638 lines
87 KiB
HTML
638 lines
87 KiB
HTML
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"><HTML>
|
||
<HEAD>
|
||
<TITLE></TITLE>
|
||
</HEAD>
|
||
<BODY>
|
||
<A name=1></a><b>STATE OF AFFAIRS</b><br>
|
||
<b>Policies, Regulations and Laws that Address the</b><br>
|
||
<b>Harmful Effects of Single-Use Plastics in the East</b><br>
|
||
<b>African Community</b><br>
|
||
<b>April 2023</b><br>
|
||
<hr>
|
||
<A name=2></a><b>CONTENT</b><br>
|
||
<b>INTRODUCTION</b><br>
|
||
<b>COUNTRY CONTEXT</b><br>
|
||
<b>Rwanda<br>Kenya<br>Tanzania<br>Uganda<br>Burundi<br>South Sudan<br>Democratic Republic of Congo</b><br>
|
||
<b>REGIONAL CONTEXT</b><br>
|
||
<b>East African Community (EAC)<br>Economic Community of West African States (ECOWAS)</b><br>
|
||
<b>Southern African Development Community (SADC)</b><br>
|
||
<b>African Union (AU)<br>European Union (EU)</b><br>
|
||
<b>INTERNATIONAL CONTEXT</b><br>
|
||
<b>Existing International Legal Frameworks Governing Plastic Pollution</b><br>
|
||
<b>Non-Binding Pledges and Campaigns Around Plastic Pollution</b><br>
|
||
<b>CONCLUSION AND RECOMMENDATIONS<br>AUTHORS AND CONTRIBUTORS</b><br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>2</b></i><br>
|
||
<hr>
|
||
<A name=3></a><b>INTRODUCTION</b><br>
|
||
Single-use plastics ("<b>SUPs</b>") have permeated every aspect of our consumer-based society.<br>
|
||
SUPs, often referred to as disposable plastics, are commonly used for packaging and<br>include items intended to be used only once before they are thrown away, such as grocery<br>bags, food containers and wrapping, bottles, straws, cigarette butts, cups, and cutlery.<br>
|
||
As the quality and properties of most SUPs are<br>poor, they are difficult to recycle and/or reuse<br>and they therefore lack significant monetary<br>value which leads to their [irresponsible]<br>disposal.<br>
|
||
Notably, half of the plastic produced global y is<br>designed to be used once and thrown away, and<br>every year, we throw away a staggering 300<br>mil ion tonnes according to the United Nations1;<br>which is nearly equivalent to the weight of the<br>entire human population.<br>
|
||
<b>These products will take tens if not hundreds of years to degrade and over time they<br>will have a harmful impact upon the environment, our health, and our economy.</b><br>
|
||
<b>Harmful Effects of Plastic Pollution<br></b>When irresponsibly disposed of, SUPs make their way into the environment where they<br>block water channels, harm biodiversity, clog drains (causing flooding), and intensify soil<br>degradation.<br>
|
||
1 UNEP - Beat Pol ution<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>3</b></i><br>
|
||
<hr>
|
||
<A name=4></a><IMG src="Updated SUP Report 2023 final 130423-4_1.jpg"><br>
|
||
When buried (such as in landfil s), they leech dangerous chemicals which pol ute<br>groundwater and soil2. When burned (such as in open pits), they emit harmful gases which<br>have been linked to various diseases such as asthma, cancer, and heart disease3.<br>
|
||
Left exposed, they slowly break down via sun, water, and erosion into smal er particles<br>known as microplastics, which have been found to enter the air we breathe, the water we<br>drink, and the food we eat, and consequently the human body. It, therefore, comes as no<br>surprise that a recent study found the presence of microplastics in human placenta4.<br>
|
||
<b>The impact of plastic pollution on the health, safety and livelihoods of communities<br>and our environment is catastrophic and expensive </b>- there are significant costs<br>associated with hospital bil s, environmental cleanups, and repairs of damaged<br>infrastructure. And we are stil learning just how far-reaching the damage is.<br>
|
||
<b>SUP Regulation in East African Community</b><br>
|
||
While the data on the extent of plastic pol ution<br>across the African continent is stil limited, a<br>significant proportion of African countries have<br>passed legislation (34 out of 54 African countries)<br>banning certain SUPs, with varying levels of<br>implementation5,6.<br>
|
||
These actions are notable, considering that<br>legislation is a vital instrument in protecting the<br>rights of citizens, regulating production, and<br>assigning responsibility.<br>
