1. Background

Loss and damage refer to the adverse impacts of climate change that cannot be avoided, even with adaptation and mitigation efforts. These impacts are disproportionately felt by vulnerable populations, particularly in developing countries that have contributed the least to global greenhouse gas emissions. As global temperatures continue to rise, loss and damage are becoming more severe, leading to a growing demand for climate justice. This article unpacks the concept of loss and damage and discusses the urgent need for global action to address the costs of climate injustice.

2. Understanding Loss and Damage

As earlier stated, loss and damage refer to those consequences of climate change that go beyond what people can adapt to. Loss and damage manifest in various ways, both economically and non-economically. Economically, it can mean loss of income, reduced agricultural productivity, and infrastructural destruction from extreme weather events, while non-economic impacts are including displacement of communities, loss of biodiversity, and trauma and mental health issues, among others. Most of these effects, especially mental health concerns are often underestimated, yet they deeply affect the lives and livelihoods of millions.

The concept of loss and damage has been a focal point in international climate negotiations. To address these irreversible impacts, the United Nations Framework Convention on Climate Change (UNFCCC) established the Warsaw International Mechanism for Loss and Damage, with an aim to help countries cope with both sudden and gradual climate-related effects that are beyond their capacity to handle alone.

Equally, Loss and damage and climate justice are closely linked. Countries and communities that have contributed the least to global emissions are often the most vulnerable to its impacts. Geographic, economic, and social factors make these populations less able to adapt and recover from climate-related disasters, creating a vicious cycle of vulnerability and hardship.

3. Recent Examples of Loss and Damage

Unprecedented loss and damage have affected many regions across the world as a result of the climate crisis. In 2023, for instance, Mozambique, Malawi and Madagascar encountered Cyclone Freddy which lasted for one of the longest durations ever recorded in tropical cyclones history. The cyclone resulted in heavy flooding which led to destruction of infrastructure and the loss of over 500 lives. This tragedy led to displacement of over half a million residents in Malawi alone. Due to the socio-economic and political situation of the affected countries, it was difficult to provide immediate relief or even initiate long term recovery processes, hence the impacts are still being felt up to date.

Further, during the monsoon season of 2022, Pakistan experienced its highest rainfall levels ever causing floods that affected more than 33 million people. The floods submerged almost a third of that country was under water that led to loss of millions of acres of arable land with crops and death of at 1700 persons. Despite being responsible for less than one percent of global emissions resulting from greenhouse gases coupled with an estimated $30 billion repair and recovery bill that was beyond their financial resources, Pakistan was still supposed to fix what has been destroyed by nature calamity that struck them, demonstrating how vulnerable third world countries are to climate-induced loss and damage.

Equally, there has been slow onset impacts of climate change particularly in small island developing states like Tuvalu, Kiribati, and the Marshall Islands. Rising sea levels are threatening the very existence of these nations, leading to the loss of land, freshwater resources, and the displacement of entire communities. The cultural loss associated with potentially losing their homelands is immeasurable, and these nations are increasingly calling for international support to address the damages they are facing.

4. The Need for a Global Response

Addressing loss and damage is not just a humanitarian necessity; it is a moral imperative. The countries and corporations that have contributed the most to climate change bear a responsibility to support those who are suffering its worst consequences. One of the most contentious issues in international climate negotiations is the question of who should pay for loss and damage. Developing countries argue that high-emitting nations should provide financial support to help them recover from climate-related disasters. This demand is grounded in the principle of “Common but Differentiated Responsibilities” (CBDR), which recognizes that different countries have contributed to climate change in different ways and thus have different levels of responsibility for addressing its impacts.

At COP27 in 2022, the historic establishment of a Loss and Damage Fund marked a significant step forward in this regard. However, the details of how this fund will be financed and managed were not made clear. Indisputably, for the fund to be effective it will need to be adequately resourced, with contributions from both governments and the private sector.

5. Legal and Ethical Considerations in Loss and Damage: What is the way forward?

The issue of loss and damage also raises important legal and ethical questions. Should countries that have historically contributed the most to climate change be held legally accountable for the damage caused by their emissions? There is growing momentum around the idea of climate litigation, where vulnerable communities seek compensation for the harm they have suffered. For example, in 2021, the island nation of Vanuatu launched an initiative to seek an advisory opinion from the International Court of Justice (ICJ) on the obligations of states under international law to protect the rights of current and future generations from the adverse effects of climate change. This effort reflects a broader push to establish legal precedents that could hold major polluters accountable for loss and damage.

To address the injustice of loss and damage, the global community must prioritize climate justice in its response to the climate crisis. This involves strengthening the Warsaw International Mechanism, ensuring that it has the necessary resources and mandate to effectively address loss and damage, including through the new fund established at COP27. Additionally, high-emitting countries should increase their contributions to international climate finance, specifically earmarking funds for loss and damage in the most vulnerable regions. Investing in resilience-building initiatives at the community level, particularly in vulnerable countries, can help mitigate the impacts of climate change and reduce the scale of loss and damage. Supporting initiatives like Vanuatu’s ICJ initiative can help establish clearer legal frameworks for addressing loss and damage and holding major polluters accountable.

6. Conclusion

Loss and damage are a stark reminder of the systemic inequities in the global climate crisis. As the impacts of climate change become increasingly severe, the need for a comprehensive and just response is more urgent than ever. The global community must act now to support vulnerable populations, address the root causes of climate injustice, and ensure that those responsible for the climate crisis are held accountable. The establishment of a Loss and Damage fund is a step in the right direction, but much more needs to be done to ensure that it is effectively implemented and adequately financed. By prioritizing climate justice and addressing loss and damage head-on, we can begin to rectify the deep imbalances that have defined the global response to climate change so far.

Written by Murithi Antony