Talks To End Global Plastic Pollution Concludes In Kenya Without Major Agreement

By Jean Pierre Afadhali

The third session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-3), concluded last Sunday Nov-19 in Nairobi, Kenya, without major agreement, but participants agreed on a starting point for negotiations at the fourth session (INC-4).

According to the United Nations Environment Programme (UNEP)more than 1,900 delegates participated in INC-3, representing 161 Members, including the European Union and over 318 observer organizations - UN entities, intergovernmental organizations, and non-governmental organizations.

The third session follows INC-1 in Punta del Este, Uruguay, in November 2022 and INC-2 in Paris, France, in May/June 2023.

Over the course of INC-3, Members discussed the Chair’s Zero Draft, went through a compilation of text to include all the views of Members, prepared a validated, co-facilitator merged text, and found a way forward on issues not discussed as yet.

The intergovernmental negotiating committee is to develop an international legally binding instrument on plastic pollution, including in the marine environment, which could include both binding and voluntary approaches, based on a comprehensive approach that addresses the full life cycle of plastic, taking into account, among other things, the principles of the Rio Declaration on Environment and Development (approved by the United Nations during the Conference on Environment and Development held in Rio de Janeiro on June 1992), as well as national circumstances and capabilities.

“I am encouraged by the forward motion of the negotiations towards a treaty that ends plastic pollution. I thank the Chair, Ambassador Meza-Cuadra, and the Members of the INC for their determination to get to the finish line and put us on course for a world where plastic pollution is a problem of the past,” said Inger Andersen, Executive Director of the UN Environment Programme (UNEP). “Continue to be ambitious, innovative, inclusive, and bold. And use these negotiations to hone a sharp and effective instrument that we can use to carve out a better future, free from plastic pollution."

However, outgoing Chair of the INC, H.E. Mr. Gustavo Adolfo Meza-Cuadra Velasquez, said there is still a long way to go to reach consensus on a treaty to end plastic pollution and urged participants to narrow down their differences.

“These past 10 days have been a significant step forward towards the achievement of our objective to develop an international legally binding instrument to end plastic pollution. But it has also recalled us that much remains to be done both in narrowing down our differences and in developing technical work to inform our negotiations,” he said.

According to some observers, there are still disagreements on the development of an internationally legally binding treaty to end plastic pollution, one of the major global environmental challenges.  Companies that manufacture plastics and environmental activists, NGOs disagree on steps to deal with plastic waste and total ban on single-use plastics.

Environment NGOs are pushing for a 75 percent reduction of plastic production before 2040. However, petrochemical companies from oil-producing countries and lobby groups from plastic materials producers are advocating for recycling.

In Africa Kenya and Rwanda have made major progress to reduce plastic pollution as Kenya banned single-use plastic carrier bags in 2017, while Rwanda imposed a total ban on single-use plastics in 2019. However, both countries are dealing with a lack of alternative materials.

Rwanda and Norway have been spearheading efforts to develop and adopt for a legally binding treaty to end single-use plastics.

INC Members agreed on the dates of both INC-4, to take place in Ottawa, Canada, in April 2024, and INC-5, which is scheduled for November/December 2024 in the Republic of Korea.