|
||
2 Plastic planet: How tiny plastic particles are pol uting our soil<br>3 Plastic bag bans can help reduce toxic fumes<br>4 Plasticenta: First evidence of microplastics in human placenta<br>5 34 Plastic Bans in Africa: A Reality Check<br>6 Overview of Legal and Policy Framework Approaches for Plastic Bag Waste Management in African<br>Countries<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>4</b></i><br>
|
||
<hr>
|
||
<A name=5></a>The East African Community <b>(</b>the <b>"EAC")</b>, whose member states are Burundi, Kenya,<br>Rwanda, South Sudan, Tanzania, Uganda and the Democratic Republic of Congo have each<br>taken legislative action in relation to certain SUP items (mainly plastic bags) in order to<br>reduce the detrimental effects of plastic litter.<br>
|
||
<b>Challenges in Relation to Adherence and the Enforcement of Legislation</b><br>
|
||
While positive legislative steps have been taken across the EAC to address SUPs, and<br>should be praised, <b>there is both complexity around the application of policy<br>frameworks as well as inconsistent enforcement of the bans across member states.</b><br>
|
||
Identified impediments to the adherence and enforcement of legislation include:<br>
|
||
unclear policy frameworks;<br> a lack of detailed guidelines on SUPs;<br> a resistance to the implementation of legislation, which can itself be attributed to a<br>
|
||
lack of (i) awareness amongst the public; (i ) financial incentives that encourage<br>businesses to shift towards alternatives; (i i) col aboration between policy makers<br>and key stakeholders as part of the implementation process,<br>
|
||
poor regulatory enforcement;<br> cross-border smuggling of banned items;<br> a lack of available, affordable, and accessible alternatives to SUPs; and<br> limited reporting on the successes and chal enges of such legislation.<br>
|
||
These significant gaps should be used as a basis to inform and encourage governments,<br>citizens, civil society and businesses to col ectively engage and take tangible action towards<br>harmonising policies and implementation as wel as catalysing innovation.<br>
|
||
<b>Steps Taken at the EAC and the International Community to Address Plastic Pollution</b><br>
|
||
As we elevate discussion on legislation, it is critical to note that plastic pol ution knows no<br>borders. Discarded waste plastic is carried across our oceans, seas and lakes, from country<br>to country, blown by one gust of wind from one region to another. That is why it is<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>5</b></i><br>
|
||
<hr>
|
||
<A name=6></a>important to not only consider the actions of individual member states in the EAC, but to<br><b>push for collaborative and coordinated action in order to achieve full success in<br>tackling plastic pollution.</b><br>
|
||
At a regional level at the EAC, there is existing legislation in relation to environment and<br>natural resources management, pursuant to which EAC members are required to<br>cooperate and coordinate policies and actions for the protection and conservation of<br>natural resources and the environment against al forms of degradation and pol ution<br>arising from developmental activities.<br>
|
||
On this basis, the EAC has come together to pass the Polythene Material Controls Bil , and<br>despite its slow adoption by the member states, there is potential for increased<br>environmental leadership by the EAC, in particular to address the proliferation of SUPs and<br>to align policies and strategies for plastic waste management across al member states.<br>
|
||
But East Africa is just one region among many - most of whom contribute more significantly<br>to the growing tide of pol ution. This is why discussions around global frameworks and<br>treaties have become more common when talking about tackling plastic pol ution7.<br>
|
||
According to the Guardian8, "the UN environment assembly (UNEA), which set up the ad<br>hoc working group (AHEG) on marine plastics in 2017, concluded that the existing<br>international legal framework governing plastic pol ution, including the Stockholm and the<br>Basel conventions, is fragmented and ineffective."<br>
