A GLOBAL CALL TO ACTION: ADDRESSING PLASTIC POLLUTION THROUGH THE UNEP-LED TREATY

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Having recognized the transboundary and utterly critical nature of plastic pollution, the international community spearheaded by the UNEP, began serious contemplation of a more definitive global strategy that could address the plastic crisis. Key to these considerations was the consideration of the gaps that had not been addressed by previous legislation on plastic pollution. This includes objectives that encompass the entire lifecycle of plastics and extended producer responsibility. ^[1]

 On March 2nd, 2022, at the resumed fourth session of the United Nations Environmental Assembly (UNEA-5.2), the assembly adopted the historic resolution to develop a global plastics treaty that would act as a tool to curb environmental pollution. The resolution adopted aims at reducing all forms of plastic pollution including ocean pollution and microplastics. The resolution also requested the Executive director of UNEP to convene an Intergovernmental Negotiating Committee (INC) to develop the instrument.  ^[2]

The INC began its work vigorously during the second half of 2022 with the hopes of completing the negotiations by the end of 2024. The first session of the inc (INC-1) was held in Punta del Este, Uruguay from 28 November to 2 December 2022. The second session (INC-2) was held in  Paris, France from 29 May to 2 June 2023 while the third session (INC-3) took place in Nairobi, Kenya from 13 to 19 November 2023. At INC-3, it was decided on the dates and the venues where the next sessions would be occurring in 2024^[3].

The proposal of the treaty embodies an ambitious plan not only to mitigate pollution after it occurs but also to fundamentally alter the very systems that produce, consume, protect biodiversity, and safeguard human health consequently contributing to the broader goals of sustainable development. These treaty discussions present a significant chance to highlight unique regional challenges, especially for African countries, and advocate for tailored solutions.

1. KEY CONSIDERATIONS FOR THE GLOBAL PLASTICS TREATY

 The Principle of common but differentiated responsibilities is a universal principle that is often used as the governing principle employed in international environmental treaties. This enables it to guide negotiations, especially for developing countries to the extent of plastic pollution. Developing countries often face a huge burden in plastic pollution as most plastic waste is dumped into the seas of developing countries. Notably, in countries like Ghana, Kenya, and South Africa, some recommendations ought to be tabled as a guide. ^[4]

The actions to be addressed by the treaty soul include issues related to:

1. Preventing and minimizing waste by including a system-based approach that looks at the full life cycle of plastics.

The treaty should consider policies and guidelines that encourage producer companies to ensure their mode of production considers reducing plastic production. This would mean that it takes into thought production processes that cater to the end-of-life of products and packaging.  The framework should encourage companies to redesign their practices aiming for the recyclability of practices hence forging a path away from a disposable culture. These would require the implementation of Extended producer responsibility (EPR) as a cornerstone principle shifting the economic burden of recycling, waste collection, and disposal from local governments and taxpayers to the manufacturers. ^[5]

Moreover, the treaty could address recycling by manufacturers by offering incentives or issuing mandates that ensure companies use a certain amount of recycled plastics.The establishment of guidelines for responsible plastic management is crucial as it targets practices that pose environmental and public health risks. The treaty needs to prioritize strategies to prevent and minimize plastic waste through design innovations that facilitate global standards for recycling and reusing.

 This would encourage innovation in material usage such as the adoption of biodegradable and non-biodegradable materials. This would reduce the number of plastics entering the market hence diminishing the plastic leakage and ultimately fostering a clean transition toward a plastic-cognisant system. Producers could also be encouraged to share best practices, technological exchanges, and financial support mechanisms, with other companies, particularly the SMEs in developing Nations that may otherwise be struggling with the transition to more sustainable production methods.^[6]

2. The treaty should consider the underlying issues of legal policy and institutional mechanisms needed to ensure there is successful implementation at the country level.

