On 31^st October 2023, KEPSA in collaboration with the Ministry of Environment, Climate Change and Forestry, convened a virtual private sector consultation Meeting, with the objective of facilitating discussions on Kenya's and Africa's position regarding the global plastics treaty, ahead of the Third Intergovernmental Committee (INC) taking place in Kenya in November 2023.   

In March 2022, during the fifth United National Environment Assembly (UNEA-5) -member states adopted resolution 5/14 to end plastic pollution, including marine environment requiring the UN Environment Programme Executive Director to convene an International Negotiating Committee to develop a legally binding instrument addressing the full life cycle of plastics by 2024. A zero draft was published on 4th September 2023.

The keynote remarks by Dr Cyrille Siewe, Head of the UNEP Country Program, provided an optimistic view of Kenya hosting INC3 and emphasized the region's potential to transition from being impacted by plastic pollution to actively contributing to global solutions. He applauded Kenya’s journey in curbing plastic pollution a journey that began with the ban on single-use carrier bags in 2017 and the subsequent development of bold policy and regulations on extended producer responsibility and circular economy. He called upon Kenya and by extension African negotiators to be bold and ambitious as the treaty provided the opportunity to provide holistic systems for cleaning up Africa. 

He further emphasized the significant role of the private sector in the negotiation. “The Private sector has a key role in the negotiations; as wealth creators and producers, the sector holds the key to providing solutions to the plastic menace through systems such as extended producer responsibility.  It is important that the private sector is included in the negotiation table,” said Dr Siewe.  He further urged, the African negotiators to prioritize, technology transfer, capacity building and financial mechanisms fit for African needs. He encouraged the negotiators to approach the negotiations with bold and ambitious targets which is very important to the third round of the INC.

Ms Emily Waita, Chair of the KEPSA Environment Water and Natural Resources Sector Board, outlined the journey of the Intergovernmental Negotiating Committee (INC) since UNEA 5.2 as follows:

• INC 1, which took place in November 2022 in Uruguay, was predominantly focused on procedural matters. It served as the foundational stage for the INC process.
• INC 2, which was held on 29 May 2023 in France, was of paramount importance as it primarily dictated the agenda for the treaty negotiations. Matters not included on the agenda by INC 2 were unlikely to be discussed in subsequent meetings.
• INC 3, is scheduled for 13th - 17th November 2023 in Kenya, which is the reason the consultative meeting was called. It is the point at which the discussions on the zero draft legal text for the treaty are anticipated.
• INC 4, to be held in April/May 2024 (TBC, Canada), and INC 5, set for October/November 2024 (location TBC, South Korea), will finalize the treaty text. INC5, in particular, marks the culmination of the negotiation process, allowing countries to sign the treaty at a Diplomatic Conference.

Dr. Ayub Macharia, Kenya’s INC lead negotiator and   Director Compliance- National Environment Management Authority, (NEMA), underscored the importance of stakeholder engagement being well-informed about the zero draft zero and the Africa position to the zero draft for active participation in shaping Kenya's position. Dr Macharia also acknowledged the need to consider unique contextual issues specific to different African countries, even as Africa negotiates as a unified bloc. He then proceeded to present the African position draft zero of the members while highlighting what the country has so far considered to be a priority.

Some of the key areas of priority include measures to curb single-use and problematic plastics, consideration of legacy plastics, waste pickers, extended producer responsibility as a mechanism to reduce and re-use plastics, transparency, monitoring and labelling, harmonization of recycled plastics standards, clear definition of sustainable plastics levels among others.

During a plenary session coordinated by Faith Ngige – KEPSA, participants presented some of the areas that need to be included in the current drafts including the discussions regarding the definition of terms, measuring targets, specifying regulated polymers, and clarifying the scope of the legally binding nature of the treaty.

In conclusion, the Private Sector Consultation Meeting served as a pivotal platform for private sector stakeholders to actively engage in shaping Kenya's and Africa's position regarding the global plastics treaty ahead of the third INC negotiations. Expert insights and active participation emphasized the necessity for collective and ambitious efforts in addressing the pressing issue of plastic pollution. Kenya and the region are gearing up to play a leading role in finding sustainable solutions to the plastics pollution environmental challenge.