|
||
But as of 2023, 175 countries adopted a historic UN resolution `End plastic pol ution:<br>towards an international legal y binding' instrument to think about a new global<br>treaty to address plastic pol ution based on a comprehensive approach that<br>addresses the ful life cycle of plastics9.<br>
|
||
7 Global treaty to regulate plastic pol ution gains momentum<br>8 Global treaty to tackle plastic pol ution gains steam without US and UK<br>9 End Plastic Pol ution: towards an international legal y binding instrument<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>6</b></i><br>
|
||
<hr>
|
||
<A name=7></a>This was supported by strong civil society and citizen support who pushed for a global<br>legal y binding treaty, with the World Wildlife Fund's Plastics Petition attracting nearly two<br>mil ion signatures10.<br>
|
||
While this report wil not dive into global treaties, we wil provide an overview of existing<br>treaties, as we seek to better understand the role that they and regional legislation can play<br>in the fight against plastic pol ution.<br>
|
||
<b>The Purpose of this Report</b><br>
|
||
Despite the chal enges in the adherence to and enforcement of legislation, momentum<br>across the EAC is steadily rising, with increasing awareness, scientific research, and<br>legislation focused on tackling SUPs and their resulting pol ution.<br>
|
||
This report has been put together by the Flipflopi Project, Sustainable Inclusive Business<br>Kenya, and Africa Legal Network (ALN), after an assessment of policies and regulations<br>focused on protecting the environment and/or managing SUPs, across the seven member<br>states of the EAC.<br>
|
||
The report highlights:<br>
|
||
legislative and regulatory frameworks that have been adopted within the EAC,<br> the process and progression of laws across each country,<br> the successes, chal enges, and lessons learned, and<br> an overview of other regional and global regulations and treaties.<br>
|
||
The purpose of this report is to support increased understanding of existing regulations<br>relating to SUPs as wel as provide a foundation for the adoption of streamlined legislation<br>and col aborative action in the EAC to regulate the production of plastics, support the<br>management of existing waste, and eliminate unnecessary SUPs at a regional level.<br>
|
||
<b>The time is now for further affirmative action to be taken by East African<br>policymakers in order to preserve the health of our people, environment, and<br>economy.</b><br>
|
||
10 Now Is the Time for a UN Treaty on Plastic Pol ution<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>7</b></i><br>
|
||
<hr>
|
||
<A name=8></a><b>COUNTRY CONTEXT</b><br>
|
||
<b>Rwanda</b><br>
|
||
Single-Use Plastic Bans<br>
|
||
<b>Plastic carrier bags ban</b><br>
|
||
Came into effect in 2004 for bags of less than 60 microns. In 2008, this ban was extended to al<br>
|
||
polyethylene bags<br>
|
||
<b>Single-Use Plastics ban</b><br>
|
||
Banned in 2019 with some exceptions.<br>
|
||
Relevant Government Institutions<br>
|
||
Rwanda Utilities Regulatory Authority<br>
|
||
Rwanda Bureau of Standards<br>
|
||
Rwanda Environment Management Authority<br>
|
||
Ministry of Environment<br>
|
||
<b>Rwanda, </b>was the first country in the EAC to implement a ban on plastic bags and SUPs,<br>acting as a catalyst for the region. The country's economic growth has been driven by a<br>desire to become a hub for tourism, IT, and finance - each of which is tied to environmental<br>discourses. This has influenced Rwanda's environmental leadership, with the government<br>consistently raising the plastic pol ution agenda in the EAC's parliament.<br>
|
||
While the 2008 polythene bag ban was introduced when there were relatively low levels of<br>environmental awareness among Rwandans, government initiatives such as media<br>campaigns (radio, TV, print) and community activities (monthly clean-ups) were created to<br>increase awareness on the environmental impacts of plastic bag pol ution in order to<br>reduce resistance to the ban.<br>
|
||
