In a historic occasion for the Melanesian Spearhead Group (MSG) to amplify the Pacific’s call for climate justice, the sub-regional bloc’s Secretariat had the rare privilege of joining Vanuatu, to open the momentous International Court of Justice (ICJ) Advisory Opinion on Climate Change proceedings on 2 December, 2024.
Following months of preparation of legal submission, the ICJ oral hearing commenced just a week after developing nations denounced a deal at COP29 in Baku, Azerbaijan, saying that the provision of US$300 billion a year in climate finance by 2035 was insufficient and a far cry from the suggested US$1 trillion a year.
During their joint opening submission, MSG and Vanuatu argued that countries with major greenhouse gas emissions should be held liable and recompense for the damages of climate change on countries most affected, in particular the Pacific region, home of the largest sub-region.
Melanesia boasts almost 50% of the EEZ, the largest population (86%), land mass (98%), GDP (91%) and by some accounts, close to 90% of the natural resources per se within the Pacific Islands Forum area.
MSG’s submission to the ICJ focused on climate change and its nefarious impact on customs and traditions, biodiversity, and youth and children, threatening the very livelihood of our people. Additionally, it was aligned to add value to the national submissions by MSG members, representing the collective interests of the Melanesian sub-region.
The event also marked the culmination of months of collecting harrowing testimonies from across communities in Melanesia—stories of struggle and sacrifice—in a desperate bid to survive against the harsh realities of climate change. From extreme weather events, disruption of the food system, and coastal inundation due to storm surges, abnormally high tides, and sea level rise, to the relocation of entire villages, among others, it is clear that for Melanesia and the Pacific, it is entirely a matter of survival.
Mr. Ilan Kiloe, MSG’s Lead Legal Counsel and head of Political, Legal & Security Affairs programme, eloquently conveyed an important message to the Court, on behalf of the Melanesian people, when he stated, “We have collected 35 testimonies from across Melanesia; through these testimonies, our people share the sacred knowledge, their sacrifice, their sufferings and their grief.”
In return, he stated, they ask only that we bring their voices to this great hall of justice, so that the Court can understand what they are going through and how much they have lost.
Melanesia, he said, is a tapestry of diverse people, each with their nown rich cultures, languages and traditions.
“We are placepersons which means we are the places, we are the landscapes, we are the waters and we are the soils, we are the stones, we are the flora and the fauna, we are the weather, the seasons and the spirits of our ancestral territories. Our people cannot be separated from their environment.
“Yet now across our sea of islands, climate change has imperiled our people’s physical survival and ripped apart the integral relationship between people and place that grounds our very existence. Simply put, climate change has unraveled the fabric of our very lives,” he stated.
The Court was asked to read the testimonies of Melanesian people with great care to better understand what climate change means for them, including the concrete impact on their right to self-determination. Mr. Kiloe explained that self-determination is at the heart of MSG’s mission, stemming from the fact that each of the MSG states emerged from colonial rule less than 50 years ago. However, climate change is now robbing them of their hard-won self-determination.
“More generally, the injustice of the climate crisis is inseparable from our shared colonial histories. The majority of the greenhouse gas emissions can be attributed to the conduct of a few readily identifiable states, some of which colonized and exploited the land, the resources and the people of Melanesia. The conduct responsible for this existential harm cannot, and I repeat, cannot be lawful under international law,” he concluded.
The argument on self-determination was central to the submission of Small Island Developing States (SIDS). It was advanced to ground obligation on historical emission and to counter submissions from biggest emitters who contended that other sources of international law does not apply and that obligation of states should be strictly assessed based on the UNFCCC and the Paris Agreement that only came into force in 2016.
Vanuatu’s Special Envoy for Climate Change & Environment, Mr. Ralph Regenvanu stated, “Our peoples have built vibrant cultures and traditions over millennia that are intimately intertwined with our ancestral lands and seas.
“Yet today, we find ourselves on the frontlines of a crisis we did not create, a crisis that threatens our very existence, and that of so many other people who have come in unprecedented numbers to be heard by this Court,” he stated.
