Financing, litigation and migration: the hot themes of Climate Justice in the global arena

quinta-feira, agosto 04, 2022

Having contributed just 0.06% of global greenhouse gas emissions by 2020, Madagascar, a giant island on africa's southeast coast, was hit in just three months (between January and March this year) by five extreme events, including two cyclones and three tropical storms. Almost 1 million people – of the nearly 28 million inhabitants, 77% live below the poverty line – have been affected in some way. Thousands of smallfarmers lost their rice production and hundreds of thousands had their homes destroyed by cyclones.

Women have been the most affected because they take care of their children and need to travel longer and longer distances behind water and firewood, while their husbands travel to work in the crop, which has been punished by the worst drought in 40 years in the south of the island.

Millions of people in the developing world suffer from catastrophic events such as those that have befell Madagascar, despite their countries' tiny contribution to global warming. Vulnerability increases proportionally to the precariousness of their homes, access to school and health, water and sewage services.

Here is the ethical dilemma flagged by the global climate justice movement: the countries most affected by climate events – extreme and gradual, such as sea level rise – are generally the ones that have caused little greenhouse gas emissions.

This issue was addressed by many of the main actors in the global debate on the climate crisis as a peripheral issue until the adoption of the Paris Agreement in December 2015. Since then, the theme has skyrocketed to the top of the concerns of environmentalists, social movements, scientists, companies and various governments, especially those in the group of least developed countries (known by the Acronym LDC) and the nations of the Alliance of Small Island States (Aosis).

"The problem is that these concerns are not yet reflected in the negotiations held at the UN climate conferences," says lawyer Flavia Bellaguarda, founder of the Latin American Climate Lawyers Initiative (Laclima) and manager of the Brazil Climate Center, which represents the Climate Reality Project in the country. The organization was created by former U.S. Vice President Al Gore, focused on education and activism for climate solutions.

At COP26, held in Glasgow, Scotland in 2021, the LDC and Aosis countries attempted to approve the creation of a fund to compensate nations affected by extreme events under the Warsaw Loss and Damage Mechanism. The attempt was barred by rich countries, but the proposal is expected to be resubmitted at COP27, scheduled to take place next November in Egypt.

"When we know that one in three African citizens faces water scarcity, then we understand climate inequality. We understand that those who are my neighbors here in Nairobi are producing very, very low emissions," Inger Andersen, executive director of the United Nations Environment Program (UNEP), based in Kenya's capital, said late last March.

Funding, climate litigation (involving the legal framework) and migration are the three hottest topics on the topic in the world arena:


Cheap and lost funding, technology transfer, human resources training and compensation for losses and damage from extreme weather events are crucial measures of the climate justice agenda of developing countries. At the Copenhagen Climate Conference (COP15) held in 2009, rich countries pledged to provide increasing, new and additional resources for mitigation and adaptation actions in developing nations, reaching at least $100 billion by 2020.

However, the amount injected into the poorest countries reached $79.6 billion in 2019, only 2% more than in 2018, according to a report published in September 2021 by the Organization for Economic Cooperation and Development (OECD). The entity predicts that the $100 billion annual target will be achieved only in 2023.

The Paris Agreement provides for climate finance to strike a balance between adapting and mitigating greenhouse gas emissions. However, the resources still mostly follow for mitigation actions. The share of adaptation in the total amount of climate finance has been growing, but timidly – from 17% in 2016 to 25% in 2020.

A small portion of the amount financed goes through the Green Climate Fund and the Adaptation Fund, which worries, as the Paris Agreement has played a relevant role for both in implementing the treaty. In these two funds, developing countries have a greater participation in climate finance governance and can access them directly, a demand from the nations most vulnerable to climate change.

Established in 2001, the Adaptation Fund has so far received just over $1.2 billion from rich countries and a portion of the carbon credit transactions of the Kyoto Protocol's Clean Development Mechanism (CDM), and has invested $878 million in projects in developing countries. The Glasgow Climate Conference (COP26), held in November 2021, approved a rule that reserves 5% of the value of operations with the future global carbon market for the Adaptation Fund. The Green Climate Fund, established in 2010 at the COP in Cancun, Mexico, has so far disbursed US$2.6 billion, although US$10.4 billion has already been approved to support 196 projects to adapt and reduce emissions in developing countries.