Another of the chal enges faced was smuggling of polythene bags from neighbouring<br>countries, which was tackled through strict border control and inspection, including flight<br>announcements on the ban.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>8</b></i><br>
|
||
<hr>
|
||
<A name=9></a>The limited influence of plastic bag manufacturers in Rwanda is another explanation for the<br>speed in which the law was passed and implemented. This is especial y significant when<br>looking at EAC members - such as Kenya and Uganda, who had multiple attempts to<br>enforce plastic bag bans delayed by an influential manufacturing sector.<br>
|
||
In 2019, Rwanda took the historic step of banning the majority of SUPs (with some<br>exceptions). The ban gave local businesses three months to shift towards more sustainable<br>alternatives, leading to an outcry11 regarding the short notice. Factories on the other hand<br>have been given two years to cease production of SUPs, with this two-year period expiring<br>in September 2021. It remains to be seen to what extent the factories adhere to this<br>deadline.<br>
|
||
Rwanda has shown commitment to implementing the ban by rejecting the appeal by<br>manufacturers of SUPs to extend the grace period given to them to phase out<br>production of SUPs12.<br>
|
||
<b>Below we will look at the policies and regulations in Rwanda that address<br>environmental protection and SUPs.</b><br>
|
||
<b>Vision 2050<br></b>Vision 2050 aspires to take Rwanda beyond high income to high living standards. To drive<br>towards this goal, Rwanda is committed to being a nation that has a clean and healthy<br>environment that is resilient to climate variability and change and that supports a high<br>quality of life for its citizens.<br>
|
||
<b>The Constitution of the Republic of Rwanda, 2003<br></b>The Constitution of Rwanda was adopted during the referendum of 26th March 2003 and<br>amended in 2015. It provides the binding legal framework which guided the National<br>Environment and Climate Change Policy, June 2019. Article 22 assures every citizen of the<br>right to live in a clean and healthy environment. Article 53 imposes an obligation on every<br>
|
||
11 Rwanda traders count losses after ban on single-use plastics<br>12 Rwanda: No extension of grace period for single-use plastics<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>9</b></i><br>
|
||
<hr>
|
||
<A name=10></a>person to protect, safeguard and promote the environment and further provides that the<br>State wil ensure the protection of the environment.<br>
|
||
<b>The National Environment Policy ("NEP"), 2003<br></b>The NEP sets out objectives and fundamental principles for the management of the<br>environment as wel as institutional and legal reforms in order to provide the country with<br>a coherent and harmonious framework for the coordination of policies. The NEP also<br>contains policy statements and strategic options as wel as the necessary arrangements for<br>the implementation of the policy.<br>
|
||
<b>Ministerial Order of the Minister of Lands, Environment, Forestry, Water and Mines</b><br>
|
||
<b>relating to the manufacture, importation, trade and use of plastic bags (20 August</b><br>
|
||
<b>2004)<br></b>The 2004 ban prohibited the manufacture, use, importation, or sale of plastic carrier bags<br>
|
||
under 60 microns. In 2008, this ban was extended to al polythene bags.<br>
|
||
<b>Determining the Modalities of Protection, Conservation and Promotion of<br>Environment in Rwanda (Law No. 04/2005)<br></b>Law No. 04/2005 set out the general framework for environmental protection and<br>management in Rwanda. This law developed national strategies, plans and programmes<br>aimed at ensuring the conservation and sustainable use of the environment. Article 6 of<br>Law No. 04/2005 provides that every person in Rwanda has a fundamental right to live in a<br>healthy and balanced environment.<br>
|
||
