We have done well, but the fight against plastics is far from over

The world produces 400 million tonnes of plastics annually. [iStockphoto]

Last month the world marked the World Environment Day with the theme “only one earth”. The theme resonated well with the urgency with which environment issues need to be addressed.

Indeed, time is running out and nature is on emergency mode, especially with global production of plastics and resultant pollution more than doubling in the last 15 years.

The world produces 400 million tonnes of plastics annually but only less than 10 per cent is recycled. Since plastics are non-biodegradable, it is hard to accommodate all the plastic wastes produced. As a result, plastic wastes accumulate in aquatic and terrestrial ecosystems causing harm to the biodiversity.

This is further compounded by harmful waste management practices such as incineration, open burning and open dumping which causes harm to human health and livelihoods through, for example, respiratory diseases and flooding respectively.

Additionally, there is no transparency in the disclosure by companies manufacturing plastics on the chemicals they use in the production process. Indeed, some of the chemicals are suspected to cause endocrine disruption, increasing the risk of diseases such as diabetes, cancers and obesity.

In recent years, risks posed by plastic pollution have received global attention as a global environmental issue. To address the plastic pollution crisis, United Nations Environment Assembly (UNEA) in its 5th session held in February 2022 adopted a resolution, 'End Plastic Pollution: Towards an international legally binding instrument'. The resolution provides the mandate to establish an Intergovernmental Negotiating Committee to negotiate an internationally legally binding instrument to address plastic pollution throughout its life cycle which is expected to be concluded by the end of 2024.

Kenya has not been left behind in managing plastic pollution. The impacts of plastic pollution have invited an array of policy interventions from the government. The most celebrated one was the ban on the importation, manufacture, sale and use of flat bags and carrier bags in August 2017, a ban that has been cited as one of most stringent and successful globally.

The government also effected a ban on single-use plastics in protected areas such as parks, beaches, forests and conservation areas. These two regulatory policies demonstrate Kenya’s dedication to the promotion of a clean and safe environment for both human and non-human entities as espoused in the Constitution.

However, the fight against plastics in Kenya is far from over owing to resistance from manufacturers. The ban against carrier bags and flat bags, for example, is reported to be 80 per cent effective. The other 20 per cent is accounted for by unabated loopholes for smuggling of plastics through illegal and porous borders. A study conducted by Centre for Environment Justice and Development, in partnership with Nipe Fagio, Bio Vision Africa Trust and Global Initiative for Environment and Reconciliation confirmed that unscrupulous traders are still smuggling banned plastics from neighbouring countries.

The international law and community should, however, play its role to ensure developing countries such as Kenya do not become dumping grounds for plastic waste. For instance, efforts by Kenya to protect its environment from plastic wastes have been undermined by continued pressure by manufacturers and users of plastics to make Kenya a gateway for importation of plastic waste to Africa and hence turn Africa into a plastic dumping ground in the guise to promote recycling industry in Africa.

This underhand lobbying was revealed in an expose by the New York Times in 2020, which obtained a letter from the American Chemistry Council, the lobbying arm of the chemical and fossil fuel industry, detailing the council's efforts to influence the Free Trade Agreement (FTA) between Kenya and the USA to export plastic wastes and other chemicals to Kenya. Such moves undermine Kenya’s efforts to control plastic pollution through the 2017 ban.

Kenya has developed draft Extended Producer Responsibility (EPR) regulations. The draft EPR regulations provide a framework to ensure that a producer’s responsibility for their products is extended to the post-consumer stage of a product’s life cycle which may include collection, sorting and treatment for recycling or recovery.

While this is a commendable move, the process has largely been developed with the influence of the plastic industry and has lacked the participation of the civil society organisations to represent the interest of the public. For instance, waste pickers who are key players in the waste management value chain are not explicitly captured in the regulation, yet the entire recycling system is heavily dependent on them.

There is a clear demonstration since the world leadership passed the end plastic resolution early this year that plastic pollution management is a priority both at the global and national level. In the meantime, Kenya should continue to step up national action plans, firm up legal and policy framework and adopt measures to combat plastic pollution, including measures related to sustainable consumption and production while fostering international actions.