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Photo: UNFCCCMonitoring the UN Climate Negotiations
As changes in climate become more extreme, their affects are being hardest felt throughout developing countries. Since 1994, the United Nations Framework Convention on Climate Change has laid out actions to limit the increase of global average temperatures and confront the impacts of climate change.
The States that are Parties to the Convention meet every year in the so-called Conference of the Parties (COP) to review their commitments, the progress made in fulfilling them, and pending challenges in the global fight against the climate crisis.
At COP21 in 2015, they adopted the Paris Agreement, which seeks to strengthen the global response to the climate emergency, establishing a common framework for all countries to work on the basis of their capacities and through the presentation of Nationally Determined Contributions (NDC) that will:
- Limit the increase in global temperatures to 2°C compared to pre-industrial levels and continue efforts to limit it to 1.5°C;
- Increase the capacity of countries to adapt to the impacts of climate change; and
- Ensure that financing responds to the goal of reducing greenhouse gas emissions.
Our focus areas
THE CLIMATE CRISIS AND HUMAN RIGHTS
The climate crisis, due to its transversal character, has repercussions in various fields, geographies, contexts and people. In this regard, the Preamble to the Paris Agreement states that it is the obligation of States to "respect, promote and fulfill their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, the empowerment of women and intergenerational equity."
AIDA at the COP
COP25: Chile-Madrid 2019
At COP25 in Madrid, Spain, we advocated for the inclusion of the human rights perspective in various agenda items. We promoted the incorporation of broad socio-environmental safeguards in the regulation of Article 6 of the Paris Agreement, which refers to carbon markets. We closely followed the adoption of the Gender Action Plan, as well as the Santiago Network, created "to catalyze technical assistance […] in developing countries that are particularly vulnerable to the adverse affects of climate change." We also encouraged the inclusion of ambitious and measurable targets for the reduction of short-lived climate pollutants in the climate commitments of States.
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Climate negotiations: Reflections after the Bonn meeting ahead of COP29
By Florencia Ortúzar and Javier Dávalos* The 60th session of the UN Subsidiary Bodies on Climate Change (SB60) was held in Bonn, Germany, from June 3-13, 2024. These sessions, held twice a year, consist of technical meetings at which government delegates advance the agenda for international climate negotiations. The Bonn session was part of the preparations for the twenty-ninth United Nations Climate Change Conference (COP29) to be held in Baku, Azerbaijan, in November, and was guided by the agreements reached at COP28, held last year in Dubai, United Arab Emirates. AIDA participated in SB60 to bring the voice of Latin America to the negotiations from a human rights and gender perspective. The following are reflections on the four main issues addressed at the meeting: just transition, global accounting, the new financing target, and the Loss and Damage Fund. Work Programme on Just Transition On June 2 and 3, the long-awaited first dialogue took place on the Just Transition Work Programme, which was created at COP27 to address the challenges of the transition to low-carbon economies and societies. The goal is to achieve an equitable and inclusive process that promotes the protection of workers and affected communities. Civil society observer organizations noted that the principles of a just transition require an assessment of the impact of climate action on all human rights - including labor, social, economic and environmental rights - in key areas. To this end, decision-making in the work programme must include social dialogue and multiple levels of consultation with groups and communities. AIDA advocated for the justice dimension to consider the differentiated impacts of the transition in different areas of the planet, particularly in the Global South, where the extraction of transition minerals (lithium, cobalt and copper, among others) threatens fragile ecosystems, species and vulnerable communities. The problems of fossil fuel extraction are being repeated. Safeguards, participatory approaches and international cooperation are therefore relevant. It is also important to support economic diversification approaches that protect us from a new dependence on the sale of raw materials and encourage the search for new sources of income. Follow-up to the Global Stocktake Dialogue The Global Stocktake is a collective assessment mechanism to review global progress on climate mitigation, adaptation and finance every five years. The exercise will allow us to know whether global efforts are sufficient to meet the goals of the Paris Agreement to limit the global temperature rise to below 2°C, and hopefully 1.5°C. The results of the stocktaking should have a direct impact on countries' climate commitments contained in their Nationally Determined Contributions (NDCs). The text of the first stocktaking, adopted in 2023, gave