The issue of loss and damage may send the UN Cop 27 climate talks into overtime, as developing countries today warned the lack of an agreement could undermine the outcome of the conference.
Officials from a number of developing countries expressed growing frustration that developed nations are resisting calls to include a loss and damage fund in the final agreement for the talks being held in Sharm el-Sheikh, Egypt.
The countries say that for this Cop to be considered a success, it must include an agreement to create a loss and damage funding facility under the UN Framework Convention on Climate Change (UNFCCC), with the finer details to be worked out over the next year or two.
"We are asking for one single decision, to establish a loss and damage finance facility at this Cop, then we can work on the modalities," said Molwyn Joseph, environment and health minister of Antigua and Barbuda, who chairs the intergovernmental organisation Alliance of Small Island States.
The absence of such an agreement, some officials said, would damage the work of past negotiations and the long-standing "bargain" that underpins the Cop system that calls for countries to take on "common but differentiated responsibilities".
Under the Article 3 of the UNFCCC, parties should protect the climate system on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities, with developing countries taking the lead accordingly in the fight against global warming.
"For this bargain not to be broken we do have to go forward with at the very least a political announcement of intent," Pakistan climate change minister Sherry Rehman said.
The countries say that the feel they are being ignored by the major emitters who are responsible for the vast majority of historical greenhouse gas (GHG) emissions, while they suffer some of the greatest consequences of climate change.
Loss and damage refers to the destructive effects of global warming, and is a priority for many vulnerable countries experiencing extreme climate-related events such as storms and rising sea levels.
"It is a pivotal moment, it is a moment that will be decisive for millions of people," Rehman said, citing the widespread floods in her country.
The G77 coalition of developing nations stopped short of saying the issue could effectively scuttle the talks, which also are seeking to address other issues including climate finance and the rules around carbon credits that can be used toward Paris agreement commitments. But they have not ruled out the threat of a walk out.
"That is an option, but things are moving fast. It was discussed as an option" by the G77, Vanuatu climate minister Ralph Regenvanu. But he also stressed that "negotiations are ongoing."
The G77 nations and China have put forth a proposal calling for agreement to create a loss and damage funding facility under the UNFCCC, with its principles and operating policies to be decided by next year's Cop in the UAE.
The US State Department declined to comment on the proposal.
US climate envoy John Kerry has said the country is committed to reaching a deal on loss and damage, but earlier in the talks also expressed concern that developing countries will seek to assign them some sort of legal liability.
"That is just not happening," he said.
Rehman said she is sensitive to those concerns and does not want other countries to feel like they are being "put in a corner," suggesting there may be a way to address the liability concerns.
"I think we can work around all those anxieties," she said.
Rehman also said the G77 countries are not "seeking reparations" through their call for a loss and damage fund.
"We are not using that language," she said.
At the very least, the issue seems likely to push the conference past its scheduled 18 November end date, although Cop 27 president Sameh Shoukry, Egypt's foreign minister, late yesterday told delegates that he remains committed to ending the talks on schedule. But also noted that a lot of work remains, including some technical negotiations that have carried over from the first week.
He is scheduled to give an additional update this evening.
