Language that singles out LDCs in the Convention/COP

Legal assistance paper

All reasonable efforts have been made to ensure the accuracy of this information at the time the advice was produced (please refer to the date produced below). However, the materials have been prepared for informational purposes only and may have been superseded by more recent developments. They do not constitute formal legal advice or create a lawyer-client relationship. You should seek legal advice to take account of your own interests. To the extent permitted any liability is excluded. Those consulting the database may wish to contact LRI for clarifications and an updated analysis.

Date produced: 08/06/2024

Query: 

Please review the Convention and COP decisions to identify any language used which singles out (financial) support to LDCs and SIDS for reporting. 

Advice: 

Below are a few examples of provisions in the Convention and COP decisions that could be used to support the argument that language on support to LDCs for reporting was already present in the UNFCCC, prior to the Paris Agreement being adopted: 

  • Article 4, paragraph 9 of the Convention – The Parties shall take full account of the specific needs and special situations of the least developed countries in their actions with regard to funding and transfer of technology. 
  • Decision 5/CP.7 (FCCC/CP/2001/13/Add.1) on implementation of Article 4, paras 8 and 9 of the Convention ‘Not(es) that many of the least developed country Parties do not have the capacity to prepare and submit national communications in the foreseeable future,(…)’ and at para.15: ‘Decides that support be provided for the development, by the least developed countries, of national adaptation programmes of action which will serve as a simplified and direct channel of communication of information relating to the vulnerabilities and adaptation needs of the least developed countries; the information contained in national adaptation programmes of action may constitute the first step in the preparation of initial national communications;’ 
  • Decision 6/CP.7 para.1: ‘Decides that, in accordance with Articles 4.3, 4.5 and 11.1 of the Convention, the GEF, as an operating entity of the financial mechanism, should provide financial resources to developing country Parties, in particular the least developed and the small island developing States among them, for the following activities, including those identified in paragraph 7 of decision 5/CP.7 (…) (k) Supporting the continuation of GEF-related programmes which assist Parties that are at various stages of preparing and/or completing their initial national communications;’ 
  • Decision 7/CP.7, para.6: ‘Decides also that a least developed countries fund shall be established, which shall be operated by an entity entrusted with the operation of the financial mechanism, under the guidance of the Conference of the Parties, to support a work programme for the least developed countries. This work programme shall include, inter alia, national adaptation programmes of action in accordance with Section II, “Implementation of Article 4, paragraph 9, of the Convention”, of decision 5/CP.7;’ 
  • Decision 4/CP.28 on Long Term Climate Finance at para 10 ‘Emphasizes the need for further efforts to enhance access to climate finance, including through harmonized, simplified and direct access procedures to address the needs of developing country Parties, in particular for the least developed countries and small island developing states’. 

SBI reports:  

  • SBI 59 Report, conclusions on the report of the Consultative Group of Experts. Para. 28 (b). ‘The SBI requested the CGE, in developing and implementing its workplan for 2024, to consider, to the extent possible: 

(b) Giving special consideration to the least developed countries and small island developing States in its provision of technical support and advice;’