6. Forms of Collective and Permanent Relocation
6.2 Alternative Forms of Relocation
Requests for total territorial sovereignty may be seen as pushing for too much, considering there are other forms of exercising self-determination that don’t result in a sovereign State.
Therefore, this Section will lay out some alternative, non-exhaustive solutions in accordance with the Declaration on Friendly Relations. Firstly, ‘free association’ with an independent State is considered, in which a space is carved out within a territory for the environmentally and externally peoples to voluntarily move as a collective unit, perhaps on an island territory.
It will not be a fully sovereign territory, and the level of autonomy granted will depend on each arrangement, but at any rate, it must respect the characteristics and collective identity of
175ibid.
174Angell (n 119) 101.
the original territory and its peoples and separate to the pre-existing State,176and their governments must have the power “to determine [their] internal constitution without outside interference”.177
This is a well-established form of autonomy in the region of the Pacific. For example, the Cook Islands and Niue are international entities freely associated with New Zealand.
Although they lack total sovereignty and remain within the realm of New Zealand, McAdam notes that they maintain a lot of independence in reality. Their political institutions have full executive, legislative and judicial power over its own affairs, and New Zealand may not interfere in this regard unless requested, or previously authorised, to do so.178Additionally, they are represented at the United Nations by New Zealand, but are themselves members of certain United Nations agencies. Admittedly, this solution may have its drawbacks for environmentally and externally displaced peoples from island States which seek full
sovereignty, such as Nauru. However, it might be the case that island States stand to benefit from such an association. The Cook Islands and Niue have the advantage of full “citizenship, economic assistance and political support” from New Zealand if requested.179This could provide much needed security to reconstituted SIDS which are classified as developing and face much economic disadvantage.
Furthermore, environmentally and externally displaced peoples could elect to exercise their external self-determination rights by fully merging or integrating with another State. This would eradicate all claims of territorial jurisdiction or sovereignty, as in theory they would become citizens of the host State, acquiring its nationality and assimilating into its political institutions. However, the peoples could retain a level of autonomy through internal
self-determination, by actively pursuing civic participation and the fulfillment of their cultural, social and economic rights. SIDS could ensure that the merger agreement between
179ibid.
178ibid McAdam.
177ibid Principle II(b). As cited in: McAdam (n 130) 153.
176Principles which should guide members in determining whether or not an obligation exists to transmit the information called for under Article 73e of the Charter G.A. Res. 1541 (XV) (1960), Principle VII(a).
both States comes with guarantees that the relocated populations would be treated equally to the original inhabitants of the State, and that they could also maintain their own cultural identity and traditions as a community within the State.
As a drawback, this solution would not guarantee the survival of statehood, and as a result many SIDS may outright dismiss this as a viable option. However, it is submitted that a sense of cultural identity is just as important to SIDS inhabitants as retaining their international political status. If SIDS inhabitants prioritise “the maintenance of community and culture, rather than ‘the State’ per se”,180then perhaps this loss of statehood will not be detrimental to negotiations. A lack of sovereignty need not be detrimental to collective and permanent relocation plans, and mergers may therefore be considered as acceptable exercises of self-determination.
Lastly, there is the option of exercising self-determination rights by purchasing territory, ideally from geographical proximate States. This an attractive option for SIDS inhabitants who wish to avoid the “difficulty of ceding territory”,181and has already been pursued by Kiribati. Environmentally and externally displaced peoples would then relocate as a whole to the newly purchased land to continue their lives. What is attractive about this option is the control the SIDS can have over the relocation, as once the land is purchased it is theirs with which to do as they please. However, one must remember the difference between private property ownership rights, which pass to the purchasing party, and territorial sovereignty, and jurisdiction over the territory, which remains with the selling party.182
There are many ways in which environmentally and externally displaced peoples may achieve collective and permanent relocation. Although the full cession of sovereign territory is proposed as the desired option for displaced peoples, this may surpass the will of the international community at this moment. It is submitted that a reconceptualisation is required,
182Allen (n 165) 11.
181Willcox (n 108) 157.
180ibid.
in regards to conventional ideas of statehood, as well as whether sovereignty is the ultimate goal of self-determination. Environmentally and externally displaced peoples may have to consider lower levels of autonomy in order to secure their safe and long-lasting future.
Conclusion
This research explored avenues in international law which could provide for the protection of environmentally and externally displaced peoples, and allow them to pursue collective and permanent relocation. The right to self-determination has the power to radically evolve the conventional order of the international community, and could be expanded and utilised to assist these peoples in securing their destiny as a collective unit. However, this research has illustrated that the plight of environmentally and externally displaced peoples will not be so easily resolved. Multiple obstacles stand in the way of their safe future. In order to face this threat head-on, fresh perspectives as to the rights of peoples, how States must be constituted, and the various ways self-determination can be realised, must be considered by the
international community.
Although these issues are far from resolved, it is hoped that this research provides an illuminating perspective on the urgent needs of environmentally and externally displaced peoples, should a day come when they can no longer call their territory home. Above all else, we require a global recognition that this looming threat to island States constitutes a crisis of humanity towards every member of the international community, and as such, it must be the concern of all.
Table of Cases:
- Case Concerning the Barcelona Traction, Light and Power Company Limited (Belgium v Spain) [1970] ICJ Reports 3.
- Case Concerning East Timor (Portugal v Australia) [1995] ICJ Reports 1995 4.
- Views adopted by the Human Rights Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2728/2016 (CCPR/C/127/D/2728/2016).
- Western Sahara Case, Advisory Opinion, Separate Opinion of Judge Dillard [1975]
ICJ Reports 12.
Table of Legislation:
- African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa 2009.
- Charter of the United Nations 1945.
- Convention Relating to the Status of Refugees 1951.
- Declaration on the Granting of Independence to Colonial Countries and Peoples, G.A.
Res. 1514 (XV) 1960.
- Declaration on Principles of International Law Concerning Friendly Relations and Co-Operation Among States in Accordance with the Charter of the United Nations G.A. Res. 2625 (XXV), 1970.
- International Covenant on Civil and Political Rights 1966.
- International Covenant on Economic, Social and Cultural Rights 1966.
- Kyoto Protocol to the UN Framework Convention on Climate Change 1998.
- Montevideo Convention on the Rights and Duties of States 1933.
- Principles which should guide members in determining whether or not an obligation exists to transmit the information called for under Article 73e of the Charter G.A. Res.
1541 (XV), (1960).
- Protocol relating to the Status of Refugees, 1967.
- Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa 1969.
- United Nations Framework Convention on Climate Change 1992.
- Universal Declaration of Human Rights (“UDHR”) (The United Nations) 1948.
- Vienna Convention on the Law of Treaties 1969.
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