Integrating a transitional justice approach into climate finance negotiations and provision can help rectify historical wrongs, ensure fair distribution of resources, and support vulnerable populations in adapting to and mitigating the impacts of climate change, writes Augustine Njamnshi.
As we left Bonn, Germany, after the 60th Session of the Subsidiary Bodies of the United Nations Framework Convention on Climate Change, I couldn’t shake a feeling of concern about how we reached this point.
The meetings aimed to highlight the lessons learnt from the first Global Stocktake, expand on the mandates from COP28, and provide assistance to developing countries in preparing their biennial transparency reports. The outputs would play a pivotal role in shaping the agenda for COP29 in Baku, Azerbaijan, scheduled for November 2024. One of the primary topics slated for discussion at the Bonn climate meetings was the establishment of a new global climate finance goal, which governments are anticipated to set at COP29, given its specific focus on climate finance.
Despite the significance of these meetings, the unfortunate truth of the North–South gap persisted, as typical tactics diverted attention from the pressing issue at hand: climate finance. Lately, this scenario has characterised climate negotiations, leaving developing countries with the impression that developed countries see climate finance discussions as a “red flag” and developing countries as begging or money-minded.
This is a threat to climate justice. Therefore, climate change and climate finance negotiations must be viewed from a transitional justice perspective.
Historical Responsibility
Historically, developed countries have contributed significantly more to greenhouse gas emissions than developing countries. A transitional justice approach acknowledges this responsibility and aims to correct historical injustices by ensuring these countries contribute more to climate finance.
It is true that we all have to “clean the climate mess.” But in doing so, we should not forget who created the mess and continues to do so, who benefited from the mess and continues to do so, and who should lead in cleaning the mess and has the capacity to do so. This is the core of the principle of Common but Differentiated Responsibility and Respective Capabilities, a cornerstone of the UNFCCC.
The effects of climate change are already evident and are growing each day. The Paris Agreement clearly specifies which parties are responsible for providing funds, who will benefit, and the intended purposes of the funds. Article 9.1–2 states:
1. Developed country Parties shall provide financial resources to assist developing country Parties for both mitigation and adaptation in continuation of their existing obligations under the Convention.
2. Other Parties are encouraged to provide or continue to provide such support voluntarily.
As long as everyone has to put their hands on deck to stop and clean the climate mess, money is needed and, therefore, developed countries are obliged to provide the money for developing countries to do so. Other parties – non-developed countries – are encouraged, not obliged, to provide such support voluntarily.
Vulnerable Populations and Equitable Distribution
Climate change has a greater impact on vulnerable populations in developing countries, as they frequently lack the necessary resources to adjust. A transitional justice approach ensures these communities receive the necessary support to cope with climate impacts.
The provision of climate finance should be anchored on developing countries’ felt needs, not quick fixes. A transitional justice perspective promotes the equitable distribution of climate finance, ensuring that funds are allocated based on need and vulnerability rather than political or economic influence.
For this reason, Article 9.3 of the Paris Agreement states:
As part of a global effort, developed country Parties should continue to take the lead in mobilizing climate finance from a wide variety of sources, instruments and channels, noting the significant role of public funds, through a variety of actions, including supporting country-driven strategies, and taking into account the needs and priorities of developing country Parties. Such mobilization of climate finance should represent a progression beyond previous efforts.
What therefore are the felt needs and priorities of developing countries? In general, the priorities of developing countries, especially in Africa, are adapting to the present and future impacts of climate change, poverty eradication and sustainable development.
This means developed countries should provide money mainly in the form of grants to help developing countries cope with the impacts of climate change that they did not cause in the first place. Grants, not loans, because “you cannot set fire to someone’s house and sell them the fire extinguisher, or worse still, loan them money to rebuild it,” as we say in the Pan African Climate Justice Alliance.
In line with this, Article 9.4 states:
The provision of scaled-up financial resources should aim to achieve a balance between adaptation and mitigation, taking into account country-driven strategies, and the priorities and needs of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change and have significant capacity constraints, such as the least developed countries and small island developing States, considering the need for public and grant-based resources for adaptation.
Reparations and Redress
By viewing climate finance through a transitional justice lens, reparations and redress for communities that have suffered losses and damages due to climate change become central, as does promoting healing and reconciliation.
The past decades have shown us that the political “feel-good” announcements that developed countries make on stage each time we have a big meeting do not help. We have heard such statements many a time! We have also had experiences where developed countries turn around and baptise anything as climate finance. Attempts to count activities such as efforts to stop illegal immigration from Africa to Europe and space research as climate finance are just a couple of examples.
Predictability, therefore, remains key. For that reason, Article 9.5 of the Paris Agreement states:
Developed country Parties shall biennially communicate indicative quantitative and qualitative information related to paragraphs 1 and 3 of this Article, as applicable, including, as available, projected levels of public financial resources to be provided to developing country Parties. Other Parties providing resources are encouraged to communicate biennially such information on a voluntary basis.
Participation, Inclusion and Trust Building
A transitional justice approach ensures that affected communities actively participate in climate finance decision-making processes, promoting transparency, accountability and inclusivity. Moreover, incorporating principles of transitional justice can build trust between developed and developing countries, fostering better cooperation and more effective climate action.
In providing improved financial support to developing countries, developed countries must show utmost transparency by providing timely and useful information. Article 9.7 of the Agreement states:
Developed country Parties shall provide transparent and consistent information on support for developing country Parties provided and mobilized through public interventions biennially in accordance with the modalities, procedures and guidelines to be adopted by the Conference of the Parties serving as the meeting of the Parties to this Agreement, at its first session, as stipulated in Article 13, paragraph 13. Other Parties are encouraged to do so.
A Transitional Justice Approach in Service of Climate Justice
Addressing past injustices and ensuring fair treatment of all parties lays a foundation for long-term sustainability and resilience, creating a more just and equitable global response to climate change. Overall, integrating a transitional justice approach into climate finance negotiations and provision can help rectify historical wrongs, ensure fair distribution of resources, and support vulnerable populations in adapting to and mitigating the impacts of climate change.
Augustine Njamnshi
Augustine Njamnshi is the Chair of Technical and Political Affairs for the Pan African Climate Justice Alliance.