way to the process of updating the NDCs, which countries must submit in 2025 and which must reinforce the historic commitment made at COP28 to phase out fossil fuels, set specific targets to reduce methane emissions, triple renewable energy, and double energy efficiency. The updated NDCs must include clear adaptation measures based on the conservation of biodiversity and key ecosystems such as the Amazon, wetlands and oceans. AIDA will monitor and follow up to ensure that countries in the region make progressive climate commitments that are consistent with what was agreed in the Global Stocktake. The new collective quantified goal on climate finance In 2009, developed countries agreed to mobilize $100 billion per year by 2020 to support climate action in developing countries. Then, in 2015, when the Paris Agreement was signed, it was agreed to set a new collective quantified goal on climate finance (NCQG). This target should be adopted in November, during COP29, and the Bonn meeting should pave the way for it. In addition, the new target will be an indicator of developing countries' ability to meet their updated NDCs, as well as a sign of fairness that could strengthen the credibility of the climate negotiation system. However, reaching an agreement has not been easy due to the number of decisions needed to outline the new target in its entirety. The most difficult point to agree on is the amount that developed countries will have to commit to. So far, they have only agreed that it should exceed US$100 billion. The Latin American countries, for their part, have not been able to propose figures based on the needs of the region. The list of countries that will contribute to the target is also still under discussion. According to the developed countries, some countries at an advanced stage of development could begin to contribute. There is also debate over whether the new target should also be used to finance loss and damage compensation, an issue that was not considered when the previous target was discussed and for which there is now a special fund. Another challenge for developing countries is that the financing resulting from the new target should not increase public debt. There are other details that still require agreement. The COP co-chairs must now propose a document that reconciles divergent visions and serves to reach agreement at COP29. Countries can apply the lessons learned from the first target and secure a new target that is more effective in terms of quantity and implementation. Financing climate action is neither a handout nor a charity, but a duty and responsibility of developed countries. It is also in their interest: the effects of the climate crisis are global. Without a goal, there are no financial flows, and without financing, there is no way to address the crisis. Launching the loss and damage fund The Loss and Damage Fund was established in 2022 at COP27, and its operationalization was agreed a year later at COP28. While the creation of the fund is welcome, it is only a first step in making it the channel of support so desperately needed by countries already suffering the worst impacts of the climate crisis. There are many challenges ahead. The Bonn meeting confirmed that the World Bank will be the interim administrator of the fund for the first four years. For civil society and developing countries in general, loss and damage must be recognized as the third pillar of climate action, alongside mitigation and adaptation. However, some developed countries seem to be suggesting that with the creation of the fund, it would no longer be necessary to include the issue as part of the new collective quantified climate finance goal, which does not make sense. Moreover, the amount that developed countries have pledged to the fund so far is less than 0.2% of what is needed annually. There is still no strategy that proposes how much contributing countries should contribute according to their responsibilities and capacities. The fund must be decentralized and involve civil society, indigenous communities, youth, women and other vulnerable groups from the outset to ensure that the money reaches those who need it. It must also be efficient and sufficient, providing financial and quality assistance as quickly as possible. On the other hand, developing countries, including those in Latin America and the Caribbean, must make efforts to monitor and report losses and damage in their territories, which often poses economic, technical and even methodological challenges that require support, training and guidance. The results of international climate negotiations are slow and the process often frustrating. The attitude of many industrialized countries, which shirk their responsibilities while enjoying development at the expense of the global climate balance, is disappointing. However, in the face of such a scenario, lowering our guard is not an option. The organized civil society working around these negotiations is a cause for hope. It is a demonstration of solidarity and competence that achieves results and does not give up. By being there, representing our region, we are contributing to this movement with the wisdom and strength that comes from the Global South. *Florencia Ortúzar is a senior attorney with AIDA y Javier Dávalos is the Director of AIDA's Climate Program.