This is because the successful implementation of the treaty is contingent upon the harmonious interplay between the treaty obligations and the domestic legal policy and institutional frameworks of the country. Such an interplay would necessitate an alignment of national laws to reflect the treaty’s mandates through amendment of the laws or enactment of new legislation. However, for this to be done, the treaty ought to be clear in its guidelines so they can be easily adopted in the specific context of individual states considering the varying economic social, and environmental scenarios. ^[7]

This would be perfectly complimented by technical support and the transfer of knowledge to countries that lack the needed expertise. Such support structure would involve the translation of the global commitments into implementation strategies, action plans, and related capacities for inventories and measurements that are linked with any performance-based schemes that might be set in place.  This would ensure that each nation can meet the standards set out by the treaty.

3. The control of trade and the transboundary movement of plastics

To address the plastic issue, the treaty should focus on increasing the stringent measures and regulations on international trade and the cross-border movement of plastics to prevent the shifting of plastics burdens to other countries. This necessitates a varied mixture of voluntary and mandatory actions and principles such as the PIC especially for the communities heavily affected by the Impact of plastic pollution through the blue economy concept.  Notably, in learning from the Basel Convention, the treaty should take into consideration the resources and local legislation in different countries. Through this countries can put in place measures such as the education of local authorities in sea regulations thus helping avert illegal movement.

4. Local governments should ensure that there is efficient enforcement through public participation in decision-making 

Since the plastics challenge is complex, the solution ought not to be in silos but instead found in positive engagements by stakeholders and good political will. For the treaty to be an instrument of change, there ought to be the incorporation of strategies resources, and frameworks that are capable of evolving based on new insights, shared experiences of its parties, and the dynamic socio-economic landscape. For this to happen, the treaty should offer guidelines on how countries ought to tailor the strategies to the specific circumstances of the communities, organizations, and sectors that would be affected. ^[8]

 Therefore, when considering the implementation of the treaty, be it through new policy-making or amendments, the relevant shareholders should be consulted.  The treaty should endorse measures that facilitate the involvement of communities, NGOs intergovernmental organizations, and corporations in the private sector. Discussions amongst diverse stakeholders are crucial in ensuring the decisions are inclusive and rights-based in caring for various communities. Doing this will heighten awareness at the community level and catalyze community-driven stewardship. Further, it would promote international collaboration among its signatories fostering a collaborative network that propels the treaty’s objectives forward.

5. Provide financial mechanisms to aid in the implementation

The financial system embodied in the treaty should be attentive to the differing challenges faced by developing countries. The treaty could provide financing mechanisms as they underpin the changes mandated by the treaty. The mechanisms may take the form of green funds or grants and incentives tailored to support sustainable practices. This would offer an alternative vehicle for implementation in developing countries. The use of the polluter pays principle as the principle for repudiation of costs and the use of instruments such as the EPR, countries can be compensated for plastic management actions. Such a mechanism would support financial accountability that is associated with the production end of the plastic lifecycle. ^[9]

The UNDP plays a crucial role in this global initiative, as it assembles a range of stakeholders in both government and private sectors to ensure that local solutions are crafted in harmony with the anticipated guidelines from the treaty. Moreover, the UNDP’s commitment to amplifying the dulled voices of vulnerable and marginalized groups in societies ensures that all take part in the fight against plastic pollution. Therefore, the treaty presents a valuable opportunity for societies, particularly African societies, to contribute and gain from the international efforts to mitigate plastic impacts.  ^[10

ROLE OF STATE AND NON-STATE ACTORS IN TREATY IMPLEMENTATION

Governments of states,   non-governmental organizations (NGOs), Corporations, and civil societies at large have a huge role to play in the success of the implementation of the treaty. Both state and non-state actors can be involved differently in the implementation arena of the treaty. Non-state actors without a doubt have access to a plethora of resources which if utilized to the maximum,  implementation of the treaty would be eased. The non-state actors in the implementation of the treaty can corporate responsibilities and sustainable waste practices, Extended producer and consumer responsibilities public awareness, and community-based initiatives.

