UK’s Red List Ahead of COP26 Exposes Long-Running Inequity

What left many grumbling at the 26th meeting of the Conference of Parties (COP26) held in November in Glasgow was rich countries like the United States and those in the European Union striking down the Glasgow Loss and Damage Facility, a body created to address how to compensate developing countries for climate change-related losses and damages. Wealthy countries have been found to be most responsible for causing the climate crisis and face litigation as well as ensuing liabilities and payouts. 

But the demand to recognize loss and damage remains alive. A good indication being many climate-vulnerable developing countries have referenced loss and damage in their Nationally Determined Contributions (NDCs). Under the 2015 Paris Agreement, countries are required to submit NDCs to detail their national action to address global climate change, including steps to adapt to a changing climate and the form of financial assistance needed to undertake such action. 

Small-Income and Developing Countries Hard Hit

A report published in October, 2021 found one-third of the 250 NDCs that were analyzed explicitly mentioned loss and damage. Most were from small-island developing states and least developed countries in the Asia-Pacific, Latin America and the Caribbean. The report was supported by the European Research Council’s Politics of Climate Change Loss and Damage (CCLAD) project. 

“NDCs are political documents and not just technical submissions [under the Paris Agreement],” said Elisa Calliari, a co-author of the report. 

Developed countries tend to focus on mitigation action, like the deployment of renewable energy. But that hasn’t been the case for the majority of the world’s states.

“Developing countries have pushed hard for the inclusion of adaptation in NDCs because, for them, this is more of a priority than mitigation,” Calliari pointed out. “So you can see the politics.”

For people living in an island nation like Sri Lanka, “key loss and damage impacts are felt in food systems and other vulnerable sectors, like the coastal and marine sector and water resources. These impacts have already resulted in migration interlinked with or induced by climate change among vulnerable communities,” said Vositha Wijenayake, executive director of the SLYCAN Trust, a non-profit think tank working in Asia, Africa and Europe. Its work focuses on climate change, biodiversity and ecosystems, sustainable development, and social justice. 

Sri Lanka is classified as a lower-middle income/developing country. Given that it is also an island, its exposure to climate-related risks is high. These two factors make it extremely vulnerable to climate impacts and the ability to withstand them.

So, Wijenayake added, it is important for countries most vulnerable to climate change that loss and damage is a “key component” in addressing climate change processes, both negotiations and climate action. And this is why Sri Lanka was among the first countries to have a separate section allocated to loss and damage commitments included in its first NDCs submitted in September 2016. Building on this, the updated NDC of Sri Lanka submitted last July includes a separate section on loss and damage.

Interestingly, the report says upper-income countries like Costa Rica, Chile and Uruguay also have cited loss and damage in their NDCs. 

And outside of NDCs, many developing countries have explicitly stated loss- and damage-related demands. For instance, consider India’s environment ministry laying out ahead of COP26, “There should be a compensation for expenses incurred, and it should be borne by developed nations.”

How to Fund Loss and Damage

A question that usually rears its head with respect to addressing loss and damage is how to “operationalize” it, or what processes and institutions could be set up at the global and national levels to address loss and damage. 

“[One way would be] to look at NDCs for a bottom-up approach to understand how countries themselves are looking at loss and damage,” Calliari said. 

Of the NDCs that explicitly mention loss and damage, around half specify loss- and damage-related responses and initiatives like data gathering, analysis and assessment, and institutional capacities to address loss and damage. For example, Sri Lanka’s NDC has a whole section on loss and damage. It mentions strengthening its weather and climate forecasting systems, plus improving data management to record loss and damage. Meanwhile, Honduras’ NDC puts forth a “gender-responsive agricultural insurance mechanism for loss and damage.”

Wijenayake also stressed “inclusive and participatory processes,” in which the voices of those vulnerable to climate change are taken into account in the national and international policy-making processes. As is “ground-level implementation,” she added. 

And so, country-specific NDCs could potentially be a good starting point to determine how to put mechanisms in place to address loss and damage on a global scale. 

Getting Polluting Countries to Pay

The other gap that exists today is how finance can be mobilized to fund efforts that compensate for climate change-related loss and damage. A recent study by the Stockholm Environment Institute offers potential solutions. 

The researchers propose finance should be provided based on the following:

• Solidarity,
• “polluter pays” principle that is based on “historical responsibility,” and 
• the established notion of “common but differentiated responsibilities and respective capabilities” (or CBDR-RC, for short) under the United Nations Framework Convention on Climate Change (UNFCCC). 