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What you need to know about the “loss and damage” of the climate crisis
Recent flooding in the southern Brazilian state of Rio Grande do Sul has forced more than 500,000 people from their homes, turning them into climate refugees and causing millions of dollars in crop and livestock losses.Meanwhile, in Panama, some 300 coastal families had to leave Cartí Sugdupu, an island threatened by rising sea levels, and be relocated to a government-built settlement off the Caribbean coast.These types of negative impacts of extreme weather events, which occur despite or because of the lack of mitigation and adaptation measures, are technically referred to as "loss and damage" of the climate crisis.Scientific evidence shows that these losses and damages are already occurring, will increase, and are unevenly distributed, with a disproportionate impact on developing countries and vulnerable groups.This issue - key to international climate negotiations - is closely linked to the concept of climate justice, as it raises the question of who should pay for the losses and damages in the poorest countries, which bear little historical responsibility for the climate emergency.In this text, we address the basic aspects of this issue, which is becoming increasingly relevant and requires urgent action. What counts as loss and damage?Let's start by breaking down the term a little further:"Loss" refers to what is permanently lost due to the climate crisis, such as human and other species’ lives, territories, water sources, ecosystems, livelihoods, cultural heritage, and languages."Damage" refers to what has been affected by the climate crisis but can be restored or rebuilt, such as impacts on physical and mental health, soils, roads, schools, homes, health centers, and businesses. Loss and damage are usually divided into two categories, which may overlap:Economic. Loss and damage can be assigned a monetary value: destruction of assets such as houses or cars, loss of livelihoods such as crops or livestock, reduced productivity due to lost working hours, damage to basic infrastructure or disruption of supply chains. This can occur at the international, national or local level.Non-economic. Loss and damage that is difficult to measure in monetary terms. They include loss of human life, damage to health, the trauma of forced displacement, and impacts on culture, language, heritage, identity, etc. This category also includes the loss or reduction of biodiversity, the extinction of species, and the disruption or loss of ecosystem services, such as the production of oxygen by a forest. In international climate negotiations, however, the term takes on a different meaning. The United Nations Framework Convention on Climate Change refers to efforts to "avert, minimize and address loss and damage associated with climate change impacts, especially in developing countries that are particularly vulnerable to the adverse effects of climate change."The terms "avoid" and "minimize" generally refer to mitigation and adaptation, respectively, while the word "address" refers to actions to deal with the impacts of the climate crisis that could not be avoided. How much money is needed to address loss and damage?Discussions on loss and damage, which address issues such as liability and compensation, have been contentious in international negotiations. Developed countries – historically responsible for most of the greenhouse gases that have warmed the planet – have resisted possible agreements that would hold them accountable and make them pay for the loss and damage their emissions have caused and continue to cause.How big is the bill?According to a report published by the Loss and Damage Collaboration, 55 of the most climate-vulnerable economies will suffer losses of more than $500 billion between 2000 and 2020, and this could increase by a similar amount in the following decade. Other estimates put the annual cost of loss and damage at $400 billion by 2030.In Latin America, according to a 2019 study, losses and damages due to the climate crisis are expected to reach $462 billion by 2050 and could rise to $891 billion by 2070. What is being done to address loss and damage?Although the issue of loss and damage has emerged in international climate negotiations for more than three decades, it only gained momentum in 2013. That year, at the 19th United Nations Climate Change Conference (COP19), countries established the Warsaw International Mechanism on Loss and Damage with a mandate to share knowledge, strengthen dialogue among stakeholders, and mobilize expertise to strengthen action and support on the issue.In 2015, developing countries successfully lobbied for the inclusion of an article on loss and damage in the Paris Agreement (a legally binding international treaty in force since 2016), but the issue of finance was left out.This brings us to the next milestone, which occurred at COP27 in Egypt in 2022, when it was agreed to establish a Loss and Damage Fund to provide