 

1. EXPLORING THE ROLE OF STATE ACTORS.         

1. RATIFICATION AND ENFORCEMENT OF THE TREAT

International agreements with great capacities of nations are more likely to lead to effective problem-solving. By ratification of these treaties, they legally bind themselves to the terms of the treaty and ensure compliance within their jurisdiction. The Parties should identify specific environmental issues to be tackled jointly and agree on specific and meaningful action as well as benchmarks to be achieved in this respect before the Parties can proceed to the ratification of the agreement.^[11] through this the states can pull into one accord and accomplish a similar goal in the long run. Through ratification of the treaty, it aids in forming the basis for achieving the environmental and climate objectives defined under the United Nations 2030 Agenda and its Sustainable Development Goals. It aligns with the goals of the Paris Agreement, the Rio Conventions, and the other existing multilateral environmental agreements.^[12] By ratifying the agreement individual states can enact policies into their national laws which are in line with the treaty.

2. INTERNATIONAL COOPERATION AND COMMITMENT.

International cooperation and commitment simply refer to inter-state cohesion to achieve a common goal. This however depends on diplomatic relations between countries as their cooperation plays a pivotal role in achieving treaty implementation. Many states belong to regional blocs where there are amicable relations between states of the bloc. Cooperation between these blocs could prove to be fundamental in implementing the treaty. Moreover, the cooperation in the blocs needs to be coupled with commitment to the set goals to be effective.

1. EXPLORING THE ROLE OF NON-STATE ACTORS IN TREATY IMPLEMENTATION

Non-state actors have majorly had minimal impact in the past implementation of treaties since they lack decision-making powers.

1. Corporate responsibilities and sustainable waste practices.

Corporations have an integral duty to adopt some sustainable waste practices as part of their Corporate Social Responsibility (CSR). This commitment involves reducing the generation of waste through improved operational processes and the designing of products that require fewer resources. The corporations are encouraged to foster programs in the circular economy through recycling and reusing products to help mitigate the volume of plastic waste directed into landfills. The endeavor could encourage the creation of products that eliminate or minimise the need for single-use plastics hence aligning with the goal of reduction of plastics. This pursuit also extends to overseeing supply chains, ensuring that partners share a commitment to environmental stewardship.^[13]

In Kenya, the legal framework of environmental protection is anchored in the Environmental Management and Coordination Act (EMCA) of 1999. Its subsequent legislation necessitates that corporations comply with the predetermined laws on waste disposal. Beyond legal mandates, innovative corporations often adopt stewardship and take responsibility for the production and disposal of their plastic products hence minimizing their waste.

Furthermore, corporations could look towards educating their employees on the importance of plastic waste management hence building a corporate culture centred around sustainability. ^[14]The corporations could also foster collaborations with stakeholders, including governments, non-profits, and other businesses to develop more forward waste management solutions. Lately, the use of transparent monitoring and reporting on sustainability initiatives helps reinforce the credibility that is attached to corporations. This would encourage efficiency gains as well as drive the global effort against plastic pollution.

2. Extended producer and consumer responsibilities. (EPR)

The Extended Producer responsibility is a compelling approach that is crucial to curtail plastic pollution by directing waste management toward the very manufacturers that produce the goods and away from municipalities and citizens. The concept encourages producers to be more thoughtful of environmental impacts when designing the products consequently leading to the creation of durable, recyclable or products made of recyclable materials. EPR places a responsibility chain around the necks of producers as they are more obliged to take up take-back schemes and establish robust collection systems guaranteeing that plastics do not end up in the environment but instead get recycled. ^[15]

The treaty should consider the introduction of the EPR system alongside cooperation by local governments. Government policies can motivate corporations to adopt EPR by introducing penalties for non-compliance and subsidies that encourage companies to use eco-friendly practices. Moreover, these subsidies will influence consumer demand and consequently encourage companies to take on a greener pathway.^[16]

Additionally, producers are pushed to invest in recycling and recovery infrastructure, nurturing technological advancements that make recycling more efficient. EPR induces producers to invest more in sustainable production processes and potentially adjust pricing to reflect environmental impacts by internalizing the environmental costs initially offloaded into public waste systems. This endeavor consequently nudges consumers to greener choices.

EPR schemes cultivate a social ethos inclined towards recycling and reducing waste as they usually come with an educational scheme. This Scheme involves producers engaging in informing the public about the environmental consequences of plastic waste by emphasizing the importance of responsible consumption and responsible disposal of waste. 