<b>Law No. 16/2006<br></b>Law No. 16/2006 of 3rd April 2006 establishes and determines the organisation,<br>functioning, powers and responsibilities of the Rwanda Environment Management<br>Authority (the "<b>REMA"</b>). REMA is responsible for the national environmental protection,<br>conservation, promotion and overal management of al matters relating to the<br>environment and climate change. REMA also advises the Rwandan Government on policies,<br>strategies and legislation related to the management of the environment.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>10</b></i><br>
|
||
<hr>
|
||
<A name=11></a><b>Law No. 57/2008<br></b>The manufacturing, sale, importation, or use of polyethylene bags is prohibited, with<br>strong fines for manufacturers, dealers and buyers of these plastic bags13.<br>
|
||
However, the law al ows exceptions for polythene bags to be used for the packaging of<br>meat, chicken, fish and mil ed cassava leaves to facilitate their refrigeration. The law also<br>states that "the list shal be updated at any time where it is deemed necessary".<br>
|
||
Article 4 of Law No. 57/2008 makes a provision for the Prime Minister to establish a list of<br>
|
||
polythene bags necessary to be used in exceptional cases.<br>
|
||
<b>National Strategy for Transformation ("NST1")<br></b>The NST1/Seven Years Government Program (2017 - 2024) sets the priority for a green<br>economy approach in its Economic Transformation pil ar that promotes "Sustainable<br>Management of Natural Resources and Environment to Transition Rwanda towards a<br>Green Economy". Moreover, environment and climate change were highlighted in NST1 as<br>cross-cutting areas of policy concern which can be positively impacted by a range of<br>development activities with priority given to agriculture, urbanisation, industries and<br>energy.<br>
|
||
<b>National Environment and Climate Change Policy, June 2019<br></b>This Policy provides strategic direction and responses to the emerging issues and critical<br>chal enges in environmental management and climate change adaptation and mitigation in<br>Rwanda. The main policy goal is for "Rwanda to have a clean and healthy environment<br>resilient to climate variability and change that supports a high quality of life for its society."<br>
|
||
13 Law No. 57/2008<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>11</b></i><br>
|
||
<hr>
|
||
<A name=12></a><IMG src="Updated SUP Report 2023 final 130423-12_1.jpg"><br>
|
||
<i>Flipflopi co-founder, Ali Abdal a Skanda, during the 2019 Lamu-Zanzibar Expedition | Credit:</i><br>
|
||
<i>Flipflopi</i><br>
|
||
<b>Law No. 17/2019<br></b>This legislation prohibits the manufacturing, importation, use and sale of plastic carry<br>bags and SUP items such as straws, food containers, cutlery, and bottles, with the<br>exception of home compostable plastic items and woven polypropylene14. It repealed<br>Law No. 57/2008.<br>
|
||
The law also outlines Extended Producer Responsibility, including an environmental levy<br>on imported SUPs as wel as products packaged in plastic. Furthermore, "every<br>manufacturer, wholesaler or retailer of plastic carry bags or single-use plastic items must<br>put in place mechanisms to col ect and segregate used plastic carry bags and single-use<br>plastic items and hand them over to the recycling plants."<br>
|
||
14 Law No. 17/2019<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>12</b></i><br>
|
||
<hr>
|
||
<A name=13></a>There is a transition period of three months, al owing retailers to sel off SUP items in<br>stock or that have been ordered. Additional y, existing factories in Rwanda that are<br>manufacturing prohibited items have been given two years to comply with the law.<br>
|
||
There also exists a document with guidelines for exemptions which provides clarity on<br>what is disal owed.15<br>
|
||
15 Guidelines on use of plastic bags<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>13</b></i><br>
|
||
<hr>
|
||
<A name=14></a><b>Kenya</b><br>
|
||
Single-Use Plastic Bans<br>
|
||
<b>Plastic carrier bags ban</b><br>
|
||
Enacted in 2017.<br>
|
||
<b>Single-Use Plastics ban</b><br>
|
||
The ban of specific SUP items came into effect in June 2020, but is restricted to protected areas.<br>
|
||
Relevant Government Institutions<br>
|
||
Ministry of Environment and Forestry<br>
|
||
National Environmental Management Authority<br>
|
||
Council of Governors - Water, Forestry and Mining Committee<br>
