By Losirene Lacanivalu, Cook Islands News
Cook Islands National Council for Women president Vaine Wichman Photo: Cook Islands News
Cook Islands has welcomed a landmark decision delivered by a top United Nations court allowing countries to sue other countries over climate change.
The non-binding ruling from the International Court of Justice (ICJ) in The Hague, Netherlands, on Wednesday has been hailed as a major win for smaller island states such as the Cook Islands suffering from the impacts of climate change.
Cook Islands National Council for Women president Vaine Wichman, who made a submission to the ICJ during a hearing in December last year, yesterday welcomed the decision.
"The critics of this unbinding legal agreement would say…oh well, it's not binding. They miss the point. It is documented in the highest legal court of the world," Wichman said.
"Women have a strong faith in believing that how you treat someone or something will reflect on you one day. Everyone knows the story of David and Goliath. Need I say more?"
In its ruling, the ICJ said that developing nations have a right to seek damages for the impacts of climate change, such as destroyed buildings and infrastructure. It added that where it is not possible to restore a part of a country, its government may then seek compensation.
The court's opinion was the culmination of six years of advocacy and diplomatic manoeuvering, which was started by 27 University of the South Pacific law students in Vanuatu in 2019. They were frustrated at what they saw as a lack of action to address the climate crisis and saw current mechanisms to address it as woefully inadequate, RNZ Pacific reported.
Their idea was backed by the government of Vanuatu, which convinced the UN General Assembly to seek the court's advisory opinion on what countries' obligations are under international law.
President of the International Court of Justice Yuji Iwasawa (C) and other members of the top UN court as it handed down a landmark ruling on climate change. Photo: JOHN THYS / AFP
The court's 15 judges were asked to provide an opinion on two questions: What are countries obliged to do under existing international law to protect the climate and environment, and, second, what are the legal consequences for governments when their acts - or lack of action - have significantly harmed the climate and environment?
In December last year, a Cook Islands delegation led by the Ministry of Foreign Affairs and Immigration (MFAI) director of the Treaties, Multilaterals and Oceans Division, Sandrina Thondoo, including foreign service officer Peka Fisher and external counsel, Auckland University senior lecturer Fuimaono Dylan Asafo, made submissions before the ICJ in The Hague.
MFAI and Climate Change Cook Islands were contacted for comments on this landmark ruling.
Wichman, in a video submission to the ICJ on behalf of the Cook Islands National Council for Women, emphasised that Cook Islanders are the custodians of many natural and cultural art forms and traditions. She explained that the effects of climate change have become more challenging, especially when sourcing natural fibres and materials from both the land and sea.
Reflecting on the success of their submissions and the 100 other countries and organisations, Wichman said, "The road to this decision from The Hague has been a lengthy one."
She said their submission has been "held on track by the confidence the Ministry of Foreign Affairs had in our story, backed by research support from the University of Queensland and Professor Karen McNamara, and the constant reminder from women throughout the country of the unseen but significant impact happening".
Highlighting their submission, Wichman said being key custodians of many natural and cultural art forms and traditions, our women make and sell cultural handicrafts.
These crafts vary in design and production from island to island and women produce these as a source of income and as part of their gift-giving obligation to island and family events.
"The production of handicrafts is mainly based in the informal invisible sector. Often, this means that our women producers are not able to attract resources and support to assist in protecting the raw materials they rely on," Wichman said.
"This is a gender equality issue because women's food and handicraft products are not acknowledged in the production side of the country's national accounts.
"The effects of climate change have compromised handicraft production even further."
Wichman said that today, sourcing natural fibres and materials from both the land and sea is challenging.
"Warmer temperatures are wreaking havoc on both ecosystems, adversely affecting handicraft production. Also, our women are concerned about the non-economic loss and damage to their raw material ecosystems. The authenticity of our cultural products has eroded," she said.
"This erosion influences the breakdown in family traditions, cultural identity and the practice of our Maori language."
-This article was first published by Cook Islands News.