"We are working with a network of partners from each region of the world to increase the responsibility of rich countries on the destination of climate funding [they provide]," says Clare Shakya, director of the climate change research group at the London-based International Institute for Environment and Development (IIED). For her, it is necessary to ask whether the funding "reaches the poorest countries and communities, and whether the way it is operated reflects the priorities of people on the front line of climate impacts."

The World Resources Institute (WRI) makes three recommendations to developed countries in its study. First, they should contribute climate finance proportionally to the size of their economies. The second is the improvement of the quality of climate funding they provide. They need to prioritize donations and detain them especially for adaptation measures. Finally, the WRI calls on rich countries to increase transparency in information on financial support granted to developing countries.

Losses and Damages

This expression refers to the destruction and irreversible damage suffered by certain communities due to the climate. A survey by the International Federation of the Red Cross, published in November 2020, shows that natural disasters killed 410,000 people and affected 1.7 billion worldwide between 2010 and 2020. The same document revealed that 83% of natural disasters were caused by extreme weather events in the past decade.

So far, only one developed country has promised funding for loss and damage: Scotland, which has announced 1 million pounds ($1.4 million) to compensate poor communities for irreversible damage caused by extreme weather events such as floods and forest fires. "The world fails to understand what climate change is when you see the failure of loss-loss funding at COP26," says attorney Flavia Bellaguarda of Laclima. It refers to the unsuccessful attempt to approve a redress fund at the Warsaw Loss and Damage Mechanism at COP26. The expectation of the island countries and the group of less developed nations is that the proposal will finally be welcomed by COP27, scheduled for next November in Sharm el-Sheikh, Egypt.

Alternative schemes

Clare Shakya of IIED notes that "the most inspiring examples of Climate Justice may exist where communities receive the resources to invest in their own resilience [rather than following external determinations about what to do]."

Kenya in Africa, for example, has created the Counties Climate Change Funds (CCCF) initiative. It is a county-controlled fund that funds climate projects prioritized by local communities. The project also came with the support of the World Bank, through the Locally Led Climate Action Financing program.

Climate litigation

The judiciary has been increasingly sought after by environmental and human rights organizations, indigenous groups, climate migrants and poor communities as a means to seek climate justice. More than half of the cases in the judicial system were filed after the Paris Agreement.

On 24 May this year, 1,974 cases of climate litigation were recorded in the Climate Change Laws of the World (CCLW) database, maintained by the Grantham Research Institute on Climate Change and the Environment, linked to the London School of Economics in London. The bank includes cases filed in the courts of 39 countries and 15 international or regional courts. After the adoption of the Paris Agreement, more than 1,000 cases were brought to court. The majority were filed in the courts of the United States (71% of disputes), followed by a great distance by the European Union.

The number of cases of climate litigation should continue to grow in response, for example, to transparency problems of companies in reporting on the climate risks of their operations. Governments have also become favorite targets of environmentalists and traditional communities for violating climate legislation and omission in protecting the lives of environmental defenders, threatened with death by grileiros and politicians involved in illegal agricultural business, mining, logging and invasion of indigenous lands.

"The role of litigation in setting a price for the implications of rich countries' inaction is indeed important, and trials are already emerging showing that courts will penalise governments for doing too little," says Clare Shaky of IIED in London.

One of the researchers who most monitor so far on the global progress of climate litigation is Joana Setzer, a researcher at the Grantham Institute. In a report published in July 2021, co-authored with Catherine Higham, Setzer identified 112 cases associated with the theme of human rights. The majority (93) was filed against governments, and a small portion (16) against companies. There were 25 decisions in favour of the plaintiffs and 32 opposed their arguments (the remaining cases were still awaiting trial or had been the subject of out-of-court settlement).

