Friday 4 September 2015

ADP Text 11/6/15 Revision: Section E: Loss & Damage.



Within the 11/6/15 negotiating text the issue of Loss & Damage is covered almost as a footnote within Section E. The reason why I have covered it in a separate post here is simply because of the limits on space within this blog.

However I think that Loss & Damage needs to be covered by a separate section within the agreement for the simple reason that it is a separate process that goes beyond mitigation or adaptation. For example mitigation may be able to reduce temperatures that cause drought and adaptation may develop a water management system that helps farmland better cope with drought. However there remains a point where drought becomes so bad that desertification takes over and farmland is permanently lost. It is at this point that Loss & Damage becomes an issue.

Unfortunately Loss & Damage has long been something of a neglected issue. As such the research isn't really there to explain the complex causes of Loss & Damage either to assign blame or to provide early warnings to allow preventative action being taken. Once Loss & Damage has occurred by definition there is very little that can be done about it. For example if some of the Pacific islands do become overwhelmed by rising sea levels then the only advice science can give to their governments is really; "Find a new Island."

As such within the agreement the primary function in regards to Loss & Damage needs to be to increase our observation, knowledge and understanding of the issue. In the first instance this is to help develop early warning systems to prevent Loss & Damage occurring. In the longer term this increased knowledge may help nations/regions affected by Loss & Damage make restitution through existing international mechanisms such as the International Court of Justice.

Due to a lack of understanding of Loss & Damage  it is likely to be a long time before restitution through this type of international body is going to be viable. Therefore in the meantime the financial mechanism of the UNFCCC such as the Green Climate Fund (GCF) need to make compensation for Loss & Damage available although at a lower priority then assistance for mitigation and adaptation because these prevent further Loss & Damage.

Rather then being focused on assigning blame this mechanism should function as a blind fund with all parties being under an obligation to make a contribution - even if it is domestic funding that doesn't physically go through the mechanism. Nations and communities that have been affected by Loss & Damage then claim from the fund with an obvious priority going to poorer nations.

In terms of finding appropriate language to make all that a reality within the agreement the current draft none of the five options are really viable. Not only that they don't even give me much to work with in terms of bodging together a compromise. However my best attempt is as follows;

"1. Parties recognise that inadequate mitigation and insufficient adaptation lead to more loss and damage and that financial and technical support needs to be made available to vulnerable countries and communities to address Loss and Damage from both extreme events and slow onset events.

2. An international mechanism to address loss and damage is hereby established under this Protocol.

3. The purpose of the international mechanism on loss & damage  is to develop and implement approaches to address losses and damages associated with the impacts of climate change, including, inter alia, extreme events and slow onset events, in countries that are particularly vulnerable to the adverse effects of climate change.

4. To this end all Parties are encouraged to develop early warning systems and risk management plans for both extreme events and slow onset events and communicate them to the secretariat as part of their national communications, in accordance with the modalities and procedures to be developed and adopted by the governing body.

5. The Warsaw International Mechanism shall serve this agreement as a process with modalities and procedures to be developed and adopted by the governing body.

6. The international mechanism on loss and damage shall draw upon and further develop the work undertaken pursuant to decisions 3/CP.18, 2/CP.19 and 2/CP.20, including the development of modalities and procedures for the mechanism’s operation and support. It will involve, as appropriate, existing bodies and expert groups under the Convention, as well as relevant organisations and expert bodies outside the Convention, and be informed by relevant precedents in international law.

7. The international mechanism on loss and damage shall be subject to the authority and guidance of the governing body and the COP serving as the meeting of the Parties to this Protocol.

8. Under the guidance of the international mechanism on loss and damage the governing body/COP will instruct the financial mechanisms of the agreement; Least Developed Countries Fund (LDCF), the Special Climate Change Fund (SCCF), the Green Climate Fund (GCF) and the Least Developed Countries Expert Group to;

            (a). Establish regional risk pools to support regional risk transfer schemes;
            (b). Provide support for micro-finance initiatives;
            (c). Explore compensation finance for slow onset events.

9. A clearing house for risk transfer is hereby established  to;

            (a). Provide a repository for information on insurance and risk transfer;
            (b). Assist Parties in developing risk management strategies and finding best insurance   schemes;
            (c). Facilitate financial support for rehabilitation.

10. The governing body shall develop arrangements relating to loss and damage through the establishment of a climate change displacement coordination facility to;

            (a). Advise and assist in providing organized migration and planned relocation;
               (b). Establish procedures for coordinating compensation measures."

I think that this wording firmly establishes that issues of Loss & Damage is to be addressed under this agreement. However I think it is also leaves the text itself loose enough for those issues to be addressed as part of a mechanism to be developed separately. This allows for the approach to be refined as our knowledge increases through the development of things such as the Warsaw mechanism.

15:05 on 4/9/15 (UK date).

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