CBDR-RC means that while climate change is a shared concern, rich countries with a history of emitting carbon—like the United States and those in Europe—have a greater responsibility to take climate action than the poorer countries.  

The “polluter pays” principle has only been used to hold fossil fuel companies accountable for environmental destruction. It implies more strict liabilities than “historical responsibilities,” which outlines broad principles based on past emissions. 

The authors stress a combined approach that deploys the principles of solidarity, polluter pays and historical responsibility, as well as using the framework of CBDR-RC, to finance loss and damage. 

A strictly liability-based approach would be “politically infeasible and communities cannot wait for years to prove the liability,” said Zoha Shawoo, an associate scientist at the Stockholm Environment Institute as well as one of the authors of the SEI report. 

The research team also looked at methods of recovery and rehabilitation that communities would need after financing efforts to cover losses and damages. Those efforts can include planning the relocation of communities, assisting with migration and providing affected people with alternative livelihoods. Here, too, NDCs could help with granular details like national-level entities and processes that could assist local communities with issues like displacement and loss of livelihood. 

Rishika Pardikar is a freelance journalist in Bangalore, India. She had reported for Toward Freedom from COP26 in Glasgow.

On July 9, security guards shot a 24-year-old man on the premises of forestry company Forestal Mininco in the city of Carahue in Chile’s Araucanía region in what the Chilean media described at the time as an “armed confrontation.” 

Pablo Marchant Gutiérrez, a Chilean anthropology student who had joined the indigenous Mapuche people’s struggle for autonomy and recuperation of ancestral lands, was found dead after what appeared to be an execution.

Marchant’s killing is the latest incident in the conflict between Mapuche communities and Forestal Mininco, which has been accused of human-rights abuses during violent land evictions in Wallmapu. That is the Indigenous name of the Mapuche people’s ancestral home, which encompasses the southern cone of South America that is divided between the modern states of Chile and Argentina. Because Mapuche culture is tied to the land, its medicinal plants, as well as geographical elements such as lakes, rivers and forests, denying the Mapuche people the right to live there is tantamount to genocide, per the United Nations’ definition. 

However, between former U.S.-backed dictator Augusto Pinochet’s terror laws being used to criminalize Mapuche elders and activists, the United States and the United Kingdom arming Chile’s security forces, and the failure of international agencies to treat the Mapuche conflict with urgency, the West appears complicit in the genocide of the Mapuche people.

Questioning Authorities

Not satisfied with the official accounts of events, Marchant’s family requested forensic investigations, from which a sinister picture emerged of what had happened on Forestal Mininco’s premises.

The investigation found Marchant was shot in the back, contradicting the police’s account that Marchant had threatened officers with a M16 assault rifle. The report stated he was killed “on his knees” with his head inclined towards the floor, and that his injuries were consistent with that of an execution.

Neither the police nor prosecution services informed Myriam Gutiérrez, Marchant’s mother, of her son’s death. Instead, the Mapuche community relayed the news. Afterward, Legal Services of Temuco—another city in the Araucanía region—called Gutiérrez, saying she needed to be present at the autopsy. However, when Gutiérrez arrived, she wasn’t allowed in the facility.

“To this day, five months on, there has been no form of justice against those who have protected my son’s murderers,” Gutiérrez told Toward Freedom. “I must also point out that these cases are never resolved because the state does not recognize these [recuperation] acts as legitimate—instead, they qualify them as ‘terrorist actions.’”

Toward Freedom contacted Forestal Mininco, the Chilean consulate in London, and Chile’s Interior and Security Ministry, but they did not respond as of press time.

Human Rights Violations

Not long after Marchant’s death, President Sebastian Piñera announced on October 12 a state of emergency in response to escalating tension in the southern regions of the Andean country. Over 1,000 troops are deployed in the Araucanía region, armed with drones, tanks and anti-riot weaponry. The central Chilean region is known for its virgin forests.

Less than a month into the military occupation, security forces opened fire at a roadblock, killing one Indigenous man and injuring several others, including a 9-year-old girl.