Defenders in danger

There have been a handful of notable cases of climate litigation in recent years, such as that of the German youth group that raised the issue of intergenerational climate justice. Known as "Neubauer, et al. v. Germany", filed in February 2020, the group convinced the court that it was proceeding with the argument that German climate law needed to set more ambitious emissions cut targets. The Court's decision was published on 29 April 2021, responding to the passage of a law by Parliament, raising from 55% to 65% the target of reducing emissions in 2030 compared to 1990 levels.

Disputes over climate change are also advancing in the courts of the Global South, particularly in Latin America, one of the most dangerous regions in the world for the actions of environmental advocates. In 2020, 228 environmental rights defenders were murdered worldwide, according to Global Witness, 165 of them in Latin America, with Colombia (65 deaths), Mexico (30) and Brazil (20). Advocates can be indigenous leaders, traditional communities or peasant movements, or even prosecutors, promoters, and public defenders.

Unprecedented in an international treaty, the obligation to protect human rights defenders in environmental matters was included in the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Affairs in Latin America and the Caribbean. The agreement was adopted in the city of Escazú, Costa Rica, in 2018. Of the 24 countries that signed it, 12 have already ratified it. Brazil signed the treaty, but environmentalists and human rights organizations do not count on its ratification during the administration of President Jair Bolsonaro.

"The Escazú Agreement is very important for Climate Justice in Latin America because it is a very violent region for environmental defenders. The agreement obliges its signatories to prevent, curb and impose sanctions on those who threaten defenders," says lawyer and environmentalist Rubens Born, representative of the Esquel Foundation in the Escazú Agreement negotiations.

However, Born sees no political and diplomatic climate for the adoption of a global agreement along the lines of Escazú. "It would be more beneficial to try to move forward with the regulation of standards in what has already been achieved, such as the reference to human rights in the preamble to the Paris Agreement." I have no hope that countries will approve a global environmental and climate justice agreement like this," agrees Laclima lawyer Flavia Bellaguarda, a lawyer.


Climate change-related disasters have already caused three times more displacement than conflict and violence, in addition to accentuating internal and country tensions. Migration in response to climate impacts can be a proactive adaptation strategy or a forced shift in the face of life-threatening risks.

More than 30.7 million new displacements were recorded in 2020 due to extreme weather events, according to the United Nations High Commissioner for Refugees (UNHCR). Between 2008 and 2016, an annual average of 21.5 million people forwentforce and tens of millions more are likely to leave their homes in the next two to three decades. 

The theme of climate migration, therefore, has become one of the most relevant issues of global geopolitics and mandatory item in assessments on internal and external security in developed countries.

In the United States, President Joe Biden's administration published an assessment of the issue in October 2021, officially acknowledging for the first time that climate change represents a factor of migratory pressure within countries and also between countries. One of the referrals announced at the time was the creation by the National Security Council of a permanent working group to examine institutional responses to the growing wave of climate migrants. Through the group, government representatives in the scientific, development, humanitarian, human rights and peace and security areas will jointly coordinate u.S. policy, strategy, and budget for vulnerable populations.

Refugee carbon credits

Among some ongoing actions to minimize impacts, UNHCR launched last December the Environmental Protection Fund for Refugees (REP), which will invest in reforestation programs and sustainable kitchens in refugee areas vulnerable to climate events. The credits generated by the hijacking of carbon dioxide from the planted trees will be traded in the carbon markets. They will be the first carbon credits generated by large-scale refugees, according to the UNHCR.

It works like this: the sale of these credits helps to refeed the REP to reinvest in new reforestation programs and sustainable kitchens (without the use of native forest firewood), generating green jobs for refugees and host communities.

Inspiring examples

Not all news is bad in Madagascar. There are also develop income-generating activities adapted to climate change, such as agroecology, techniques that reduce water use, beekeeping in areas that have become unviable for traditional agriculture and alternative energy projects such as ethanol.

These actions are part of a project to mitigate climate problems faced by women living on subsistence agriculture, and which is being implemented in Madagascar, on the southeast coast of Africa, by the Center for Research and Support for Alternative development – Indian Ocean (Craad-OI).

