change and may consider getting into similar agreements with Australia.

Though countries have pacts or associations with other small pacific nations, it is the first time that a Pacific Island nation has agreed to such kind of agreement with Australia and also the first time that Australia has decided to offer citizenship to other countries members due to risk posed by climate change.

How does the New Treaty Work?

The treaty also known as Falepilii Union based on the principles of neighbourliness, care and mutual respect is a result of request by Tuvalu for Australia to support and assist them on climate change and human mobility. Under this treaty, Australia will allow up to 280 Tuvaluans from a population of around 11000 to live, work and study in Australia. It will also access to education, health care and income and family support instantly to Tuvaluans upon arrival. Tuvalu will decide which citizens gain access to the visas, but Australia will conduct security checks on potential recipients.

The treaty also recognizes the Tuvaluans deep, ancestral connections to land and sea and pledges that Australia will work with Tuvalu to help people stay in their homes with safety and dignity. Australia has also pledged funding to help Tuvalu adapt to climate change, which includes Australian $16.9m to expand the landmass of its main island by 6 percent which is sinking every year and will submerge almost half by 2050.

The Falepilii Union treaty further states that Australia will commit itself to helping the nation in case of any emergencies which includes major natural disasters, military aggression or even pandemics. In return, Tuvalu will have to seek an approval if it seeks to establish pacts or agreements with other countries on national security and defence related issues. This deal is seen as a major victory for Australia due to the immense aggression shown by China in luring smaller Pacific Island nations.

Context of the Treaty

The treaty follows recognition of the climate migration juncture. Tuvalu proposed a UN resolution to create a framework for the people who haven displaced by climate change. The similar proposals were suggested in the past by other countries as well. In 2017, New Zealand offered a humanitarian visa to the islanders, targeting around 100 people per year but also later forced to drop the plan due to negative reception by the people. In early November 2023, Pacific Island Forum endorses a Regional Framework on Climate Mobility which commits to reducing at large the displacement and maintaining right based migration to support migration. It also reindorsed the 2021 statement which stated that the Pacific Island would retain their sovereignty even in case of climate change and will retain their statehood.

Though the Union has been signed in 2023 which tends to Tuvaluans at large, it has already been benefited from various mobility programmes spread across the Pacific. For instance, Tuvalaun are eligible for New Zealand Pacific Access Category pathway which allocates permanent residency visas to 75 citizens per year on a ballot basis. They can also work for nine months through the Recognized Seasonal Employer Scheme.

Is the Treaty one of its Kind?

While there have been similar kind of such pacts or programs across the world, this is the first time that a program facilitating mobility has been done in the context of climate change. The pacts or programs operates differently from the one implemented by the US and New Zealand. (Turnbull 2023)

For instance, New Zealand has similar agreements or arrangements with Niue and Cook Islands which allows them to be responsible for their defence in case of any military aggression or major natural disasters. People from Niue, Tokelau and Cook Islands are also considered as resident of New Zealand if automatically allows them to come and live in the country. New Zealand further has Pacific Access visa category and Samoa Quota resident Visa category allowing approximately 2500 people to from all the Pacific nations to move to Island nation every year.

United States on the other hand have Compact of Free Association with the island nation of Palau, Federated States of Micronesia and Marshall Islands. This agreement allows the eligible citizens to enter the US visa free and work, live for an indefinite amount of time. In return, the US is responsible for their defence is case they are met with some kinds of emergencies.

Unlike US, New Zealand or even Australia and Tuvalu, Argentina have announced a special visa program which allows people from 23 countries in Latin America and Caribbean who have been displaced due to disasters. This program though is also applicable if the displacement has occurred and is not a preventive program as done by some nations.

Controversies around the Treaty

There has been widespread confusion not just with the opposition party of Tuvalu but also among the members of the public as what the Union or treaty holds. The confusion is mainly due to the fact that though the treaty has been signed, there has not been any official version of the document English or Tuvaluan released by the government. The leaders of the opposition parties demanded that Union be properly be drafted through the process of public consultation which was arguably denied by the government. Members of the Parliament have raised concerns about the language of the Union agreement as it currently stands. One of the notable representatives of the Funafuti, Tuvalu’s national capital have raised concerns over the issues of immigration, passport and citizenship and the establishment of the special human mobility pathway between Tuvalu and Australia.

It is also being widely argued whether it was correct for Tuvalu to get into a security agreement in the Union treaty and thereby inserting it into the competition between China and the United States. The Article 4.4 of the Union have also been criticized heavily where Tuvalu must “mutually agree” with Australia on any security or defence partnership Tuvalu hopes to enter into with any state aside from Australia, as compromising Tuvalu’s sovereignty.

Before signing the treaty, Tuvalu prioritised questions of Tuvalu permanent statehood, emissions reductions, and adapting to climate change. However, the treaty does not tend to focus on these priorities as of now. Climate activist have long argued that the there is a failure to promote emissions reductions and awareness regarding special mobility pathways. Further, there tends to be a lack of consultation among Tuvalaun population and the usage of only English in drafting of the treaty which was developed in secrecy.

Conclusion

The Falepili Union will inspire the creation of different visa arrangement and mobility as well as security mechanisms to ensure that Pacific Island nations people have dignified pathways to move in case of climate change and support as an when needed. It can also make way for a broader regional scheme similar to European Union which is based on cooperation and integration that would enable free movement across the region. The temperatures will not go down but rather will go upwards which will cause displacements of people either by choice or by force due to impact of climate change and so this agreement is a wake up to the world to have measures to adapt to the rising challenges of the climate change. The dignity of affected communities must be at centre at the time when the impact of climate change becomes too large to ignore.

Mridul Jha is a Consultant based in India.