Dr. Arvind Kumar*
Without a common international regulatory framework, we will not be able to address the global and increasing challenge of plastic pollution. There is an urgent need for change. The shocking photos we see of shores flooded with plastic waste should be a wake-up call. It will be up to us in the following years to turn off the tap to stop plastic pollution, so that there will be no further harm to those most affected by unsustainable patterns of production and consumption.
A report from the OECD found that plastic production is on track to nearly triple by 2060. Less than a fifth of the plastic used in the world would be recycled, and nearly two-thirds of it would be single-use items. Like the climate and biodiversity crises, the plastic pollution problem is an example of how dominant social and economic systems are out of step with a liveable Earth. A 2022 study found that plastic and chemical pollution had exceeded the planetary boundary for “novel entities” added to Earth’s ecosystems. The UN Secretariat’s document titled Summary of plastic pollution science noted that plastic pollution was an offshoot of the linear take-make-dispose economy. It said the current trends needed to be replaced by a circular economy which forms the basis of the solutions to the plastic pollution problem facing the world.
To address this menace member States decided to develop an international legally binding instrument (ILBI) on plastic pollution, notably in the marine environment, during the United Nations Environment Assembly’s fifth session in March 2022. The first session of the Intergovernmental Negotiating Committee (INC-1), tasked with developing an international legally binding instrument to end plastic pollution, concluded in Uruguay’s Punta Del Este December 2, 2022. Meeting for the first time, the intergovernmental negotiating committee (INC) with representatives from more than 160 countries was prepared to address organizational as well as to hammer out the details of the substantive matters. An ambitious deadline of 2024 was set for the conclusion of the discussions.
The ultimate question, however, remains the same: will the resulting agreement suffice to stem the planet’s mounting plastic tide? If yes, then how? International environmental cooperation has a chequered history. The Montreal Protocol was successful in lowering the levels of refrigerants and other chemicals that were destroying the ozone layer, but the UNFCCC is still lagging in its efforts to stabilize greenhouse gas emissions sufficiently to avert the worst effects of the climate crisis.
Contrasting interests around the negotiation table
Although the majority of delegations appear to concur that plastic pollution has harmful impacts, it is obvious that they have not yet reached agreement on the specifics and content of important substantive topics that will establish the scope and direct the execution of the ILBI. Although it became clear that the treaty needed to include the entire lifecycle of plastics, a definition of “lifecycle” has not yet been established. Divergent viewpoints were also expressed in discussions of downstream control mechanisms and how to recycle plastic in a safe way due to chemicals present in them in abundance. The now-familiar distinctions between required and voluntary aspects in the future treaty were another area of disagreement. By the end of discussion, it appeared that this topical discussion still had more questions than answers such as will the cornerstone of the execution be national action plans? Will national action plans have a basis for ambition? Who will determine what this is, how it will be measured, and who will keep an eye on it?
The phrase “form follows function” was repeated throughout the negotiations, indicating that it is important to grasp the core challenges before choosing the format of the instrument. This indicates that there will be a treaty, albeit the specifics are still up for discussion. Some nations, like the US and Saudi Arabia, expressed a preference for the Paris Agreement-style bottom-up approach to the instrument with domestically defined activities. Numerous other countries, notably small island developing governments, favored distinct control mechanisms.
At INC-1, developing nations demanded two things: those who are accountable for the issue must pay their fair share, and because plastic pollution is a global issue requiring global cooperation, even small states must join in, but “only if this doesn’t mean they have to carry unfair burdens by doing so.” In addition to other forms of assistance, many developing nations demanded the creation of a special fund for the ILBI.
How India is addressing plastic pollution?
The trio of petroleum, petrochemical, and plastic industries continued to manufacture plastic at an increasingly alarming rate in India. Plastic had gradually replaced the alternate forms of packaging like metal, paper and glass, leaving consumers with the option of buying utilities packaged in plastic. Most of the plastic used in India today was for packaging and an increasing amount of crude oil was being converted to plastic every year. Most of this was single-use plastic and might not be recyclable. The EPR legislation, which exists in European Union, North America, Latin America, and OECD countries, had been introduced in India in 2022 for plastic packaging. However, the implementation and enforcement of the EPR policy will be a major challenge for the authorities as the policy is weak and has gaps that will need to be plugged. The informal sector was the workforce that made recycling possible in India. Most of the waste flowed to recovery systems through the informal workforce.
Companies had been imposing the responsibility of collection of non-recyclable waste on the waste pickers, thus affecting their income and operations. Most of India’s plastic waste was leaked in the environment or dumped in open dumpsites (67 %). The country burnt (20%) more plastic waste in specialised facilities than it recycled (12%). The potential of recycling was much higher in India due to an indigenous workforce and existing infrastructure. However, production of massive amounts of non-recyclable composite plastic material and promotion of false solutions by existing policies made a perfect cocktail for plastic pollution to thrive. We have to identify short-term, mid-term and long-term measures that should be taken to tackle plastic pollution in the country. Like strengthening India’s plastic waste production, consumption and recycling inventory; making brands disclose the amount of plastics produced, collected, recycled and burnt each year; including the informal sector in the formal plastic management value chain; designing product packaging keeping ‘end-of-life’ stage in consideration and making petrochemicals accountable.
The indications and way forward
Keep an eye on climate change, all available data, and the actual disasters that are occurring around the world as a result of our slow response. That should not happen in case of plastics as well. Therefore, in order to keep the promise to stop plastic pollution, INC-1 got the negotiations off to a good start but to proceed, INC-2 will need to strike a balance between participation and context as well as between the high expectations of the whole world and what negotiators can actually accomplish in light of the competing interests they must take into account. We require a resolution that is as extensive as the problem. This calls for a global accord that addresses every aspect of plastic manufacture and disposal. We need a strong international plastics treaty that significantly reduces plastic production by establishing legally binding global control measures and eliminating dubious solutions, like chemical recycling and incineration, also some grey areas regarding the participation of non-governmental stakeholders in future negotiations should also be clarified. The participation of all civil society actors must be guaranteed. It is essential so that scientists, workers’ representatives, women, youth, local authorities, NGOs, but also indigenous peoples can bring the fundamental knowledge to move in the right direction. This treaty must be ambitious, set binding targets, and put the protection of human and environmental health and social justice at the center of the decisions. An Ambitious agreement together with ambitious actions is the key to ensure that future generations can have a planet without plastic.
*President, India Water Foundation
