An Alternative Home? ASEAN and Pacific Environmental Migration

An Alternative Home? ASEAN and Pacific Environmental Migration ASEAN is in a unique position to push for heightened global awareness and action for the vulnerable Pacific populations facing the possibility of relocation. Yet, it is strangely silent on the issue. ASEAN has both moral and legal obligation to not to turn its back on its Pacific neighbours. Morally, ASEAN – or at least most of it – is part of the western fringes of the Pacific region. It is proximate to many Pacific nations, and it has both the resources and landmass to help: two of the world’s largest archipelagos are ASEAN members. The obligations of humanity and justice require larger and more developed states aid and assist their more vulnerable neighbours. Legally, ASEAN may learn from the African Union (AU) experience. While AU accepted the UN Refugee Convention definition of ‘refugee,’ it expanded it to include those compelled to leave their country owing to ‘events seriously disturbing public order.’ Many scholars believe this includes the environmentally displaced. ASEAN can choose to take on the easy path of insularity and parochialism as regards the looming issue on environmental migration, or it can take the high road by transforming itself into a dynamic regional actor pushing for clear policies on how to address it. Displacements are by nature traumatic and carry with them the impoverishments of landlessness, joblessness, homelessness, marginalization, increased morbidity and mortality, food insecurity, loss of access to common property resources, and social disarticulation. ASEAN can do much to help its vulnerable neighbors. As a bloc, it is a strong voice that can speak to the larger international community asking it to help address the issue

Circular Migration as Climate Change Adaptation: Reconceptualising New Zealand´s and Australia’s Seasonal Worker Programs

This paper looks into an aspect of adaptation, namely the role of the circular migration as climate change adaptation. It focuses on two of the Pacific region’s recently well -known seasonal labor schemes, Namely Australia’s Seasonal Workers Program (SWP) and New Zealand ‘s recognized Seasonal Employer Scheme (RSE), and asks if beyond the current goals the schemes May be reconceptualsed as adaptation programs responsive not only towards developmental and economic Concerns but the wider (and interconnected With the first two) climate change challenges. According to MacDermott and Opeskin, labor mobility schemes, for the sending country focus on the “development perspective “such as (a) Employment Opportunities, (b) Regular benefits of Remittances and (c) skills enhancement, while receiving countries country can meet the challenges posed by labor shortages in seasonal industries where “a reliable workforce is lacking”

Migration for Environmentally Displaced Pacific Peoples: Legal Options in the Pacific Rim

This paper explores the complex relationship between the environment and migration, namely the various protection options available for environmentally-displaced Pacific peoples under the laws of the United States, Canada, Australia, and New Zealand. It seeks to ascertain whether flexibility exists in these countries' domestic laws for environmental migrants from neighboring Pacific countries. It asks if humanitarian and ministerial discretion admissions and preferential admission schemes sufficiently address potential Pacific island relocations brought about by global warming and climate change, and identifies both opportunities and challenges in legislation.This paper argues that in the absence of an international legal protection regime for environmental migrants, states need to expand immigration opportunites for persons fleeing from environmental threats. In recent decades, the four above-mentioned Pacific Rim states have developed relatively open and liberal migration policies, albeit not specifically geared towards environmental migration. Admitting environmental migrants under equitable and just terms is not only in line with the fundamental values and interests of these Pacific Rim states, but it is also central to their ethical, humanitarian, and domestic legal obligations, although the latter are ad hoc and limited

Migration for Environmentally Displaced Pacific Peoples: Legal Options in the Pacific Rim

This paper explores the complex relationship between the environment and migration, namely the various protection options available for environmentally-displaced Pacific peoples under the laws of the United States, Canada, Australia, and New Zealand. It seeks to ascertain whether flexibility exists in these countries' domestic laws for environmental migrants from neighboring Pacific countries. It asks if humanitarian and ministerial discretion admissions and preferential admission schemes sufficiently address potential Pacific island relocations brought about by global warming and climate change, and identifies both opportunities and challenges in legislation. This paper argues that in the absence of an international legal protection regime for environmental migrants, states need to expand immigration opportunites for persons fleeing from environmental threats. In recent decades, the four above-mentioned Pacific Rim states have developed relatively open and liberal migration policies, albeit not specifically geared towards environmental migration. Admitting environmental migrants under equitable and just terms is not only in line with the fundamental values and interests of these Pacific Rim states, but it is also central to their ethical, humanitarian, and domestic legal obligations, although the latter are ad hoc and limited.20 page(s

The Banaban resettlement : implications for Pacific environmental migration

28 page(s

Social and cultural protection for environmentally displaced populations : Banaban minority rights in Fiji

The effects of global warming are now being felt in various parts of the world. Few aspects of social and cultural life are likely to remain unaffected. The Pacific is widely regarded as one of the most vulnerable regions. Among the impacts of longterm environmental changes will be community migration and displacement. While most displacements are projected to be internal and temporary, for low lying atoll states in the Pacific permanent international relocation may be the only option. This article examines social and cultural rights of environmental migrants, and focuses on the Banaban resettlement in Fiji as a case study on minority rights protection of an environmentally- displaced population. While the Banaban displacement was not due to climate change but to long-term impacts of phosphate extraction on Banaba Island, the Banaban experience provides important lessons on the role of minority rights in the protection of culture and identity of environme ntallydisplaced communities. That the Banabans retained their collective identity and under existing Fijian law are allowed to maintain their indigenous system of self-government as well as use their native language are proofs of the resettlement's success. However, Banaban minority protection is no longer as secure as it once seemed to be. Recent developments in Fiji threaten to veer away from minority rights protection and ethnic diversity. Ethnic or cultural minorities, including those displaced by environmental triggers, have distinct customs, traditions and histories requiring legal protection as well as physical and social space to thrive. The protection of cultural diversity promoting a balance of cultural identity retention and acculturation as a by-product of a healthy interaction with the host society constitute a component of successful long-term resettlement.23 page(s

Pacific environmental migration in a warming world : is there an obligation beyond state borders?

25 page(s

'Beyond the Flickers'

Short story by Gil Marvel P. Tabucanon (The Philippines) selected for the 2011 New Asian Writing Short Story Anthology.1 page(s

Protection for resettled island populations : the Bikini resettlement and its implications for environmental and climate change migration

In the mid-1940s, Bikini Islanders were resettled to make way for the use by the United States of Bikini atoll as a nuclear weapons testing site. Although the relocation to another atoll was with the Bikinians' ostensible consent, it was in truth a forced migration. The Bikinian resettlement is a significant case study on environmental migration in that it produced longstanding losses (cultural, material, and spiritual) and deep frustrations, the effects of which last up to today. How inadequate preparation, poorly conceived compensation, and the failure to understand the Bikinians' deep attachment and connection to their island of origin produced profound irritations through the generations. The paper concludes that resettlement is not only about relocating to a new place, but about making such relocation sustainable. Both international and national law have a role to play in protecting indigenous peoples' collective rights over their land, culture, and resources. If island communities are to be resettled at all due to unavoidable environmental conditions, policy and legal frameworks should minimize, if not avoid, expected material and cultural losses. Bikini's experience continues to provide important lessons for environmental and climate change-induced migrations in the world today.35 page(s

Legal writing : a compentency-based approach

Legal Writing : A Competency-Based Approach is a reference material intended for students and practitioners of law. It presents to them an easier approach to construct legal pleadings with samples. It also provides them with definitions of legal terms for better understanding and simple, but useful tips to enhance their legal writing skill.173 page(s