Business needs global rules

As the dust settles from the 4th round of intergovernmental negotiations with the deadline for an endorsed binding global plastic treaty approaching, we are coming to terms with the reality that, business as usual might just win once again.

Despite the INC negotiations increasingly becoming more inclusive with the concept of a Just Transition shaping the discourse and attempting to level the playing field for all stakeholders, the ostensible declaration of success by the Chair of the INC to “deliver on our mandate” may set us up for failure before we even begin. Simply said, without a legally binding agreement that includes a reduction in production and consumption of primary plastic polymers, we can certainly expect to have more plastic than fish in our oceans anytime soon.  

As a small organisation dedicated to developing cost-effective circular solutions for used plastics in a geodemographic setting that is sadly representative of the reality for millions across the globe, we are acutely aware that the inputs will influence the outputs no matter how creative, innovative and inclusive our system is. Even if the inputs are relatively mediocre, the results can be robust enough to prototype a boat capable of circumnavigating the world’s second largest freshwater lake on. So yes, it is viable to extend the life of certain plastic materials and it can complement the values that a particular society holds dear but innovation cannot be looked at without context. There are enough complexities in just trying to effectively give “recycable” plastics a second life, let alone the mess when 40% of plastics are designed to be used only once in the first instance.

Let’s go back to the basics: do we really need it? Does a linear growth model really contribute to the well being of those that it claims to be serving by producing cheap disposable products that are ostensibly providing livelihoods to millions of people globally yet they still can’t access to basic human rights like a decent education, healthcare, quality time with their families and the simple pleasures in life like going for a swim in the ocean or a walk through a forest? And what is the actual cost to human health and the environment for the linear choices we have made and what is it going to cost to get out of this mess?

Why a regional approach in East Africa is needed

The Minderoo Foundation has calculated a global waste management gap of US$175-250 billion to end plastic pollution in developing countries, that will not be fixed unless the treaty itself carries a burden-sharing fee. The incredible complexities and challenges of this are clear, and unlikely to be resolved anytime soon. So what if we took a “less is more” approach instead and actively sought to reduce the financial and socio-ecological burden? 

At INC-4 there appeared to be a growing consensus that moving forward we should be building consortia of partners to focus resources and efforts on a few specific geographies, to learn what works and what would scale.  We believe that a concentrated regional effort in our own backyard, East Africa stands a fighting chance to “solve differently” and there is already momentum. Rwanda has to be applauded for actively pursuing a single-use free society in their own country and standing firm at the global negotiating table all the while being an inspiration to many of across the region to have a unified voice on single use plastics.

Towards a sustainable solution for East Africa:  ban non-essential SUP items

There is a significant amount of scientific research already published looking at natural and environmentally friendly substitutes to plastics by international bodies such as UN Trade and Development alongside initiatives like the Sustainable Manufacturing and Environmental Pollution Program supporting organisations like ours to develop innovative solutions that prevent pollution from manufacturing being released into the environment. For those who are actively involved in creating and scaling circular solutions, elimination is recognised as a critical component. A recent  report by the World Economic Forum gathering insights from industry experts highlighted bans,  “in terms of effectiveness and speed of creating change, specifically when it comes to problematic types of plastics, packaging, materials, chemicals and applications.” 

Together with ALN Kenya, the leading African Alliance of top law firms in Africa , we have drafted and tabled a bill at the East African Legislative Assembly (EALA) that proposes a complete ban on the manufacture, sale and importation of non-essential single-use plastic items that are harmful to our environment and livelihoods, cannot be recycled and are readily substitutable. This includes micro-beads in cosmetics, cutlery, plates, cups, cotton buds, straws, stirrers, wet wipes, carrier bags, balloons, food containers and sweet wrappers.  You can read the draft bill here.

The Bill is aligned to our governing body in the East African Community who place “Support review of minimal regional of standard of plastic packaging” as one of the 6 priority areas on management of chemicals, waste and hazardous waste, and recognise a clean and healthy environment is a prerequisite for sustainable development (Article 111 of the EAC Treaty).

The unnecessary single-use plastic bill is scheduled for its second tabling at EALA in May 2024

We have already built great momentum: public endorsement is gaining in numbers with close to 20,000 signatures on a public petition calling for the same. More than 21 legislators representing seven of the EAC member states came together and were unanimous in their call for a regional approach.

In 2023, the Draft Bill was proposed through the Agriculture, Tourism and Natural Resources EAC Committee for tabling to the EAC Legislative Assembly:

  • The review of the bill takes three stages, the first being the first reading where the bill is tabled (already undertaken). 

  • The second reading is where the bill is discussed before the Assembly scheduled 

  • The third reading is where the bill is passed with certain amendments or none is scheduled

  • Members of the EAC Assembly will review the bill and cast their votes, determining its approval or rejection. The passing threshold is set at a majority vote.

What we need from you?

Given the momentum we have established, continuous advocacy is critical at this stage, through public awareness including legislators, formal Ministerial endorsements and a collective approach by non-government stakeholders.

Alongside the work we are doing with legislators, we need support from you - civil society and non-governmental organisations in East Africa - collaborative action that supports the assent of the Bill and further adoption of regulations for plastic packaging. 

If you are interested in in growing a consortium or just want to pledge your organisations support to this bill, please email info@theflipflopi.com 

Thank you for your support

The Flipflopi Team, Kenya

Documents:

You can read the draft bill here

More information here

The Draft Bill covers the following single-use plastic items

(1) Polythene bags

(2) Cutlery (forks, knives, spoons, chopsticks);

(3) Plates and bowls;

(4) Plastic straws;

(5) Beverage stirrers;

(6) Balloons and sticks to be attached to and to support balloons;

(7) Food containers made of expanded polystyrene;

(8) Cups for beverages, including their covers and lids;

(9) Beverage containers used for beer, wine, water, liquid refreshments, juices and nectars, instant beverages or milk, made of expanded polystyrene, including their caps and lids;

(10) Polystyrene packaging materials;

(11) Crisp packets, sweet and chocolate wrappers, bread bags and confectionary wrappers;

(12) Sanitary items such as dental floss and plastic cotton bud sticks;