Outdated land and environmental laws from colonial times are proving ineffective in safeguarding Pacific communities against climate-related conflicts, according to a High Court judge. Justice Thushara Rajasinghe made this assertion during the Pacific Voices for Global Peace dialogue, emphasizing that many Pacific nations are still governed by legal frameworks that do not address contemporary challenges such as eroding coastlines, forced migrations, and disputes over natural resources driven by climate change.
Justice Rajasinghe pointed out that the region’s environmental and land laws are significantly out of date, calling for a much-needed overhaul to adapt to the realities imposed by climate change. He highlighted that decisions regarding relocation and climate adaptation often lead to disputes, particularly when communities feel sidelined in decision-making or believe that resources are allocated unjustly.
The judge observed a troubling rise in land ownership conflicts as communities face displacement due to rising sea levels, coastal erosion, and flooding, which force them to cross traditional land boundaries. He stressed that land holds tremendous significance within Pacific cultures, tied deeply to the identity, history, and lives of its people.
Justice Rajasinghe cautioned that neglecting to reform these antiquated laws could intensify longstanding intergenerational conflicts, particularly in rural and coastal regions where traditional ownership customs clash with emerging climate pressures. He urged for urgent legal reforms, emphasizing the necessity for cultural sensitivity and genuine community involvement in the modification process.
Furthermore, he recognized the pivotal roles played by chiefs, elders, women, and youth in resolving disputes and fostering social unity. Justice Rajasinghe pointed out that when resources for adaptation and relocation are viewed as unfairly distributed, it breeds mistrust and social friction. He concluded that legal reform is essential not only for governance but for the protection of people, culture, and peace throughout the Pacific.
This call for legal reform presents an opportunity to address the vulnerabilities of Pacific communities and enhance resilience against climate change, highlighting the importance of fostering inclusive and equitable processes for sustainable development and social harmony.
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