Climate Change and Indigenous Rights: The Case of Yakel Village, Vanuatu

Introduction

The women of Yakel, a kastom village on Tanna Island in the Republic of Vanuatu, experience a profound sense of shame when unable to perform their customary duties, particularly the ritual of Nahunu. This ritual involves preparing food and drink for the Imalul, the spiritual center of the village, connecting the community with their ancestors. The failure to perform these rituals, caused by environmental degradation, represents a rupture between the self and the sacred, deeply impacting cultural and spiritual life.

Impact of Climate Change on Yakel and Indigenous Practices

Climate change has intensified natural disasters such as landslides and storms, devastating local gardens and forcing women to undertake arduous journeys to reach relocated arable lands. This environmental crisis disrupts essential rituals, leading to spiritual disconnection and severe emotional and physical health consequences for the women. The loss of the yam crop, central to Yakel’s cultural identity and social governance, signifies not only a loss of food but also the collapse of Indigenous timekeeping, storytelling, and social cohesion.

Legal Advocacy and International Climate Justice

Blue Ocean Law, representing Vanuatu and allied groups, has engaged in historic legal proceedings before the International Court of Justice (ICJ) to clarify states’ obligations under international law regarding climate change. This case emphasizes the following Sustainable Development Goals (SDGs):

1. SDG 13: Climate Action – Addressing the legal responsibilities of states to prevent climate harm.
2. SDG 16: Peace, Justice, and Strong Institutions – Seeking accountability and legal clarity through international law.
3. SDG 2: Zero Hunger – Highlighting the impact of climate change on food security and traditional agriculture.
4. SDG 3: Good Health and Well-being – Addressing health impacts caused by environmental and emotional stress.
5. SDG 10: Reduced Inequalities – Advocating for vulnerable communities disproportionately affected by climate change.

Key Legal Questions Addressed

• What are the international legal obligations of states to protect the climate system and environment from anthropogenic greenhouse gas emissions?
• What are the legal consequences for states causing significant harm, especially to vulnerable small island developing states and future generations?

International Law and Indigenous Governance

The case underscores the intersection of customary international law, human rights law, and the right to self-determination, all threatened by climate degradation. Indigenous governance systems in Melanesia exemplify sustainable, place-based relationships that international law must recognize and protect. These systems align with SDG 15 (Life on Land) and SDG 11 (Sustainable Cities and Communities) by promoting ecological balance and cultural preservation.

Testimonies from Melanesian Communities

Communities across Melanesia, including Papua New Guinea, Fiji, Solomon Islands, and New Caledonia, report severe disruptions to their cultural practices, livelihoods, and spiritual connections due to climate change:

• Forced relocations and loss of ancestral lands.
• Destruction of traditional fishing grounds and agricultural practices.
• Decline in biodiversity affecting cultural and ecological systems.

These impacts highlight the urgent need for climate justice and reparations, supporting SDG 1 (No Poverty) and SDG 6 (Clean Water and Sanitation).

Legal and Moral Imperatives for Climate Reparations

Vanuatu and allied states advocate for:

• Recognition of binding international legal obligations to prevent climate harm.
• Accountability for states whose actions have caused climate damage.
• Implementation of cessation measures to reduce emissions and regulate polluting industries.
• Provision of reparations, including restitution, compensation, and satisfaction for irreversible cultural and environmental losses.

This aligns with SDG 10 (Reduced Inequalities) and SDG 16 (Peace, Justice, and Strong Institutions).

The Role of the International Court of Justice

The ICJ advisory opinion, while not legally binding, carries significant moral and legal authority. It has the potential to:

• Shape international norms and strengthen climate diplomacy.
• Support legal claims for reparations by frontline communities.
• Advance the enforcement of international legal obligations related to climate change.

Conclusion

The struggle of Yakel and other Melanesian communities exemplifies the broader fight for climate justice and the recognition of Indigenous rights within the framework of the Sustainable Development Goals. Their experiences call for a global response grounded in legal accountability, cultural respect, and sustainable development to ensure the protection of vulnerable peoples and the planet.