|
||
Ministry of East Africa Community and Regional Development<br>
|
||
<b>Kenya's </b>decision to implement the bans on plastic bags as wel as SUPs in protected areas<br>was driven by a strong civil society combined with strong political wil spurred by a need to<br>cement Kenya's environmental leadership in the region in order to support growth in<br>economic areas such as tourism.<br>
|
||
After multiple failed attempts to curb plastic bag pol ution through duties, standards, and<br>pilot projects16, the country instituted the world's strictest plastic bag ban in 2017 which has<br>to date achieved a success rate of 80%17. Behavioural change campaigns and civic<br>education were also critical in garnering public support, even as the ban faced the dual<br>chal enges of a lack of affordable alternatives and smuggling of the banned bags from<br>neighbouring countries18.<br>
|
||
Furthermore, Kenya's manufacturing companies have a significant and growing influence<br>within the country. Companies, led by the Kenya Association of Manufacturers ("<b>KAM</b>"),<br>have protested and delayed various attempts at plastic bans, citing the impact on<br>livelihoods.<br>
|
||
16 The Kenyan Ban on Plastic Bags: A study of attitudes and adaptation in Nairobi<br>17 2 years on: say no to plastic bags<br>18 How smuggling threatens to undermine Kenya's plastic bag ban<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>14</b></i><br>
|
||
<hr>
|
||
<A name=15></a>However, the private sector has made recent efforts to address plastic waste, including the<br>Framework of Cooperation which includes `Take Back Schemes', the Kenya Plastics Action<br>Plan, and the Kenya Plastics Pact.<br>
|
||
In 2020, the US oil and plastics industry was accused of attempting to weaken Kenya's laws<br>on plastics19, as part of bilateral trade talks between both countries. There was a public<br>outcry within Kenya with many opposed to a change in the country's strong environmental<br>policies, however, the outcome of the talks is yet to be seen.<br>
|
||
<b>Below we will look at the policies and regulations in Kenya that address<br>environmental protection and SUPs.</b><br>
|
||
<b>Environmental Management and Coordination Act, 1999 (the </b>"<b>EMCA")<br></b>The EMCA and its associated Waste Management Regulations 2006 is the framework law<br>guiding waste management in Kenya. The EMCA provides for the establishment of an<br>appropriate legal and institutional framework for environmental management and<br>conservation in Kenya. The EMCA also establishes the National Environmental<br>Management Authority ("<b>NEMA"</b>) whose object and purpose is to exercise general<br>supervision and coordination over al matters relating to the environment and to be the<br>principal instrument of Government in the implementation of al policies relating to the<br>environment.<br>
|
||
<b>Vision 2030<br></b>The country's development blueprint covers the 22-year period between 2008 and 2030.<br>Under the social pil ar, the blueprint highlights the need to establish waste management<br>systems in selected local authorities. Plastic management is also captured as a flagship<br>project that needs to be addressed urgently through public-private partnerships. Counties<br>have also al ocated substantial sums of money for waste management including<br>formulating bil s that mirror national policies for implementation at the local level.<br>
|
||
19 Big Oil accused of asking Trump administration to pressure Kenya on its strict plastics ban<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>15</b></i><br>
|
||
<hr>
|
||
<A name=16></a><b>Finance Budget, 2007 and Finance Bill, 2008<br></b>The 2007 Finance Budget imposed an excise duty of 120% on plastic bags of less than 30<br>microns. In January 2008, the Finance Bil also banned the importation and manufacture<br>of plastic bags of less than 30 microns.<br>
|
||
