HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND

This policy brief, submitted by Amnesty International and the Center for International Environmental Law (CIEL) to the UNFCCC Transitional Committee in April 2023, argues that the operationalization of the Loss and Damage Fund must be grounded in international human rights law. The authors advocate for a rights-based approach that prioritizes the most marginalized groups, ensures effective remedy and reparations, and utilizes public, grants-based funding to avoid increasing the debt of developing countries.

• The Loss and Damage Fund should be designed to provide effective remedy and substantive redress for those most affected by the climate crisis, moving beyond immediate emergency needs to include restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.
• To avoid further indebting the Global South, funding for loss and damage must be primarily public and grants-based, as loans are unsuitable for addressing irreversible losses that do not generate income for repayment.
• Funding should be based on the principles of equity, common but differentiated responsibilities and respective capabilities (CBDR-RC), and the 'polluter pays' principle, with a significant share provided by countries with historic responsibility.
• The fund's operational modalities must be inclusive and intersectional to protect marginalized groups, such as persons with disabilities, LGBTQI+ individuals, and those in the informal sector, who are often disproportionately affected and excluded from relief.
• The authors recommend the implementation of human rights-based, participatory Loss and Damage Needs Assessments (LDNAs) to inform national policy and budgeting, specifically focusing on non-economic losses that are difficult to quantify.
• Governance of the fund should feature a representative Board where developing countries constitute the majority and affected groups, including Indigenous Peoples and women, have active participation and the ability to intervene in discussions.
• Strict social and environmental safeguards are necessary to prevent the fund from causing harm, including the requirement for Free, Prior and Informed Consent (FPIC) for Indigenous Peoples and the exclusion of activities leading to forced evictions.

APA

Center for International Environmental Law (2023). HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND. https://www.ciel.org/wp-content/uploads/2024/04/Amnesty-CIEL_TC_Loss-and-Damage-Fund_April-2023.pdf

Chicago

Center for International Environmental Law. HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND. 2023. https://www.ciel.org/wp-content/uploads/2024/04/Amnesty-CIEL_TC_Loss-and-Damage-Fund_April-2023.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND |date=April 2023 |url=https://www.ciel.org/wp-content/uploads/2024/04/Amnesty-CIEL_TC_Loss-and-Damage-Fund_April-2023.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2023human, author = {{Center for International Environmental Law}}, title = {{HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND}}, institution = {Center for International Environmental Law}, year = {2023}, month = apr, url = {https://www.ciel.org/wp-content/uploads/2024/04/Amnesty-CIEL_TC_Loss-and-Damage-Fund_April-2023.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }