Loss and Damage(d) Indigenous Rights
This article was co-written by staff at ICA and NDN Collective and originally published in Climate Action Network’s ECO Newsletter on December 6, 2023.
Just days after the announcement of major commitments and implementation of a Loss and Damage Fund, the COP28 President claimed there is “no science” behind a phase-out of fossil fuels. This whiplash announcement feels like a slap in the face to the countless reports and calls for meaningful action made by Indigenous Peoples, civil society movements, and numerous states that clearly articulate a need to phase out fossil fuels if we have any chance of staying below the global goal of 1.5℃. As Indigenous Peoples, this is especially concerning as we continue to bear the brunt of climate disasters that are already resulting in evictions from our ancestral lands, waterways, territories, and lifeways.
The COP Presidency’s “landmark deal” was lackluster, at best. The financial commitments from states for Loss and Damage don’t even begin to compensate for the losses we have already felt. One can’t help but wonder - how can the Nation states even begin to estimate the value of our loss of land, language, and culture that’s already happened let alone the loss that will continue if their so-called solutions continue to miss the mark? For us, no amount of money can rectify the loss and damage we have experienced and continue to experience due to the climate crisis.
At COP27, Indigenous Peoples called for full and effective participation in decision-making, planning, and execution of the Loss and Damage Fund. This year, we saw that demand fall short with no real assurances of our participation in the development and implementation of the fund. The International Indigenous Peoples’ Forum on Climate Change (IIPFCC) continues to call for the need to prioritize the protection, enhancement of inherent rights, and equitable access of Indigenous Peoples in the further development of the Loss and Damage Fund. Yet, it remains unclear if this will happen.
The World Bank claims the climate Loss and Damage Fund is just the ‘beginning’, yet for Indigenous Peoples - this means another battle for access. The fund is supposed to assist those most vulnerable and impacted by the effects of climate change. Yet, the mechanisms for accessing the fund do NOT demonstrate how Indigenous Peoples will receive direct and simplified access, nor does it clarify grievance and appeal mechanisms. What we need is a seat at the table, with representation on the board, so that we can be a direct part of decision-making, planning, and implementation to ensure we go beyond the weak participation models we saw with the Green Climate Fund.
The message is clear, Indigenous Peoples across the world are the first and worst impacted by climate change due to our unique relationship with our ancestral homelands and ongoing cultural practices and lifeways. In order to recognize this inextricable link and unique cultural and spiritual ties we have with our lands, territories, waters, ice, food security, and eco-systems, the fund must actively prioritize measures to avert what Parties refer to as economic and non-economic losses.
Overall, Climate finance requires our leadership as Indigenous Peoples to ensure direct access, and self-determined use of funds by those most adversely affected, especially the unrecognized, poor, disenfranchised, and unrepresented, from all regions and nations. States need to ensure direct access and rights of Indigenous Peoples as not just a matter of upholding international standards; but as a key factor in effectively realizing the objectives of the loss and damage fund. We must ensure the fund isn’t just another addition to the long list of “COP-outs” within the UNFCCC process, but instead continue to fight for a shift from words to action through full and effective participation of our people at every stage of the process and ensure respect for our inherent and collective rights.