<b>Constitution of Kenya (2010)<br></b>In 2010, Kenya adopted a new constitution. Article 42 assures al Kenyans a clean and<br>healthy environment as a human right, of course with a demand upon al Kenyans to be<br>responsible to safeguard this right. Article 69 requires the government to eliminate al<br>processes and activities that degrade the environment, while Schedule 4 devolves waste<br>management to counties. Both levels of government play a distinct role in tackling plastics.<br>The national government handles policy formulation while county governments implement<br>those policies in line with the provisions of the constitution.<br>
|
||
<b>The National Environmental Policy 2013 (the "NEP 2013")<br></b>The main goal of the NEP 2013 is better quality of life for present and future generations<br>through sustainable management and use of the environment and natural resources.<br>
|
||
The NEP 2013 aims to provide a framework for an integrated approach to the sustainable<br>management of Kenya's environment and natural resources, through the use of innovative<br>environmental management tools such as incentives, disincentives, total economic<br>valuation, indicators of sustainable development, strategic environmental assessments,<br>environmental impact assessments, environmental audits, payment for ecosystem services<br>and the `pol uter pays principle". To achieve a clean and healthy environment the policy<br>seeks to discourage and eliminate unsustainable patterns of production and consumption<br>while instituting intensified awareness creation on the impacts of using non-biodegradable<br>materials such as SUPs.<br>
|
||
<b>National Solid Waste Management Strategy, 2015<br></b>This strategy outlines the framework for better solid waste management, including plastic<br>waste management, across the major municipalities: Kisumu, Eldoret, Thika, Mombasa, and<br>Nakuru.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>16</b></i><br>
|
||
<hr>
|
||
<A name=17></a><IMG src="Updated SUP Report 2023 final 130423-17_1.jpg"><br>
|
||
<i>A resident of Nakuru asking the Kenyan government to ban plastic bags | Credit: James Wakibia</i><br>
|
||
<b>Gazette Notice No. 2334 and 2356, 2017<br></b>On 28th February 2017, the Kenyan Government issued Gazette Notice No. 233420 and<br>235621 banning the manufacture, importation, and use of plastic carrier bags and flat<br>bags for commercial and household packaging. With a fine of $40,000 for anyone caught<br>
|
||
manufacturing, sel ing, or using the plastic bag, this is the world's strictest ban on plastic<br>
|
||
bags.<br>
|
||
20 Gazette Notice No. 2334<br>21 Gazette Notice No. 2356<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>17</b></i><br>
|
||
<hr>
|
||
<A name=18></a><b>The Draft Environmental Management and Coordination (Plastics Bags Control and<br>Management) Regulation, 201822<br></b>The objective of these regulations is to ensure a clean and healthy environment through<br>the prevention of pol ution caused by plastic bags and the promotion of alternative<br>biodegradable packaging materials. The draft regulations require every manufacturer<br>and importer of plastic bag packaging to propose and uphold a recycling plan to support<br>the col ection and recycling of plastic brought into the market.<br>
|
||
The plan can be developed individual y or in col aboration with other producers however<br>it must be submitted to NEMA for publishing and documenting previous activities and<br>
|
||
achievements. The draft regulations also set out a criterion for exemption which provides<br>that a packaging may not be eligible for exemption if it constitutes as over-packaging, or<br>if there exists any other feasible non-plastic alternative packaging material.<br>
|
||
<b>Gazette Notice No. 485823<br></b>In 2019, Kenya's President announced a ban on SUPs in protected areas including<br>conservation areas, forests, beaches, national parks, national reserves and any other<br>designated wildlife protected areas. This ban came into effect in June 2020 through<br>Gazette Notice No. 4858.<br>
|
||
The fol owing items constitute SUPs which are the subject of the ban:<br>
|
||
Cotton buds;<br> Cutlery, plates, straws and stirrers;<br> Bal oons and sticks for bal oons;<br> Food containers (some fractions of plastic polymer);<br> Cups for beverages (some fractions of plastic polymer);<br> Beverage containers (PET bottles);<br> Cigarette butts;<br> