The clock has passed 1:30 am and the COP is still going… Negotiators and the High Level Ministers are still hard at work tweaking draft texts for the Durban Platform for Enhanced Action (ADP), Finance, and Loss and Damage, respectively.The UNFCCC COP19/CMP was supposed to end on November 22nd, ideally with much pomp and circumstance, glasses of champagne, and a new climate agreement probably with some catchy name (the Warsaw Miracle?).
The COP19, however, still has several issues to resolve before closing. Negotiators, civil society observers and COP 19 personnel are patiently waiting in the various meeting rooms, hallways, and the plenaries for the latest resolutions on ADP, Finance, and Loss and Damage.
This afternoon, COP 19 President Mr. Marcin Korolec held a closing Plenary session to officially end several agenda items under the COP, CMP, SBI and SBSTA tracks. At about 9 pm, the president suspended the closing plenary to give the negotiators more time to resolve the bracketed and crossed out lines of text for the remaining three issue areas. The co-chairs from South Africa and Sweden lead the informals on Loss and Damage produced a draft text around 13:50, but the negotiations transitioned to bilateral meetings and then onwards to the High-Level Ministerial consultations. The majority of these meetings take place behind closed doors, with the exception of ADP that has let limited NGO observers into the meeting.
Throughout the day and into the evening, the Loss and Damage negotiators discussed the options of creating an international arrangement, a work programme or an international mechanism to address the adverse impacts of climate change in developing countries. Based on the latest draft text, loss and damage might become an international mechanism under the UNFCCC, supported by SBSTA and SBI, which would be a huge plus for developing countries. This means that the developing countries might have traded on another issue, such as ambition or the timeline to report emissions in the ADP.
“The developing nations are looking for a new institution with legal and executive powers that would compensate people for loss and damage caused by extreme weather events, exacerbated by global warming. Richer countries want it to be dealt with within the existing institutions…We’re trying now to bridge those two and really see if there can be a two-step approach starting with co-ordinating the already existing framework and seeing how we can enhance that in a second phase but that needs to be captured in a decision,” said Mr Nafo [Seyni Nafo from Mali, the spokesman for the Africa Group of countries].”
Into the night, the loss and damage consultations focused on footnote 2 of the draft text, which references “Section II: enhanced action on adaptation.” More specifically, the “Warsaw Mechanism” to address loss and damage, in paragraph 1, states that the COP19 “establishes the Warsaw mechanism to address loss and damage associated with impacts of climate change, including extreme events and slow onset events, in developing countries that are particularly vulnerable to the adverse effects of climate change (hereinafter referred to as the Warsaw mechanism), consistent with paragraph 14 of decision 1/CP.16…” In turn, paragraph 14 of the Cancun Agreements refers to common but differentiated responsibilities (CBDR) and then several sub-paragraphs referencing enhanced adaptation.
The CBDR principle causes some political divisions between developed and developing countries. In particular, developed countries, such as the United States, do not want Loss and Damage to become a “blame and liability mechanism” and make developed countries financially and legally liable for the damage caused by historical carbon emissions. Loss and damage is supposed to help the victims of the adverse impacts of climate change in developing countries, not just financially but also address non-economic losses.
For COP 19 to be a success, all parties will have to make convergences on loss and damage, ADP, and climate finance. Without some sense of obligation to work together for the common good, these climate talks will fail. Loss and damage will be the norm, not the exception, because the other avenues will fail to provide the pathways for a sustainable and equitable future. Let’s hope that COP 19 (Warsaw Communique?) does not become the next Copenhagen Agreement…