The need for innovation is spurred by the financial implications of EPR thus motivating the development of materials that are environmentally friendly and more sustainable supply chains.^[17] Nevertheless, there are Robust frameworks that are necessary for the success of EPR. In Kenya, the EPR implementation could be integrated with the existing legislation under the Environmental Management and Coordination Act (EMCA).

Lastly, EPR catalyzes marked development for secondary raw materials by increasing the demand for recycled materials. This reduces the reliance on new, virgin materials and promotes the creation of green jobs. In Conclusion, The use of EPR mechanisms enables countries to combat plastic pollution effectively as it is a formidable force in itself already tackling plastic pollution from its production to its end.^[18] 

Countries like Kenya could adopt EPR policies to drive ecological designs and improve environmental outcomes while at the same time recognizing the need for balance with the economic temperatures so as not to unduly burden businesses.^[19] In Kenya, environmental concerns are addressed through legal frameworks such as the Environmental Management and Coordination Act (EMCA) and policies from the National Environment Management Authority (NEMA). The legal and regulatory structures can support the implementation of EPR but must be framed in a way that can encourage compliance and innovation without hindering economic development.^[20]

3. Public awareness and community-based initiatives

Awareness of public on pollution and its severe effect on the environment is important as a way of implementing the treaty, not forgetting community-based initiatives where community members themselves are educated and taught on means of how to reduce and even prevent pollution of plastics on the environment. Public outreach campaigns are crucial for raising awareness about environmental issues and motivating community engagement in ways in which they can prevent plastic pollution^[21]. If properly executed it can be highly effective in the implementation of the treaty. Moreover, the public can be engaged in policy-making which can in turn lead to improvement of climate change adaptation policies and encourage proactive community actions. Community members can be educated on how to recycle plastics and make products that they can reuse.

In conclusion, the Global Plastics Treaty represents a landmark initiative that signals the resolve of the international community to confront the plastics crisis head-on. By considering the entire lifecycle of plastics and enforcing measures such as Extended producer responsibility, the treaty aims at not only minimizing the environmental impacts but also incentivizing innovation and restructuring the economic frameworks that have traditionally fueled the production and accumulation of plastic waste.

For developing nations, the treaty acts as more than just an environmental instrument. It is an opportunity to tailor solutions that can address the unique regional challenges by balancing ecological health with economic and social realities. As the completion of the negotiations nears in 2024, the focal points remain steadfast- aligning national laws with the global mandates to foster international cooperation, actively involving state and non-state actors, and ensuring that the financial mechanisms are in place to support the implementation of the treaty provisions.

 The success of the treaty is heavily reliant on its ability to evolve alongside socio-economic shifts and the sharing of best practices. Through the integrated effort of government entities, corporations, NGOs, and local communities, the world remains hopeful that the plastics crisis will be dealt with effectively. With the vision aligned to serve as a blueprint for future international environmental agreements, only a promise of a cleaner, greener, and more resilient planet for current and future generations remains.

 

 

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^[1] UN Environment Programme End plastic pollution: towards an international legally binding instrument.https://wedocs.unep.org/bitstream/handle/20.500.11822/39812/OEWG_PP_1_INF_1_UNEA%20resolution.pdf  accessed on December 20th

^[2] The global plastics treaty: why is it needed? Philip Landrigan DOI:https://doi.org/10.1016/S0140-6736(23)02198-0 Accessed 11th January.