Because sugarcane is widely available in the region, it offers possibilities for transformation into products for disinfection and hygienic treatment, such as gel alcohol, according to Volahery Andriamanantenasoa, craad-oi's program director. Alcohol can also replace firewood in food preparation and be used in electricity generation, in addition to the use of sugarcane bagasse in the production of organic fertilizer.

The project also includes the production of essential oils from plant species endemic to the region, such as baobab, for use in nutritional, pharmaceutical and cosmetic products, and increased crop productivity, seeking alternatives to water scarcity. More sustainable agricultural techniques are being introduced, such as the use of cover crops and drip irrigation.

Volahery says his women-led organization advocates developing a national strategy on community resilience to climate change. "But in a truly participatory way, so that the solutions are adapted and effective in the face of the realities experienced by these communities," he points out.

In September 2021, UN Human Rights and Craad-OI held the first Public Forum on Climate Justice and Human Rights in the Malagasy capital, which culminated in the Antananarivo Declaration for Climate Justice. The document calls on the government to introduce environmental education in schools, create a green climate fund to support mitigation and adaptation projects, and include environmental crimes in the Penal Code.

Justice with their own hands

In the absence of public policies, Filipinos are taking Climate Justice into their own hands. Survivors of natural disasters have gone on to assemble low-cost portable solar generators to save lives in low-income communities that have been hit by storms and typhoons.

Called TekPak, the generator can be loaded into a briefcase and mounted quickly to illuminate storm shelters, evacuation centers, emergency command posts and health clinics, as well as charging cell phones and radios and providing power for medical and rescue equipment. In this way, TekPaks maintain active life-saving services during weather disasters and power blackouts.

The initiative came from the Institute of Climate and Sustainable Cities (ICSC), a non-governmental organization that has trained more than 400 survivors of natural disasters in assembling generators. During the covid-19 pandemic, operators trained by the organization also triggered them at quarantine posts and isolation centers for people infected by the new coronavirus. Spare parts are used in local commerce for easy maintenance, while conventional solar generators require imported parts when they are defective.

Since 2015, The ICSC and its partners, such as the Pacific Climate Warriors (PCW) youth movement, created by the environmental organization 350.org, have assembled nearly 200 TekPaks, which serve approximately 42,000 Filipinos in 60 communities.

The training has gathered more than 400 people from 11 Philippine provinces, and seven from Suva, the capital of Fiji, in the Pacific. Throughout the year, ICSC and PCW plan to replicate more Solar Scholar Training workshops in other small Pacific island states.

Learn what the international climate justice movement claims:

  • Fair Division of Emission Reduction according to each country's historical contribution to global warming
  • Cheap or fund-lost funding and technology transfer to developing countries
  • Rich countries' commitment to compulsory mechanisms of financial and technological support to the nations most affected by climate change, such as the Warsaw Loss and Damage Mechanism reparations fund, rejected at COP26
  • Use of Justice to seek reparations to populations affected by climate change, but which have contributed little to global emissions
  • Fair transition with support for workers and their communities moving to a low-carbon economy through basic income and capacity building programs for new activities
  • Protection of the human rights of migrants and climate refugees and environmental defenders threatened with death by farmers, farmers and criminal groups unhappy with the application of environmental protection laws
  • Climate Justice Policies related to gender identity and sexual orientation, with attention to the disproportionate effects of environmental degradation and adverse impacts of climate change on women
  • Combating climate racism by governments, companies, international organizations, media and non-governmental organizations, using cultural, economic and social reparation programs for ethnically discriminated black, indigenous and other minorities
  • Mobilization of financial, human and technological resources to prioritize the prevention and treatment of health problems that disproportionately affect more vulnerable groups, such as blacks, indigenous people, and other non-white ethnic minorities and low-income populations. These are problems such as asthma, allergies, dehydration, diarrhea, drowning, stress and psychological imbalance, as well as diseases transmitted by insects

Source: Um só Planeta

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