1. Evolution of Loss and Damage
From Climate Change Impacts
& COP22 Outcomes
Vositha Wijenayake
Attorney-at-Law, Executive Director of SLYCAN Trust

2. The Concept of Loss and Damage
■ Adapting to climate change is not enough, impacts of climate change are
already felt, and losses and damages from climate change already being
experienced. For example crop loss, damage to agriculture from
droughts
■ Loss and damage refers to negative effects of climate variability and
climate change that people have not been able to cope with or adapt to.
This includes the inability to respond adequately to climate stressors and
the costs and adverse effects. Such costs and adverse effects can be both
economic and non-economic.
■ Loss and damage is also related to mitigation, as the potential costs of
future climate change depend to a large extent on the intensity of
climatic disruptions, which in turn depend on mitigation efforts globally.

3. Evolution of the Concept of Loss &
Damage
■ Outcomes of COP13: Bali Action Plan (FCCC/CP/2007/6/)
(c) Enhanced action on adaptation, including, inter alia, consideration of:
(i)…
(ii) Risk management and risk reduction strategies, including risk sharing
and transfer mechanisms such as insurance;
(iii) Disaster reduction strategies and means to address loss and damage
associated with climate change impacts in developing countries that are
particularly vulnerable to the adverse effects of climate change;

4. Evolution of the Concept of Loss &
Damage
■ Outcomes of COP16: Cancun Adaptation Framework FCCC/CP/2010/7/
(e) Enhancing climate change related disaster risk reduction strategies, taking into
consideration the Hyogo Framework for Action, where appropriate, early warning
systems, risk assessment and management, and sharing and transfer mechanisms
such as insurance, at the local, national, sub regional and regional levels, as
appropriate;
(f) Measures to enhance understanding, coordination and cooperation with regard
to climate change induced displacement, migration and planned relocation, where
appropriate, at the national, regional and international level
Recognized the need to strengthen international cooperation and expertise in
order to understand and reduce loss and damage associated with the adverse
effects of climate change, including impacts related to extreme weather events
and slow onset events

5. Evolution of the Concept of Loss &
Damage
■ Outcomes of COP16: Cancun Adaptation Framework FCCC/CP/2010/7/
Decided to establish a work programme in order to consider, including through workshops
and expert meetings, as appropriate, approaches to address loss and damage associated
with climate change impacts in developing countries that are particularly vulnerable to the
adverse effects of climate change;
Invited Parties and relevant organizations to submit to the secretariat, views and
information on what elements should be included in the work programme, including the
following: possible development of a climate risk insurance facility to address impacts
associated with severe weather events;
Options for risk management and reduction, risk sharing and transfer mechanisms such as
insurance, including options for micro-insurance, and resilience building, including through
economic diversification;
Approaches for addressing rehabilitation measures associated with slow onset events and
engagement of stakeholders with relevant specialized expertise;

6. Evolution of the Concept of Loss &
Damage
COP 18: Outcomes in Durban
Noted that there are important linkages between extreme weather events and slow onset
events, and the importance of building comprehensive climate risk management
approaches;
Agreed that the role of the Convention in promoting the implementation of approaches to
address loss and damage associated with the adverse effects of climate change includes:
(a) Enhancing knowledge and understanding of comprehensive risk management
approaches to address loss and damage associated with the adverse effects of climate
change, including slow onset impacts;
(b) Strengthening dialogue, coordination, coherence and synergies among relevant
stakeholders;
(c) Enhancing action and support, including finance, technology and capacity building, to
address loss and damage associated with the adverse effects of climate change;

7. Evolution of the Concept of Loss &
Damage
COP 18: Outcomes in Durban
Identified the areas that were later to be action areas of the Warsaw International
Mechanism on Loss and Damage
Taking into account common but differentiated responsibilities and respective capabilities
and specific national and regional development priorities, objectives and circumstances, to
enhance action on addressing loss and damage associated with the adverse effects of
climate change, taking into account national development processes, by undertaking, the
following:
(a) Assessing the risk of loss and damage associated with the adverse effects of climate
change, including slow onset impacts;
(b) Identifying options and designing and implementing country-driven risk management
strategies and approaches, including risk reduction, and risk transfer and risk sharing
mechanisms;
(c) The systematic observation of, and data collection on, the impacts of climate change, in
particular slow onset impacts, and accounting for losses, as appropriate;

8. Evolution of the Concept of Loss &
Damage
COP 18: Outcomes in Durban
Provided to take into account common but differentiated responsibilities and respective
capabilities and specific national and regional development priorities, objectives and
circumstances, to enhance action on addressing loss and damage associated with the
adverse effects of climate change, taking into account national development processes, by
undertaking, the following:
(d) Implementing comprehensive climate risk management approaches, including scaling
up and replicating good practices and pilot initiatives;
(e) Promoting an enabling environment that would encourage investment and the
involvement of relevant stakeholders in climate risk management;
(f) Involving vulnerable communities and populations, and civil society, the private sector
and other relevant stakeholders, in the assessment of and response to loss and damage;
(g) Enhancing access to, sharing and the use of data, at the regional, national and
subnational levels, such as hydro meteorological data and metadata, on a voluntary basis,
to facilitate the assessment and management of climate-related risk;

9. Evolution of the Concept of Loss &
Damage
COP 19: Outcomes in Warsaw
Established the Warsaw international mechanism for loss and damage, under the Cancun
Adaptation Framework, subject to review at the twenty-second session of the Conference of the
Parties (November–December 2016)
Established an executive committee of the Warsaw international mechanism, which shall
function under the guidance of, and be accountable to, the Conference of the Parties, to guide
the implementation of functions referred to under paragraph 5 below
The executive committee to report annually to the Conference of the Parties through the
Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for
Implementation and make recommendations, as appropriate;
The executive committee shall consist of two representatives from each of the following bodies
under the Convention, ensuring that there is a balanced representation between developed and
developing country Parties
The Warsaw international mechanism shall fulfil the role under the Convention of promoting
the implementation of approaches to address loss and damage associated with the adverse
effects of climate change, pursuant to decision 3/CP.18, in a comprehensive, integrated and
coherent manner.

