Page 17 - IB July 2018

Cover Story

sustainability of our people,” Kofe said.
“We also need to consider the question
of whether a state can exist without a
population?’’
Kofe is obviously referring to sugges-
tions that 20 years from now all Tuvaluans
may live in exile, forced off their atolls by
rising sea levels.
It’s not difficult to understand why he’s
posed the question of a nation existing
without a physical population.
As he sits in a falekaupule (meeting
house) on Funafuti, a 15-knot wind raises
the waves on the ocean side of the atoll.
Salt spray blows in through the open
side of the building as waves pound the
fragile shoreline. On either side of the
atoll the ocean stretches for as far as the
eye can see.
Kofe points to the 1933 Montevideo
Convention on the Rights and Duties of
States as a possible starting point from ‘If life is no longer sustainable on an atoll, does that mean it cannot be a reference point for a national border?’
which to protect Tuvalu and other small
island nations.
“Sovereignty once given (to a state) importantly the natural resources which home they have ever known,” Tong told
cannot be withdrawn,’’ he said. exist within those borders.” climate change advocates on Tuvalu last
“So, our international agreements rela- Back on Tuvalu, Kofe believes that month.
tions and foreign policies and friendships international law can be used to support “By continuing to own the ocean from
are important.” the proposition that ownership continues which they came our people can remain
Under the Montevideo Declaration, Tu- despite non-habitation. connected. They can tell their children
valu would exert over its 900,000 square “We cannot understate the importance and grandchildren – that is where we
kilometres of ocean, even if the country of the baseline from where we measure came from. That is the starting point of
ceased to exist. territory – EEZ and territorial waters,’’ our journey. We are people of that place.
The declaration allows a state to be Kofe said. “By continuing to own resources like
recognised as being the legitimate govern- “Currently we measure from the low the tuna our people can have their own
ment of a territory over which it has no water mark – but this moves for low-lying income and sustenance. That is so im-
actual control. atolls. Tuvalu is undergoing a Constitution portant. You do not want to be a burden
In effect, displaced atoll communities review and we’ll need to consider how to and the revenue from resources is key to
would be able to set up governments in define land territory and use maritime removing the burden.’’
exile from which they would control their baselines (coordinates) support our propo- At a recent Polynesian Leaders Group
former homes – or at least the portion of sition and allow permanency (of claim meeting on Tuvalu it was agreed that the
the ocean in which they once lived. over territory). Pacific territories as recognised under
Most sovereign states are considered “From the Constitution we can take this the UN Convention of the Law of the Sea
either states de jure (in law) or de facto (in argument to the world. We can set a new would remain unchanged despite the ef-
reality). In World War II the governments trend as to what we think is our definition fects of sea level rise.
in exile of France and the Netherlands, of statehood and sovereignty over sea.’’ The leaders of American Samoa, the
among others, were considered de jure and Kofe said international law had not Cook Islands, Samoa, Tuvalu, Tokelau,
continued to enjoy diplomatic relations evolved sufficiently on sovereignty but Tonga and Wallis and Futuna signed the
with Allied Nations despite being under pointed to a post-World War II example agreement which is the first step towards
Nazi occupation. in which US President Harry Truman gaining international recognition of an-
International jurists may argue that the declared the Continental Shelf to be an other approach to ownership.
declaration speaks to nations in a state of extension of land or national territory. Kofe believes that it is possible for na-
war and driven into exile. He said it was possible for Pacific coun- tions to declare their boundaries not on
Climate change advocate, Frances Na- tries to make similar declarations. physical boundaries but by virtual posi-
moumou, says Tuvalu is indeed at war. Former Kiribati President, Anote Tong, tions as defined by specific points recorded
“This is a war – a war of survival,” said the pre-eminent advocate on climate by Global Positioning System.
Namoumou who has been instrumental change agreed that protection of territory His argument has, for the time being,
and calling attention to the plight of Pacific and resources would be central to the been taken on board by Polynesian lead-
islanders living with the effects climate survival of the region’s people. ers.
change. He argued that retention of resources Time will tell whether the larger global
“And it is a war Pacific people cannot would be imperative if displaced commu- community will accept the proposition.
afford to lose. Before the islands disap- nities were to migrate with dignity. And time is something Tuvalu does not
pear, we must ensure that the machinery “This is about justice and dignity should have in large supply.
is put in place to defend borders and more our people be forced to leave the only r netrika66@gmail.com

Islands Business, July 2018 17