Despite the frequency and severity of the violence, political persecution and racism Mapuche communities face have failed to prompt an appropriate response from international agencies. Free from international intervention, Chilean security forces have been able to kill, evict and arrest Mapuche people with complete impunity, all with an eye to protect the interests of industries operating out of contested Indigenous land.  This comes despite Chile being a signatory to the 1989 Indigenous and Tribal Peoples Convention of the International Labour Organization (ILO Convention 169) and the United Nations Declaration on the Rights of Indigenous Peoples. Chile is the only Latin American country that does not recognize the existence of Indigenous peoples in its constitution.

“What the state is doing is colonial domination against the Mapuche people via a repressive genocidal political agenda, in turn denying their right to exist as an autonomous Mapuche nation,” Gutiérrez said. “Pablo knew and understood that people were being repressed and that they had been banished from their land in a brutal and repressive manner.”

Subsidizing Corporations

Chile currently holds the largest planted area of Pinus radiata, or Monterey pine trees, in the world. These fast-growing, medium-density softwood trees are known for their versatile uses, ranging from constructing homes, cabinets, boats and furniture to acting as a noise buffer in residential areas. 

The Mininco and Arauco forestry companies own over 2 million hectares (4.94 million acres) of forest and supply 400 different products in approximately 80 countries, including wood chips for paper pulp production.

The forestry sector’s success can be attributed to state subsidies and land grabs facilitated during Augusto Pinochet’s time as the U.S.-backed dictator following the 1973 coup. Pinochet’s extractivist policies ensured more than $800 million in Chilean tax money funded the sector. Large swathes of land previously belonging to the Mapuche people, peasant farmers and state-owned agencies, such as CORFO (Chile’s economic development agency), were seized and handed to Pinochet’s inner circle, including Julio Ponce Lerou, his son-in-law.

Today, Mapuche attempts to recover ancestral land via land reclamations are met with brutal evictions and violent attacks that sometimes claim the lives of their leaders, Reynaldo Mariqueo, director of UK-based NGO Mapuche International Link, told Toward Freedom.

“Though most political parties recognize that the conflict with Mapuche people is political and not military, they continue to ignore demands for restitution of their lands, autonomy and self-determination,” Mariqueo said. 

Western Complicity

The military occupation of Araucanía would not be possible without the support of the international arms industry. Multiple human-rights NGOs, such as Amnesty International and Human Rights Watch, decrying human-rights abuses that took place during the 2019-20 social unrest dubbed “El Estallido.” Yet, countries such as the United States and the United Kingdom have continued to supply arms to Chile, whose military expenditure is one of the highest in the world, making up around 1.9 per cent of GDP.

In February, the Biden administration’s first foreign arms sale was to Chile. The $85 million package included:

• 16 SM-2 block IIIA rail-launched missiles, 
• two MK 89 Mod 0 guidance section adapters, 
• one target-detection device kit,
• Mod 14 naval guns systems, and
• associated training and supplies.

The UK also has armed Chile’s repressive military forces. A Freedom of Information request by British newspaper Byline Times found 50 percent of the £164 million ($217 million USD) worth of arms licenses sold to Chile since 2008 had been granted during 2019-20. This included so-called “non-lethal” weapons, such as smoke canisters, tear gas and other riot-control agents. Those tools were turned on more than 500 Chilean people who lost sight in one or both eyes. A similar tactic had been deployed during the 2019-20 Yellow Vests uprisings in France.

Genocide for Profit

None of the Chilean government administrations since the 1989 transition to democracy have challenged the might of forestry companies in Araucanía.

Whether left-leaning like Michelle Bachelet or extreme-right like Sebastian Piñera, the conflict rages on to the detriment of Indigenous people. It was Bachelet who commissioned the FBI to investigate the existence among Mapuche activists of terror cells linked to guerrilla groups like the Revolutionary Armed Forces of Colombia (FARC) and Basque Fatherland and Liberty (ETA). And it was Bachelet who conceived special unit Comando Jungla, a special military force trained in the Colombian jungle to combat alleged terrorism and narcotics operations in Chile.

“The militarization of the region continues, giving carte blanche to commit all kinds of atrocities against those communities peacefully struggling for the right to live on ancestral land,” Mariqueo said.

Meanwhile, Gutiérrez said her son only sought to help defend Wallmapu.

“He wanted to be among, collaborate and live like a Mapuche.”

Carole Concha Bell is an Anglo-Chilean writer and Ph.D. student at King’s College London.

Editor’s Note: African Stream originally published this report.

Check out parts 1 and 2 of African Stream’s exclusive report in the videos below.

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