10. Evolution of the Concept of Loss &
Damage
COP 19: Outcomes in Warsaw
The Warsaw international mechanism will:
(a) Facilitate support of actions to address loss and damage;
(b) Improve coordination of the relevant work of existing bodies under the
Convention;
(c) Convene meetings of relevant experts and stakeholders;
(d) Promote the development of, and compile, analyse, synthesize and review
information; All levels refer to national, regional and international levels.
(e) Provide technical guidance and support;
(f) Make recommendations, as appropriate, on how to enhance engagement,
actions and coherence under and outside the Convention, including on how to
mobilize resources and expertise at different levels;

11. Action Areas of the WIM (1/2)
■ Vulnerable groups (particularly vulnerable developing countries,
segments of the population that are already vulnerable owing to
geography, socioeconomic status, livelihoods, gender, age, indigenous or
minority status or disability, …)
■ Risk management: (enhance the understanding of, and promote,
comprehensive risk management approaches )
■ Slow onset event: Enhance data on and knowledge of the risks of slow
onset events and their impacts, and identify ways forward
■ Non- economic loss and damage: Enhance data on and knowledge of
non-economic losses associated with the adverse effects of climate
change and identify ways forward
■ Capacity & coordination: Enhance the understanding of the capacity and
coordination needs

12. Action Areas of the WIM (2/2)
■ Migration, displacement & mobility: Enhance the understanding of and
expertise on how the impacts of climate change are affecting patterns of
migration, displacement and human mobility
■ Financial instruments: Encourage comprehensive risk management by
the diffusion of information related to financial instruments and tools
that address the risks of loss and
■ Organisations: Complement, draw upon the work of and involve, as
appropriate, existing bodies and expert groups under the Convention
■ 5 year rolling work plan: Develop a five-year rolling workplan for
consideration at COP 22 building on the results of this two-year workplan
to continue guiding the implementation of the functions of the Warsaw
International Mechanism

13. Evolution of the Concept of Loss and
Damage
COP21 Paris: Outcomes
Article 8 introduced a separate article on loss and damage (formerly treated together with
adaptation)
Decided on the continuation of the Warsaw International Mechanism for Loss and Damage
associated with Climate Change Impacts, following the review in 2016;
Requests the Executive Committee of the Warsaw International Mechanism to establish,
according to its procedures and mandate, a task force to complement, draw upon the work
of and involve, as appropriate, existing bodies and expert groups under the Convention
including the Adaptation Committee and the Least Developed Countries Expert Group, as
well as relevant organizations and expert bodies outside the Convention, to develop
recommendations for integrated approaches to avert, minimize and address displacement
related to the adverse impacts of climate change;
Article 8 of the Agreement does not involve or provide a basis for any liability or
compensation

14. Loss & Damage in COP22
■ 2 Decisions on the WIM & and the review of the WIM
■ The Parties discussed on the role of the WIM, the review process of the WIM,
and the 5yr work plan of the WIM
■ Periodical reviews to be taking place, no more than 5 years apart, next review
to be in 2019
■ The review of the WIM will include: progress on the implementation of the
workplan of the WIM, long-term vision that guides ways in which the WIM may
be enhanced and strengthened
■ Financial support for loss and damage is/was always a key issue: technical
paper to be prepared by the UNFCCC Secretariat to move forward on this
discussion and include an elaboration of finance available for addressing loss
and damage as described in relevant decisions, outside the Financial
Mechanism, as well as the modalities for accessing it;

15. Loss & Damage in COP22
Recommended that the following may advance the work of the Executive
Committee:
(a) Enhancing collaboration, cooperation and partnerships with bodies, entities and
work programmes, including the Paris Committee on Capacity-building, within and
outside the Convention;
(b) Considering the establishment of, as appropriate, additional expert groups,
subcommittees, panels, thematic advisory groups or focused working groups to
assist it in conducting its work and supporting its efforts to enhance action and
support for loss and damage as provided for in decision 2/CP.19, paragraph 5(c)(i–
iii);
(c) Improving access to, and interaction with, relevant scientific and technical
panels, bodies and expertise available to the Warsaw International Mechanism

16. Call for Submission on Loss & Damage:
Deadline 28th of February 2017
■ COP also invited Parties and relevant organizations to submit, by 28 February
2017, views and relevant inputs on possible activities under each strategic
workstream as contained in the framework for the five-year rolling workplan of
the Executive Committee, with a focus on workstreams (e), (f) and (g)
- Migration, displacement & mobility: Enhance the understanding of and expertise
on how the impacts of climate change are affecting patterns of migration,
displacement and human mobility
- Financial instruments: Encourage comprehensive risk management by the
diffusion of information related to financial instruments and tools that address the
risks of loss and
- Organisations: Complement, draw upon the work of and involve, as appropriate,
existing bodies and expert groups under the Convention

17. Thank you!
vositha@gmail.com
slycantrust.org
(photo credits IISD)