Rabat, 12.12.2023
Waited for 30 years and the subject of international advocacy by thePrometheus Institute for Democracy and Human Rights since 2020, the Institute has welcomed the announcement of the realization of the Fund for losses And damage, when COP28UAE.
However, in the absence of an obligation for countries that historically emit greenhouse gases to contribute, the funding of this fund remains optional, and not dependent on a financial objective to be achieved.
According to Yasmine BOUTAIB, Member of the Executive Board of the Prometheus Institute for Democracy and Human Rights: “ Climate litigation, in vogue in around twenty countries, marks an upsurge in civil liability actions for compensation linked to the impacts of climate change. This reality is a main source of resistance from the most polluting countries to the obligation to contribute to this fund. Fearing thus, the commitment of their responsibility for inaction in the face of climate change, which on the one hand could result in the demand for compensation for damages and on the other hand, could go as far as the prescription to stop the damage, and therefore to put an end to certain industries”.
As such, the Prometheus Institute for Democracy and Human Rights recommends implementing climate finance in ways that respect human rights, are gender-sensitive, proactively address intersectional challenges, and support efforts in favor of tax justice.
During the COP26 in Glasgow, the Prometheus Institute for Democracy and Human Rights first urged state parties to engage on the issue of loss and damage with a focus on human rights, and made the following recommendations:
1. Integrate human rights into decisions aimed at avoiding, minimizing and addressing loss and damage;
2. Implement the climate finance in ways that respect human rights, are gender-responsive, proactively address intersectional challenges and support tax justice efforts;
3. Agree on questions of governance to advance a human rights-based approach to loss and damage.
Then, during the COP27 in Egypte, the Institute's advocacy focused on large-scale action to reduce losses and damage, and the operationalization of the implementing body of the International Mechanism Warsaw for loss and damage.
Finally, at COP28, the Prometheus Institute is happy to learn that the Loss and Damage Fund will finally see the light of day, but we are concerned about:
1.The nature of financing planned within the framework of the fund;
2.The composition of the Council of governance of the fund;
3.The means of providing management of the fund based on a Human rights ;
4.The time limit provision of fund resources;
5.The responsibility of companies and other relevant legal frameworks in light of the climate crisis;
6.Human rights in the environmental decision-making process within international multilateral organizations and international financial institutions (IFI).
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