A man from the low-lying South Pacific nation of Kiribati has asked a New Zealand court to let him pursue his claim as a climate change refugee. Ioane Teitoa, 37, appeared in the Auckland High Court with his wife and three young children, who were all born in New Zealand. Mr Teitoa has lived in New Zealand for six years, most recently as an illegal immigrant after his work visa expired. His bid to stay in the country as a refugee was rejected by an immigration tribunal, but he is appealing against the decision. His lawyer Michael Kidd argues that Mr Teitoa faces persecution or harm if he returns to Kiribati because of flooding, sickness, and water and food shortages caused by rising sea levels. Kiribati, part of former British colony the Gilbert and Ellice Islands, comprises 32 atolls and one raised coral island straddling the Equator halfway between Australia and Hawaii. Spread over 3.5 million square kilometres of ocean, it has a population of more than 100,000, but its average height of 2 metres above sea level makes Kiribati one of the countries most vulnerable to rising waters and other climate change effects. Theres no future for us when we go back to Kiribati, Mr Teitoa told the appeal tribunal, adding that a return would pose a risk to his childrens health. Mr Kidd says the case is targeting outdated refugee laws. The refugee convention which came into effect at the end of the second world war needs to be changed, to incorporate people who are fleeing climate catastrophe, and whats happening to Kiribati in the next 30 years is a catastrophe, Mr Kidd told Radio New Zealand. New Zealands Immigration and Protection Tribunal accepted the genuineness of Mr Teitiotas claims, but said he was in the same position as other residents of Kiribati, which itself is taking action to avert the impact of rising sea levels. The High Court has reserved its decision. Last month, leading climate scientists said they were more certain that human activity was the main cause of global warming, which would bring rising sea levels to swamp coasts and low-lying islands. Mr Teitiotas claim for refugee status spelled out how high tides breached seawalls and rising ocean levels were contaminating drinking water, killing crops and flooding homes. Kiribati has bought land in Fiji to grow food and build a potential resettlement site for people displaced by rising seas. It is trying to give its people skills to become more attractive as immigrants, an approach it calls migration with dignity. New Zealand and Australia, the two most developed countries in the South Pacific, have resisted calls to change immigration rules in favour of Pacific people displaced by climate change. Jane McAdam, an expert on refugee law at Sydneys University of New South Wales, says while conditions in Kiribati are difficult, there is little chance they fall within the scope of the refugee convention or the UN human rights convention. She says there is certainly not the political will to extend the laws to include climate change impacts. We need a whole toolbox of responses, Ms McAdam said. We need to be looking at adaptation, we need to be looking at migration as a form of adaptation, we need to be looking at disaster risk reduction and then, of course, we need to look at humanitarian protection and assistance.
Posted on: Wed, 16 Oct 2013 11:09:08 +0000
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