^[3] Intergovernmental Negotiating Committee on Plastic Pollution https://www.unep.org/inc-plastic-pollution accesed on 11th January 2024

^[4] GLOBAL PLASTICS POLLUTION FEE (GPPF) Ghana’s Proposal For The International Legally Binding Instrument On Plastics Pollution Oliver Boachie INC National Focal Point For Ghana Chair of AGN for INC 4th. May  2023

^[5] Brief on Global Plastics Treaty;Towards a Global Plastics Treaty: Perspectives on Key Considerations for Negotiators, Governments, Businesses, and All Stakeholders in the Plastics Ecosystem.chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.undp.org/sites/g/files/zskgke326/files/2022-09/UNDP_Ghana_Technical%20Brief_Global%20Plastics%20Treaty_2022.pdf

^[6] Ibid

^[7] Brief on Global Plastics Treaty;Towards a Global Plastics Treaty: Perspectives on Key Considerations for Negotiators, Governments, Businesses, and All Stakeholders in the Plastics Ecosystem.chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.undp.org/sites/g/files/zskgke326/files/2022-09/UNDP_Ghana_Technical%20Brief_Global%20Plastics%20Treaty_2022.pdf

^[8] Ibid

^[9]  Connecting the dots – plastics pollution and the planetary emergency. EIA (2022), sourced from https://eia-international.org/wpcontent/uploads/2022-EIA-Report-Connecting-theDots-SPREADS.pdf    

^[10] Ibid

^[11]See the proposals for pre-ratification commitments developed by a group of academics in the context of the EU-Mercosur trade agreements: Academic Statement: Proposals on the EU-Mercosur Association Agreement and the Environment, 11 January 2024, pages 2 and 3, https://warwick.ac.uk/fac/soc/law/research/centres/chrp/governance/eumercosuraa/statement.pdf

^[12] See Multilateral environmental agreements by the European Commision Multilateral Environmental Agreements (MEAs) - European Commission (europa.eu)

^[13] Bulkeley, Harriet, and Kye Askins. “Waste Interfaces: Biodegradable Waste, Municipal Policy and Everyday Practice.” The Geographical Journal, vol. 175, no. 4, 2009, pp. 251–60. JSTOR, http://www.jstor.org/stable/25621837.  Accessed 12 Jan. 2024.

^[14] Bulkeley, Harriet, and Kye Askins. “Waste Interfaces: Biodegradable Waste, Municipal Policy and Everyday Practice.” The Geographical Journal, vol. 175, no. 4, 2009, pp. 251–60. JSTOR, http://www.jstor.org/stable/25621837 . Accessed 12 Jan. 2024.

^[15] Dong, Yinhong, et al. “Ecological Design: The Role of Extended Producer Responsibility System.” Journal of Coastal Research, 2019, pp. 354–61. JSTOR, https://www.jstor.org/stable/26853291 .  Accessed 12 Jan. 2024.

^[16] Ibid

^[17] Kibert, Nicole C. “EXTENDED PRODUCER RESPONSIBILITY: A TOOL FOR ACHIEVING SUSTAINABLE DEVELOPMENT.” Journal of Land Use & Environmental Law, vol. 19, no. 2, 2004, pp. 503–23. JSTOR, http://www.jstor.org/stable/42842852.  Accessed 12 Jan. 2024.

^[18] Myers, Colin, and Jason J. Czarnezki. “SUSTAINABLE BUSINESS LAW? THE KEY ROLE OF CORPORATE GOVERNANCE AND FINANCE.” Environmental Law, vol. 51, no. 4, 2021, pp. 991–1040. JSTOR, https://www.jstor.org/stable/48647568.  Accessed 12 Jan. 2024.

^[19] Kibert, Nicole C. “EXTENDED PRODUCER RESPONSIBILITY: A TOOL FOR ACHIEVING SUSTAINABLE DEVELOPMENT.” Journal of Land Use & Environmental Law, vol. 19, no. 2, 2004, pp. 503–23. JSTOR, http://www.jstor.org/stable/42842852 . Accessed 12 Jan. 2024.

^[20] Kibert, Nicole C. “EXTENDED PRODUCER RESPONSIBILITY: A TOOL FOR ACHIEVING SUSTAINABLE DEVELOPMENT.” Journal of Land Use & Environmental Law, vol. 19, no. 2, 2004, pp. 503–23. JSTOR, http://www.jstor.org/stable/42842852 .  Accessed 12 Jan. 2024.

^[21] See Raising awareness through Public Outreach campaignsRaising Awareness through Public Outreach Campaigns - SDG Accountability Portal accessed on  11 january 2024

By Vickie Jackie Mwangi