financial support to developing countries.A year later, at COP28 in Dubai, the launch of the fund was agreed, including the rules of operation and other key aspects, like an invitation to the World Bank to act as interim manager for the first four years.In June 2024, during the Bonn negotiations, the World Bank accepted the invitation to manage the fund, and discussions began to make it operational.Civil society is calling for loss and damage to be recognized as the third pillar of climate action (alongside mitigation and adaptation), but developed countries are resisting, suggesting that the creation of the fund would be sufficient and even suggesting that loss and damage should not be part of the new global finance goal.While welcome, the existence of the fund is only the first step in making it what is so desperately needed by countries suffering the worst impacts of the climate crisis. Challenges include:Financing. Developed countries have so far pledged US$700 million, less than 0.2% of what is needed ($400 billion).Governance. Among other things, the World Bank must ensure the independence and integrity of the fund's Board and Secretariat, that all countries party to the Paris Agreement have direct access to resources (even if they are not members of the Bank), and that resources are delivered in a sufficient and efficient manner.Participation. The Fund requires a decentralized structure and the participation of civil society, indigenous communities, youth, women and other vulnerable groups from the outset to ensure that the money reaches those who need it.Access. The fund should provide direct access to funding, not only to national authorities, but also to civil society organizations and affected communities.Inventories. Developing countries need to monitor and report losses and damage on their territory, which requires economic and technical resources. Sources- United Nations Environment Programme, "About Loss and damage".- Preety Bhandari, Nate Warszawski, Deirdre Cogan y Rhys Gerholdt, "What Is 'Loss and Damage' from Climate Change? 8 Key Questions, Answered", World Resources Institute.- United Nations, "Loss and Damage: A Moral Imperative to Act".- The Loss & Damage Collaboration, "WHAT IS LOSS AND DAMAGE?".- The London School of Economics and Political Science, "What is climate change ‘Loss and Damage’?".- Navin Singh Khadka, "COP27: what does the concept of 'loss and damage' mean for extreme weather pitting rich and poor countries against each other," BBC Mundo.- Alejandra Cuéllar, "COP27: What are losses and damages, and what do they mean for Latin America?", Climate Tracker.- Adriana Abramovits, “The Loss and Damage Fund, why is it not what civil society expected?”, Dejusticia.
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After COP28 in Dubai: The complex road to Baku and Belém
By Javier Dávalos, Claudia Velarde and Marcella Ribeiro* The twenty-eighth United Nations Climate Change Conference (COP28), held in Dubai, United Arab Emirates, was the largest ever in terms of the number of participants. The representatives of the States Parties to the United Nations Framework Convention on Climate Change and the Paris Agreement held intense discussions under the scrutiny of stakeholders from various sectors. The final results lack the clarity and ambition needed to define the next round of Nationally Determined Contributions (NDCs). However, the fact that for the first time in almost 30 years all fossil fuels (coal, oil and gas) were mentioned in the main decision of the meeting represents a before and after in climate negotiations. This fact also marks the way towards the next conferences: COP29 in Baku (Azerbaijan) and COP30 in Belém do Pará (Brazil). Below we take stock of COP28 and analyze its implications for the future of climate action in Latin America and the Caribbean. Progress at COP28 For the first time, the outcome document mentioned the need for a transition away from fossil fuels in energy systems in a fair, orderly and equitable manner, accelerating action in this critical decade. The text of the global stocktake of the state of implementation of the Paris Agreement also clearly stated the goals of tripling renewable energy and doubling energy efficiency. The Glasgow target for reducing methane emissions by 2030 was affirmed, as was the exit from inefficient fossil fuel subsidies. Key elements of the work program on just transition pathways were defined, including its scope, objectives, results and institutional arrangements. What was missing at COP28 With regard to the energy transition, there was a need for greater determination to close the door on false climate solutions. On the one hand, there was a call to accelerate nuclear energy and abatement and elimination technologies (carbon capture, utilization and storage) and, on the other, it was noted that "transition fuels" could facilitate this process while ensuring energy security, implicitly giving a free pass to fossil gas. In terms of adaptation, no real progress was made towards a