Evolution of Loss and DamageFrom Climate Change Impacts & COP22 Outcomes

Vositha WijenayakeAttorney-at-Law, Executive Director of SLYCAN Trust

The Concept of Loss and Damage

■ Adapting to climate change is not enough, impacts of climate change are already felt, and losses and damages from climate change already being experienced. For example crop loss, damage to agriculture from droughts

■ Loss and damage refers to negative effects of climate variability and climate change that people have not been able to cope with or adapt to. This includes the inability to respond adequately to climate stressors and the costs and adverse effects. Such costs and adverse effects can be both economic and non-economic.

■ Loss and damage is also related to mitigation, as the potential costs of future climate change depend to a large extent on the intensity of climatic disruptions, which in turn depend on mitigation efforts globally.

Evolution of the Concept of Loss & Damage

■ Outcomes of COP13: Bali Action Plan (FCCC/CP/2007/6/)

(c) Enhanced action on adaptation, including, inter alia, consideration of:

(i)…

(ii) Risk management and risk reduction strategies, including risk sharing and transfer mechanisms such as insurance;

(iii) Disaster reduction strategies and means to address loss and damage associated with climate change impacts in developing countries that are particularly vulnerable to the adverse effects of climate change;

Evolution of the Concept of Loss & Damage

■ Outcomes of COP16: Cancun Adaptation Framework FCCC/CP/2010/7/

(e) Enhancing climate change related disaster risk reduction strategies, taking into consideration the Hyogo Framework for Action, where appropriate, early warning systems, risk assessment and management, and sharing and transfer mechanisms such as insurance, at the local, national, sub regional and regional levels, as appropriate;

(f) Measures to enhance understanding, coordination and cooperation with regard to climate change induced displacement, migration and planned relocation, where appropriate, at the national, regional and international level

Recognized the need to strengthen international cooperation and expertise in order to understand and reduce loss and damage associated with the adverse effects of climate change, including impacts related to extreme weather events and slow onset events

Evolution of the Concept of Loss & Damage

■ Outcomes of COP16: Cancun Adaptation Framework FCCC/CP/2010/7/

Decided to establish a work programme in order to consider, including through workshops and expert meetings, as appropriate, approaches to address loss and damage associated with climate change impacts in developing countries that are particularly vulnerable to the adverse effects of climate change;

Invited Parties and relevant organizations to submit to the secretariat, views and information on what elements should be included in the work programme, including the following: possible development of a climate risk insurance facility to address impacts associated with severe weather events;

Options for risk management and reduction, risk sharing and transfer mechanisms such as insurance, including options for micro-insurance, and resilience building, including through economic diversification;

Approaches for addressing rehabilitation measures associated with slow onset events and engagement of stakeholders with relevant specialized expertise;

Evolution of the Concept of Loss & Damage

COP 18: Outcomes in Durban

Noted that there are important linkages between extreme weather events and slow onset events, and the importance of building comprehensive climate risk management approaches;

Agreed that the role of the Convention in promoting the implementation of approaches to address loss and damage associated with the adverse effects of climate change includes:

(a) Enhancing knowledge and understanding of comprehensive risk management approaches to address loss and damage associated with the adverse effects of climate change, including slow onset impacts;

(b) Strengthening dialogue, coordination, coherence and synergies among relevant stakeholders;

(c) Enhancing action and support, including finance, technology and capacity building, to address loss and damage associated with the adverse effects of climate change;

Evolution of the Concept of Loss & Damage

COP 18: Outcomes in Durban

Identified the areas that were later to be action areas of the Warsaw International Mechanism on Loss and Damage

Taking into account common but differentiated responsibilities and respective capabilities and specific national and regional development priorities, objectives and circumstances, to enhance action on addressing loss and damage associated with the adverse effects of climate change, taking into account national development processes, by undertaking, the following:

(a) Assessing the risk of loss and damage associated with the adverse effects of climate change, including slow onset impacts;

(b) Identifying options and designing and implementing country-driven risk management strategies and approaches, including risk reduction, and risk transfer and risk sharing mechanisms;

(c) The systematic observation of, and data collection on, the impacts of climate change, in particular slow onset impacts, and accounting for losses, as appropriate;

Evolution of the Concept of Loss & DamageCOP 18: Outcomes in Durban

Provided to take into account common but differentiated responsibilities and respective capabilities and specific national and regional development priorities, objectives and circumstances, to enhance action on addressing loss and damage associated with the adverse effects of climate change, taking into account national development processes, by undertaking, the following:

(d) Implementing comprehensive climate risk management approaches, including scaling up and replicating good practices and pilot initiatives;

(e) Promoting an enabling environment that would encourage investment and the involvement of relevant stakeholders in climate risk management;

(f) Involving vulnerable communities and populations, and civil society, the private sector and other relevant stakeholders, in the assessment of and response to loss and damage;

(g) Enhancing access to, sharing and the use of data, at the regional, national and subnational levels, such as hydro meteorological data and metadata, on a voluntary basis, to facilitate the assessment and management of climate-related risk;

Evolution of the Concept of Loss & DamageCOP 19: Outcomes in Warsaw

Established the Warsaw international mechanism for loss and damage, under the Cancun Adaptation Framework, subject to review at the twenty-second session of the Conference of the Parties (November–December 2016)

Established an executive committee of the Warsaw international mechanism, which shall function under the guidance of, and be accountable to, the Conference of the Parties, to guide the implementation of functions referred to under paragraph 5 below

The executive committee to report annually to the Conference of the Parties through the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation and make recommendations, as appropriate;

The executive committee shall consist of two representatives from each of the following bodies under the Convention, ensuring that there is a balanced representation between developed and developing country Parties

The Warsaw international mechanism shall fulfil the role under the Convention of promoting the implementation of approaches to address loss and damage associated with the adverse effects of climate change, pursuant to decision 3/CP.18, in a comprehensive, integrated and coherent manner.

