CLIMATE CHANGE AND HUMAN RIGHTS The UNEP Global Adaptation Report also highlighted other key barriers to adaptation in developing countries, including lack of access to technologies and limitations in existing technologies, lack of knowledge about the impacts of climate change and the effectiveness of various adaptation measures, and problems with institutional capacity and governance in some countries. Even if countries increase their mitigation ambition and can limit warming to 2°C, it will be challenging for many countries to fulfill human rights obligations related to climate change adaptation. 3.4 Financial and Technical Assistance to Developing Countries In the 2009 Copenhagen Accord, developed countries committed to a goal of mobilizing US$100 billion per year by 2020 to “address the needs of developing countries” in the context of “meaningful mitigation actions and transparency on implementation”230 The expectation was that this funding would come from a variety of public and private sources (not just foreign aid).231 This commitment was reaffirmed in the 2010 Cancun Agreements.232 The Cancun Agreements also called for the creation of a Green Climate Fund (GCF),233 with the stated objective of “achieving a balanced allocation between adaptation and mitigation.”234 The draft negotiating text for the Paris Agreement contains proposed text for scaling up finance after 2020, but does not specify a numeric target for this goal.235 As of October 2, 2015, a total of 37 governments had made pledges to the GCF, amounting to US$10.2 billion (including $5.8 billion in signed pledges, and $4.4 billion in announced but not signed pledges). 236 Thus, the aggregate amount of the pledges (which are not annual pledges), is far below the $100 billion annual target. Moreover, the countries have not yet made financial commitments or mobilized any resources for loss and damage caused by the effects of climate change. However, a recent OECD report determined that many more funds have been mobilized outside of the context of the GCF.237 Specifically, the report concluded that developed countries had mobilized an average of US$57 billion per year in 2013-2014 for public and private climate finance in developing countries.238 This figure excludes the pledges that developed countries have made to the GCF. Notably, 77% of the mobilized climate finance addressed climate change mitigation only, 16% addressed adaptation only, and 7% consisted of activities designed to address both mitigation and adaptation.239 This data reinforces one key concern of developing countries— that international climate finance will prioritize mitigation over adaptation—and lends support to the idea that climate finance should be channeled through a global facility, like the GCF, to ensure that funds are more equally distributed between adaptation and mitigation. Even if the COP does meet its goal of mobilizing $100 billion in climate finance annually, this will not be adequate to address the effect of climate change on human rights. As noted by the World Resources Institute, $100 billion is “only a fraction of the finance needed to keep the average temperature increase to 2°C,”240 and clearly insufficient to meet both adaptation and mitigation needs in developing countries. On a more positive note, there are some promising examples of state action aimed at providing technical assistance to developing countries and addressing the transboundary impacts of climate change. For example, in October 2014, 110 countries endorsed the Nansen Initiative Protection Agenda, which calls for additional research on international displacement caused by natural disasters, including climate-related disasters, and which directs countries to make better use of humanitarian measures to help those displaced across borders.241 230 231 232 233 234 235 236 237 238 239 240 241 UNFCCC Decision 2/CP.15, Copenhagen Accord, ¶ 8, UN Doc. FCCC/CP/2009/11/Add.1 (March 30, 2010). Id. Cancun Agreements (2011), supra note 86, at ¶ 98. Id. at ¶ 100-112. The Agreements did not, however, announce a separate target for adaptation funding—as a result, it is unclear whether the COP intended to raise $100 billion to finance both mitigation and adaptation in developing countries, or if additional funds will be mobilized for adaptation. Id., Appendix III, ¶1(c).. Draft Agreement, Ad Hoc Working Group on the Durban Platform for Enhanced Action, Article 6: Finance, ¶ 5, UN Doc ADP.2015.8.Informal Note, Section F, Finance. Green Climate Fund Pledge Tracker, Status of Pledges and Contributions made to the Green Climate Fund (Oct. 1, 2015). OECD, Climate Finance in 2013-14 and the USD 100 Billion Goal (2015). Id. at 10. Id. at 28. Michael I. Westphal et al., WRI, Getting to $100 Billion: Climate Finance Scenarios and Projections to 2020 5 (May 2015) Nansen Initiative, Agenda for the Protection of Cross-Border Displaced Persons in the Context of Disasters and Climate Change (2015). I M P L E M E N TAT I O N A S S E S S M E N T 33

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