‘We Need a New Global Legal Framework That Rethinks Sovereignty in the Context of Climate Displacement’

  • by CIVICUS
  • Inter Press Service

CIVICUS discusses climate displacement and Tuvalu’s future with Kiali Molu, a former civil servant at Tuvalu’s Ministry of Foreign Affairs and currently a PhD candidate at the University of the South Pacific in Fiji and the University of Bergen in Norway. His research focuses on state sovereignty and climate change in the Pacific.

Kiali Molu

In Tuvalu, one of the world’s most climate-vulnerable nations, rising seas and intensifying storms have made life increasingly precarious. Over 80 per cent of people have applied for Australia’s new climate visa under a treaty signed in November 2023. Under the treaty, 280 Tuvaluans can resettle in Australia each year through a ballot system. While recognising Australia’s willingness to host Tuvaluans, civil society continues to pressure major emitters, including Australia, to cut greenhouse gas emissions and fund climate adaptation measures in vulnerable countries to prevent further displacement.

Why have so many Tuvaluans applied for Australia’s climate mobility visa?

This visa is part of the Falepili Union Treaty agreed by Australia and Tuvalu. The treaty combines a special mobility pathway, guarantees around Tuvalu’s statehood and sovereignty and a broader security arrangement. Under the mobility component, Tuvaluans can apply for residency in Australia through a ballot system, without being forced to permanently relocate.

Many applications are driven by practical reasons, such as employment opportunities to be able to support families back home. Others value the ability to travel more freely, particularly given Australia’s historically long and uncertain visa processes. Access to education opportunities and social protections also matter. What’s important is that selection under this pathway does not require people to leave Tuvalu. It creates choice and security in a context where the future feels increasingly uncertain.

How is climate change reshaping daily life in Tuvalu?

Rising sea levels and frequent king tides regularly flood homes, public buildings and roads, interrupting community gatherings, education and work. Coastal erosion continues to reduce habitable land, while saltwater intrusion contaminates groundwater and destroys pulaka pits that are central to food security, as they’re used to grow staple root crops.

These impacts extend beyond infrastructure: higher reliance on imported food means families face rising costs, and stagnant water means a rise in waterborne diseases. Constant flooding is increasing anxiety about displacement and cultural continuity, and farming and fishing livelihoods are becoming harder to sustain. Climate change affects our food, health, housing and identity every single day.

What does potential resettlement mean for Tuvaluan culture and identity?

Our identity is inseparable from our community, our land and the ocean surrounding it. Tuvaluan culture is rooted in fenua – shared practices around agriculture and fishing, church life and the falekaupule, a community meeting house. Large-scale resettlement risks disrupting these foundations. The transmission of everyday cultural practices, language and oral history may weaken if younger Tuvaluans grow up away from the islands.

However, mobility doesn’t automatically mean cultural loss. Tuvaluan communities abroad are finding ways to preserve collective life, language and traditions through associations, churches and digital platforms. Initiatives such as the Tuvalu Digital Nation aim to safeguard cultural heritage virtually. Still, there is no substitute for ancestral land, and this raises profound questions about what it means to be Tuvaluan if our homeland becomes uninhabitable.

What climate adaptation measures does Tuvalu urgently need?

Adaptation for Tuvalu is not only about renewable energy and seawalls. While these remain essential, there’s also a critical legal and political dimension. The international system still defines statehood on the basis of physical territory, offering little protection to nations facing permanent land loss due to climate change.

We believe Tuvalu should push for a new global legal framework that rethinks sovereignty in the context of climate displacement. This would protect Tuvalu’s international legal personality, maritime boundaries and political rights even if parts of its territory become uninhabitable. This diplomatic strategy is needed as much as physical adaptation measures because it addresses national survival, not just infrastructure resilience.

What responsibilities do major polluters have towards climate-vulnerable states?

Major polluters have legal and moral obligations towards climate-vulnerable countries. International law increasingly recognises duties to reduce emissions, prevent environmental harm and cooperate in protecting those most at risk. Recent legal developments, including advisory opinions from international courts, reinforce that these responsibilities are enforceable, not optional.

These obligations go beyond emissions cuts. They include providing climate finance through mechanisms such as the Green Climate Fund and the Loss and Damage Fund, supporting adaptation efforts and sharing technology. For countries like Tuvalu, this support is fundamental to preserving lives, culture and sovereignty. Continued inaction by major emitters should not be seen solely as political failure, but also as a breach of international law.

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© Inter Press Service (20251219094925) — All Rights Reserved. Original source: Inter Press Service

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