Discussion about the Loss and Damage Fund and Chief Commissioner of Persons with Disability

Loss and Damage Fund

The ‘Loss and Damage’ (L&D) fund serves as a financial mechanism specifically crafted to address the irreversible consequences of climate change that cannot be averted or lessened through adaptation measures. Adaptation involves the proactive response to climate change, a strategic approach where communities and nations make intentional decisions to prepare for and confront challenges related to climate change.

This fund acknowledges and seeks to redress the tangible losses suffered by communities, nations, and ecosystems due to the impacts of climate change. These losses go beyond mere monetary value and strike at the heart of human rights, well-being, and environmental sustainability

 

Present status:

• The Loss and Damage Fund has gained significant attention in anticipation of the upcoming United Nations Framework Convention on Climate Change Conference of Parties (COP 28) scheduled to take place in the UAE. Following challenging negotiations during COP 27 in Egypt in 2022, an agreement was reached stipulating that the Loss and Damage Fund (LDF) must be allocated to nations vulnerable to or affected by the consequences of climate change.
• COP28 has witnessed a commitment of $475 million to the Loss and Damage Fund. The European Union has pledged approximately $275 million, the UAE committed $100 million, and both Germany and the UK have pledged $100 million and $75 million, respectively. The United States will contribute $17.5 million, and Japan has committed $10 million to the Loss and Damage Fund

 

Polluters pay Principle   The fund is based on the “polluters pay principle “. Polluter Pay principle makes the polluter liable for paying the cost of remedial action and compensation for the victims of environmental damage caused by their actions. Thus, the rich and developed nations, which are majorly responsible for industrial emissions, must pay the poorer nations that have made negligible contribution to global warming

 

Genesis of the LDF-
The movement of Loss and Damage Fund (LDF) is a three-decade old movement which was first initiated by the island nation of Vanuatu and the Alliance of Small Island States. The progress made at various UNFCCC Conference of Parties (COP) are as follows-

COP 19, 2013	At COP 19 in Warsaw, representatives of member countries formally agreed to establish the L&D fund.
COP 25, 2019	Santiago Network for L&D was set up, but the developed countries didn’t commit any funds
COP 26, 2021	Glasgow Dialogue on finance for L&D was established to continue discussions over the next three years on the fund.
COP 27, 2022	At COP 27, the member states agreed to set up the L&D fund and a Transitional Committee (TC) to figure out how the new funding mechanisms under the fund would operate. The TC was also to prepare recommendations that countries would consider, deliberate on, and potentially adopt by COP 28

 

 

Challenges:

(1) The hosting of the fund at the World Bank is problematic due to the high overhead fee charged by the institution for fund maintenance. Developing countries advocate for a dedicated funding mechanism and an independent secretariat.

(2) Developed countries, particularly the U.S., have shown reluctance to be the primary donors to the fund.

(3) The rejection of the Common But Differentiated Responsibilities (CBDR) principle by developed countries has diluted the spirit and intent of the Loss and Damage (L&D) fund, as evidenced by their opposition to references to CBDR, equity, and liability in the fund’s draft.

(4) There is no consensus on the size of the fund.

(5) Assessing losses presents a challenge, as distinguishing damage attributable to climate change from that due to governance failure is difficult. For example, estimating losses from the Pakistan flood is a complex issue.

(6) India advocates for the inclusion of developing countries in the fund, as discussed in the introduction of the article.

(7) Developed countries like the US, UK, and France, facing economic slowdowns and increasing public debt, have financial constraints.

(8) There is a lack of a specific devolution formula for the transfer of Loss and Damage Funds among small islands and developing countries

 

Common But Differentiated Responsibilities: Common But Differentiated Responsibilities (CBDR) is a principle within the United Nations Framework Convention on Climate Change (UNFCCC) that acknowledges different capabilities and differing responsibilities of individual countries in addressing climate change. The principle of CBDR is enshrined in Earth Summit 1992, held in Rio de Janeiro, Brazil. CBDR is based on two elements of responsibilities- one is the common responsibility of all the states to cater to the concerns of environmental protection and sustainable development and the other is of differentiated responsibility enabling the states to act, for environment protection, in their national capacity and as per their national priority. The principle of ‘common but differentiated responsibility’ evolved from the notion of the ‘common heritage of mankind’. The principle recognizes historical differences in the contributions of developed and developing States to global environmental problems and differences in their respective economic and technical capacity to tackle these problems

 

Chief Commissioner of Persons with Disability

 

• The establishment of the Office of the Chief Commissioner for Persons with Disabilities in India was authorized by Section 57 of The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995. This office is entrusted with the responsibility of taking measures to safeguard the rights of individuals with disabilities.