Evolution of the Concept of Loss & DamageCOP 19: Outcomes in Warsaw

The Warsaw international mechanism will:

(a) Facilitate support of actions to address loss and damage;

(b) Improve coordination of the relevant work of existing bodies under the Convention;

(c) Convene meetings of relevant experts and stakeholders;

(d) Promote the development of, and compile, analyse, synthesize and review information; All levels refer to national, regional and international levels.

(e) Provide technical guidance and support;

(f) Make recommendations, as appropriate, on how to enhance engagement, actions and coherence under and outside the Convention, including on how to mobilize resources and expertise at different levels;

Action Areas of the WIM (1/2)

■ Vulnerable groups (particularly vulnerable developing countries, segments of the population that are already vulnerable owing to geography, socioeconomic status, livelihoods, gender, age, indigenous or minority status or disability, …)

■ Risk management: (enhance the understanding of, and promote, comprehensive risk management approaches )

■ Slow onset event: Enhance data on and knowledge of the risks of slow onset events and their impacts, and identify ways forward

■ Non- economic loss and damage: Enhance data on and knowledge of non-economic losses associated with the adverse effects of climate change and identify ways forward

■ Capacity & coordination: Enhance the understanding of the capacity and coordination needs

Action Areas of the WIM (2/2)

■ Migration, displacement & mobility: Enhance the understanding of and expertise on how the impacts of climate change are affecting patterns of migration, displacement and human mobility

■ Financial instruments: Encourage comprehensive risk management by the diffusion of information related to financial instruments and tools that address the risks of loss and

■ Organisations: Complement, draw upon the work of and involve, as appropriate, existing bodies and expert groups under the Convention

■ 5 year rolling work plan: Develop a five-year rolling workplan for consideration at COP 22 building on the results of this two-year workplan to continue guiding the implementation of the functions of the Warsaw International Mechanism

Evolution of the Concept of Loss and DamageCOP21 Paris: Outcomes

Article 8 introduced a separate article on loss and damage (formerly treated together with adaptation)

Decided on the continuation of the Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts, following the review in 2016;

Requests the Executive Committee of the Warsaw International Mechanism to establish, according to its procedures and mandate, a task force to complement, draw upon the work of and involve, as appropriate, existing bodies and expert groups under the Convention including the Adaptation Committee and the Least Developed Countries Expert Group, as well as relevant organizations and expert bodies outside the Convention, to develop recommendations for integrated approaches to avert, minimize and address displacement related to the adverse impacts of climate change;

Article 8 of the Agreement does not involve or provide a basis for any liability or compensation

Loss & Damage in COP22

■ 2 Decisions on the WIM & and the review of the WIM

■ The Parties discussed on the role of the WIM, the review process of the WIM, and the 5yr work plan of the WIM

■ Periodical reviews to be taking place, no more than 5 years apart, next review to be in 2019

■ The review of the WIM will include: progress on the implementation of the workplan of the WIM, long-term vision that guides ways in which the WIM may be enhanced and strengthened

■ Financial support for loss and damage is/was always a key issue: technical paper to be prepared by the UNFCCC Secretariat to move forward on this discussion and include an elaboration of finance available for addressing loss and damage as described in relevant decisions, outside the Financial Mechanism, as well as the modalities for accessing it;

Loss & Damage in COP22

Recommended that the following may advance the work of the Executive Committee:

(a) Enhancing collaboration, cooperation and partnerships with bodies, entities and work programmes, including the Paris Committee on Capacity-building, within and outside the Convention;

(b) Considering the establishment of, as appropriate, additional expert groups, subcommittees, panels, thematic advisory groups or focused working groups to assist it in conducting its work and supporting its efforts to enhance action and support for loss and damage as provided for in decision 2/CP.19, paragraph 5(c)(i–iii);

(c) Improving access to, and interaction with, relevant scientific and technical panels, bodies and expertise available to the Warsaw International Mechanism

Call for Submission on Loss & Damage: Deadline 28th of February 2017

■ COP also invited Parties and relevant organizations to submit, by 28 February 2017, views and relevant inputs on possible activities under each strategic workstream as contained in the framework for the five-year rolling workplan of the Executive Committee, with a focus on workstreams (e), (f) and (g)

- Migration, displacement & mobility: Enhance the understanding of and expertise on how the impacts of climate change are affecting patterns of migration, displacement and human mobility

- Financial instruments: Encourage comprehensive risk management by the diffusion of information related to financial instruments and tools that address the risks of loss and

- Organisations: Complement, draw upon the work of and involve, as appropriate, existing bodies and expert groups under the Convention

Thank you!

vositha@gmail.com

slycantrust.org

(photo credits IISD)