“A handful of readily identifiable states have produced the vast majority of current and historic greenhouse gas emissions. Yet other countries, including my own, are suffering the brunt of the consequences.”
Attorney General of Vanuatu, Arnold Kiel Loughman, said that as principal legal officer of his country, he stood before the Court since domestic legal remedies are unable to address a crisis of this scope and magnitude.
Under international law he said, states have obligations “to act with due diligence to prevent significant harm to the environment, to reduce the emissions and provide support to countries like mine to protect the human rights of present and future generations.”
The stakes he said, could not be higher adding that, “The survival of my people and so many others is on the line.”
In another historic gesture, and in recognition of the work of the Pacific Islands Students Fighting Climate Change (PISFCC), an NGO comprising a young generation of climate warriors, the MSG Secretariat included in its delegation its President, Ms. Cynthia Houniuhi, and accorded the PISFCC the privilege to address the Court through the MSG platform.
Ms. Houniuhi captivated the Court with her powerful testimony of how the initiative started, and what the ICJ proceedings mean for the future generations, further reinforcing MSG’s submission on the impact of climate change on youth and children.
“Those who stand to lose are the future generations; their future is uncertain, reliant upon the decision-making of a handful of large emitting states which are responsible for climate change. These states have not only enabled but proactively encouraged the production and consumption of fossil fuels and continue to do so today,” Ms. Houniuhi said.
MSG member states reinforced this contention in their submission to the Court.
Dr. Eric Kwa, Secretary of the Department of Justice and Attorney General of Papua New Guinea, explained to the Court that climate change undermines the right to self-determination, cultural rights, and the sovereignty of Small Island States. These rights are protected under the UN Charter and Customary International Law, and must be applied accordingly.
Similarly, the Attorney General of Fiji, Graham Leung, explained to the Court that the entire corpus of international law should be applied to determine legal obligation of states. He stated, “International law requires states to ensure that activities within their borders do not cause harm to other states. States have a duty to prevent harm, protect the right to self-determination and basic human rights, and ensure a livable future for all.” He asked the Court to declare that failing to act on these obligations violates international law.
Solomon Islands Attorney General, John Muria Jnr, echoed similar sentiments, highlighting the vulnerabilities of Solomon Islands as a small island developing state suffering the severe impacts of climate change.
Mr. Kiloe appeared alongside Vanuatu’s Special Envoy for Climate Change & Environment, Ralph Regenvanu, and Attorney General Arnold Kiel Loughman. They were joined by international legal experts on climate change, including Professor Margaretta Weweinke-Singh from the University of Amsterdam, Professor Jorge E. Vinuales from Cambridge University, Mr. Julian Aguon, Principal of Blue Ocean Lawyers (an international law firm representing Vanuatu, MSG), and Cynthia, the President of the Pacific Islands Student Fighting Climate Change (PISFCC), who initially started this campaign for climate justice.
The MSG Secretariat acknowledges Blue Ocean Law, a progressive firm that operates across Oceania in the areas of indigenous righ sand environmental justice. This acknowledgment includes Mr. Aguon, Professor Weweinke-Singh, Ms. Fleur Ramsay, Ms. Autumn Bordner, Mr. Rohan Nanthakumar, and Ms. Watna Mori.
Under the overall leadership of the Director General, Leonard Louma, OBE, the Secretariat was directed by MSG Leaders during their meeting in August 2023 in Port Vila, Vanuatu, to participate in the ICJ AO proceedings and to support submissions by MSG members. The MSG Secretariat delegation to the ICJ comprised the Deputy Director General, Dr. Gregoire Nimbtik as Head of Delegation; Mr. Ilan Kiloe; and Legal Officer, Mr. Brittien Yosef.
The Court’s opinion, expected to be delivered in 2025, will clarify the legal responsibilities of states in relation to climate change and potentially strengthen legal foundations to urgent action resulting in a major reform of global climate governance.
Mrs. Tamani is in charge of Media & Communications at the MSG Secretariat.