framework for climate action based on the protection of the ocean, wetlands and forests. Nor was there reinforcement of operational synergies between the key policy processes governing terrestrial, freshwater, coastal and marine ecosystems worldwide. While the first step was taken to operationalize the Loss and Damage Fund, the decision did not include a reference to human rights in its objectives and mission. In addition, it limited the participation of indigenous peoples and local communities on the Board of the Fund under the category of invited observers. It also failed to mention the principle of common but differentiated responsibilities, meaning that the fund would be financed solely by grants. In addition, the World Bank was designated as the fund's administrator, putting at risk that the communities most affected by the impacts of the climate crisis would have access to resources in an agile, direct and debt-free manner. Regarding the just transition, it was not recognized that the energy transition puts different pressures on the territories where raw materials or critical minerals such as lithium, copper and cobalt are obtained. This affects Latin America in particular. As a result, developed and developing nations disagreed on whether to keep the transition at the national or international level. And so the transition was not considered an integral and plural transformation process that implies creating socio-political conditions to restructure the organization, ownership and distribution of the current production and consumption systems for the enjoyment of the right to energy. The countries failed to reach an agreement on the substantive elements of the new quantified financing target. Progress was limited to definitions of the process and procedures for defining it. In 2024, there will be at least three technical dialogues to discuss the elements of the target such as amounts, timelines, financing targets by area, and how progress will be measured. What's next: Heading towards COP29 and COP30 The next climate conferences will have to navigate complex contexts, marked by the long-standing crisis of multilateralism, the unfair distribution of burdens for the energy transition—particularly in terms of the exploitation of critical minerals—,and the growing co-optation of negotiations by the corporate interests of fossil-related companies. In this context, the performance of Latin American countries at COP28 is an indication of how their positions for COP29 and COP30 will be constructed: Brazil sought to position itself as a "climate champion" but could not hide its strong fossil fuel extraction agenda. As host of the upcoming COP30, Brazil tried and failed to explain away membership in the expanded Organization of the Petroleum Exporting Countries (OPEC+) without success. Then, days after COP28, it tendered 613 oil blocks in the Amazon with a view to becoming the world's fourth largest oil producer by 2030. Despite this, Brazil created a new work program on the goal of limiting global warming to 1.5 degrees Celsius, which it will take as a banner to COP30, together with the protection of nature and the fight against deforestation. Colombia, for its part, was the most vocal leader on the urgent need for transition, announcing its accession to the Fossil Fuel Non-Proliferation Treaty and maintaining clear interventions on the exit from fossil fuels in its panels and public interventions, which positions it as a regional leader for the upcoming conferences. Ecuador missed the opportunity to obtain funding and support from the international community to implement the Ecuadorian people's decision to close the ITT oil field in Yasuni Park. This omission could be remedied at COP29 because, beyond the delicate internal context, the South American country has just under a year to comply with the legal obligation to implement this decision and the international community can and should support the decision to close the ITT oil field in Yasuní Park. In another area, and within the process of the Advisory Opinion on the Climate Emergency, AIDA, together with other organizations, requested that the Inter-American Court of Human Rights refer to the decision adopted at COP28 regarding the Loss and Damage Fund, as it does not comply with or satisfy the obligations of States under international human rights law. It is expected that the Court will recognize the right to climate reparations and clarify that the establishment, implementation and operation of this fund does not exclude the possibility of making claims for reparations for losses and damages, nor does it block other judicial or administrative processes, measures or mechanisms for access to justice and comprehensive reparations for people affected by climate impacts. *Javier Dávalos is coordinator of AIDA's Climate Program, Claudia Velarde is co-coordinator of the Ecosystems Program, and Marcella Ribeiro is a senior attorney with the Human Rights and Environment Program.
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