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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