- In March 2022, the fifth session of the UN Environment Assembly adopted a plan to develop an internationally legally binding instrument on plastic pollution.
- The instrument will also consider the marine environment.
Kenya is lobbying to have a plastic pollution secretariat be based at the UNEP headquarters even as negotiations to have a legally binding agreement on plastic gets underway.
The National Environment Management Authority director of compliance Dr Ayub Macharia, told the Star that the African ministers of environment have already endorsed the move.
“We are lobbying other continents to support Africa in hosting the secretariat at UNEP headquarters,” Macharia said.
In March 2022, the fifth session of the UN Environment Assembly (UNEA-5.2) adopted a plan to develop an internationally legally binding instrument on plastic pollution.
The instrument will also consider the marine environment.
An Intergovernmental Negotiating Committee is in the process of developing "the instrument," which is to be based on a comprehensive approach that addresses the full life cycle of plastic, including its production, design, and disposal.
The committee has held two sessions to develop the plastic treaty, with the third session scheduled to be held from November 13 to 19 this year at the UNEP Headquarters in Nairobi, Kenya.
An international legally binding agreement should be ready by 2024.
During the second round of the committee sessions, countries decided to ask the committee chairperson Gustavo Meza-Cuadra to produce a Zero Draft ahead of the third edition of the talks.
The zero draft is the first draft text of the treaty created by the chairperson, and supported by the secretariat.
The Zero Draft is a document that outlines options for the treaty text.
It was created by the chairperson with the support of the secretariat and published in September 2023.
From the document, delegates will then negotiate what the treaty will include starting from the third session of the committee and in future.
Macharia said Kenya has done a lot, including banning single-use plastics that were choking the environment.
“We do not recommend sweeping changes as regulating mechanisms are already in place,” Macharia said.
Kenya, through the Environment Ministry, banned thin plastic carrier bags through a gazette notice on February 27, 2017.
The ban came into effect in August of that year.
Possession of such plastics attracts a fine of Sh2 million to Sh4 million, a jail term of one to two years, or both.
Before 2017, about 100 million non-biodegradable plastic bags were used in Kenyan supermarkets every year, with severe consequences for the environment.
Despite the ban, some plastics are still being found in Kenyan markets.
The state has already enacted a Sustainable Waste Management Act.
The Sustainable Waste Management Policy and Act (2022) proposes a transition from a linear to a circular economy.
The law was enacted on July 6, 2022. It has provisions that seek to promote sustainable waste management and improve the health of Kenyans.
This is done by ensuring a clean and healthy environment.
Under the circular economy concept, resources are reused and recycled to minimise waste and maximise efficiency.
On June 5, 2019, Kenya banned single-use plastics on beaches, national parks, forests and conservation areas.
The ban prohibits visitors from carrying single-use plastic water bottles, disposable cups, plates, cutlery and straws into national parks, forests, beaches and conservation areas.
Macharia said the international instrument will help bolster country’s efforts to provide clean environment.
He said some of the chemicals used in the production of plastics are poisonous.
Macharia said circular products that can be used over and over again without polluting the environment are needed.
“Some of the products designed as waste will have to go,” he said.
Macharia said people doing fibre such as sisal will have space to produce.
The director accused countries he did not name for cherry-picking what was subject to extended producer responsibility.
He said some of the plastics, such as fishing nets, that are not produced in the country, were choking the oceans. He said they should be subjected to extended producer responsibility.
Extended Producer Responsibility is an environmental management approach where the producer’s responsibility is extended to the post-consumer stage of a product's life cycle.
Macharia said Kenya will also champion a just transition.
He said polluters must also be tasked with transferring technology to sort out their mess.
Macharia said there is a need for countries to enhance transparency and accountability by reporting what they are doing.
The director said there is a need to enhance awareness among members of the public.
Graham Forbes, Greenpeace Head of Delegation to the Global Plastics Treaty negotiations and Global Plastics Campaign Lead for Greenpeace USA, said the Global Plastics Treaty must cut total plastic production by at least 75 per cent by 2040.
This will ensure global temperatures stay below 1.5°C to protect health, rights, and communities.
“This is a once-in-a-generation opportunity to solve the plastics crisis. For the sake of our collective future, we cannot waste this moment.”