 

• Under the new statutory provision, Section 74 of the Rights of Persons with Disabilities (RPwD) Act, 2016, allows for the appointment of a Chief Commissioner for Persons with Disabilities and two Commissioners to assist the Chief Commissioner at the national level.

 

• Additionally, in accordance with Section 40 of the RPwD Act 2016, the Central Government, in consultation with the Chief Commissioner, has formulated rules specifying the standards of accessibility for the physical environment, transportation, information, and communication, including appropriate technologies for persons with disabilities.

 

• The Rights of Persons with Disabilities (RPwD) Act 2016 was enacted and became effective on April 19, 2017. The primary objective of this act is to ensure that all individuals with disabilities can lead lives with dignity, without discrimination, and with equal opportunities.

 

• Notably, the coverage under the RPwD Act 2016 has expanded to include 21 different types of disabilities, an increase from the previous seven. Furthermore, the Central Government has the authority to add additional types of disabilities

 

Definitions for Persons with Disabilities in India and the UN CRPD:

The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) defines “Persons with disabilities in India include those people having long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

 

Constitutional Framework for Disable Persons in India:

• Article 41 of the Directive Principle of State Policies (DPSP) states that the State shall make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of its economic capacity and development.
• The subject of ‘relief of the disabled and unemployable’ is specified in the state list of the Seventh Schedule of the constitution

 

Recent Judgements:

• Equitable access of offices to Divyangjans– The Court of Chief Commissioner of Persons with Disabilities mandated that any government office in the country that are not accessible to Divyangjan, must relocate their services to the ground floor or another accessible location for Divyangjans.
• Air travel access-The Court of Chief Commissioner of Persons with Disabilities emphasized that all airlines are responsible for implementingthe provisions of the Rights of Persons with Disabilities Act 2016

 

 

Emission Gap Report 2023

About the report:

• The Emissions Gap Report (EGR) is an annual publication by the United Nations Environment Programme (UNEP) released prior to the Annual Climate negotiations.
• The report monitors the disparity between the trajectory of global emissions based on existing country commitments and the necessary trajectory to restrict warming to 1.5°C.

 

Key Findings of the report:

1. Temperature rise:

• The existing commitments within the framework of the Paris Agreement are projected to lead to a temperature increase of 2.5-2.9°C above pre-industrial levels by the close of this century.
• The Paris Agreement, also referred to as COP 21 or the 21st Conference of Parties, is a significant environmental treaty established in 2015 to tackle the challenges of climate change and its adverse effects.
• In order to restrict temperature increases to the range of 1.5-2°C, substantial reductions in emissions of 28-42% by the year 2030 are imperative.

2. Global Emission Trends:

• Greenhouse Gas Emission hit a new record of 57.4 Gigatonnes of Carbon Dioxide Equivalent (GtCO2e) in 2022, with a 1.2% increase from the previous year.
• Fossil CO2 emissions account for approximately two thirds of current GHG emissions using 100-year global warming potentials.
• According to multiple datasets, fossil CO2 emissions grew between 0.8–1.5% in 2022 and were the main contributor to the overall increase in GHG emissions. In 2022, fluorinated gases emissions grew by 5.5%, followed by Methane at 1.8% and nitrous oxide (N2O) at 0.9%
• GHG emissions across the G20 also increased by 1.2% in 2022. However, members vary widely in their trends with increases in China, India, Indonesia and the United States of America, but decreases in Brazil, the European Union and the Russian Federation. Collectively, the G20 currently accounts for 76% of global emissions

3. Emissions from Major Economic Sectors:

• • Emissions can be split into five major economic sectors, Energy supply, industry, agriculture and Land use, land-use change and forestry (LULUCF), transport and buildings.
  • In 2022, energy supply was the largest source of emissions at 20.9 GtCO2e (36% of the total), followed by Industry (25%), followed by agriculture and LULUCF CO2 (18%), transport (14%) and buildings (6.7%).

4. Mitigation Efforts:

• If current policies and pledges continue, global warming will likely reach 3°C above pre-industrial levels by the end of the century.
• Implementing unconditional Nationally Determined Contributions (NDCs) could limit the rise to 2.9°C, while conditional NDCs might cap it at 2.5°C.

5. Net-Zero Pledges:

• Although countries have made Net-Zero Pledges, none of the G20 Countries are reducing emissions at a pace consistent with their targets.
• Even in the most optimistic scenario, the likelihood of limiting warming to 1.5°C is only 14%.

Efforts to Mitigate Emissions in India:

• Transition from Bharat Stage-IV (BS-IV) to Bharat Stage-VI (BS-VI) emission standards.
• Implementation of the UJALA scheme.
• Participation in the International Solar Alliance.
• Execution of the National Action Plan on Climate Change (NAPCC).
• Promotion of Ethanol Blending in India by 2025.
• Revision of India’s Nationally Determined Contributions (NDC).