1. Sustainable Development Goals (SDGs) Addressed or Connected to the Issues Highlighted in the Article

1. SDG 13: Climate Action
   • The article focuses heavily on climate change impacts, legal obligations to reduce greenhouse gas emissions, and climate justice.
2. SDG 2: Zero Hunger
   • Loss of yam harvests and food insecurity in Yakel and other communities are highlighted.
3. SDG 3: Good Health and Well-being
   • Health impacts such as strokes and premature death among women due to physical and emotional strain are mentioned.
4. SDG 6: Clean Water and Sanitation
   • Loss of freshwater supplies due to sea level rise and saltwater intrusion is discussed.
5. SDG 14: Life Below Water
   • Decline in marine species such as fish, crustaceans, and sharks affecting Indigenous communities.
6. SDG 15: Life on Land
   • Destruction of arable land, forests, and traditional gardens due to landslides and storms.
7. SDG 16: Peace, Justice and Strong Institutions
   • Legal actions before the International Court of Justice and the call for accountability and reparations.
8. SDG 17: Partnerships for the Goals
   • International cooperation among states, Indigenous peoples, and organizations in climate litigation and advocacy.
9. SDG 11: Sustainable Cities and Communities
   • Relocation of communities due to climate impacts and loss of cultural heritage.
10. SDG 10: Reduced Inequalities
    • Focus on vulnerable communities disproportionately affected by climate change and excluded from decision-making.

2. Specific Targets Under Those SDGs Identified Based on the Article’s Content

1. SDG 13: Climate Action
   • Target 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters.
   • Target 13.2: Integrate climate change measures into national policies, strategies, and planning.
   • Target 13.3: Improve education, awareness-raising and human and institutional capacity on climate change mitigation, adaptation, impact reduction, and early warning.
2. SDG 2: Zero Hunger
   • Target 2.1: End hunger and ensure access by all people to safe, nutritious and sufficient food all year round.
   • Target 2.4: Ensure sustainable food production systems and implement resilient agricultural practices.
3. SDG 3: Good Health and Well-being
   • Target 3.4: Reduce premature mortality from non-communicable diseases through prevention and treatment.
   • Target 3.8: Achieve universal health coverage, including access to quality essential health-care services.
4. SDG 6: Clean Water and Sanitation
   • Target 6.1: Achieve universal and equitable access to safe and affordable drinking water.
   • Target 6.2: Achieve access to adequate and equitable sanitation and hygiene.
5. SDG 14: Life Below Water
   • Target 14.2: Sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts.
6. SDG 15: Life on Land
   • Target 15.1: Ensure the conservation, restoration and sustainable use of terrestrial ecosystems.
   • Target 15.2: Promote the implementation of sustainable management of all types of forests.
7. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
8. SDG 17: Partnerships for the Goals
   • Target 17.16: Enhance the global partnership for sustainable development.
   • Target 17.17: Encourage and promote effective public, public-private and civil society partnerships.
9. SDG 11: Sustainable Cities and Communities
   • Target 11.5: Reduce the number of deaths and the number of people affected by disasters.
   • Target 11.7: Provide universal access to safe, inclusive and accessible green and public spaces.
10. SDG 10: Reduced Inequalities
    • Target 10.2: Empower and promote the social, economic and political inclusion of all.

3. Indicators Mentioned or Implied in the Article to Measure Progress Towards the Identified Targets

1. Climate Action Indicators
   • Frequency and intensity of climate-related disasters (e.g., landslides, storms, flooding).
   • Greenhouse gas emissions levels and reductions by states.
   • Number of states complying with international climate obligations.
   • Legal actions and rulings related to climate justice and state accountability.
2. Zero Hunger Indicators
   • Number of successful harvests (e.g., yam harvests in Yakel).
   • Prevalence of hunger and food insecurity in affected communities.
3. Good Health and Well-being Indicators
   • Incidence of health issues linked to climate stress (e.g., strokes, premature deaths).
   • Access to health services in relocated or affected communities.
4. Clean Water and Sanitation Indicators
   • Access to safe and sufficient freshwater in affected communities.
   • Impact of saltwater intrusion on freshwater sources.
5. Life Below Water Indicators
   • Population trends of marine species such as fish, crustaceans, sharks, and whales.
   • Health of marine ecosystems and fishing grounds.
6. Life on Land Indicators
   • Extent of arable land lost due to climate events.
   • Forest and vegetation cover changes.
7. Peace, Justice and Strong Institutions Indicators
   • Number of international legal cases and advisory opinions on climate change.
   • Implementation of legal rulings and reparations.
8. Partnerships for the Goals Indicators
   • Number and diversity of states and organizations participating in climate legal actions.
   • International agreements and resolutions adopted.
9. Sustainable Cities and Communities Indicators
   • Number of community relocations due to climate impacts.
   • Access to safe and culturally appropriate housing and infrastructure.
10. Reduced Inequalities Indicators
    • Inclusion of vulnerable and Indigenous peoples in climate decision-making processes.
    • Equity in distribution of climate adaptation resources.

4. Table of SDGs, Targets, and Indicators

Source: rollingstone.com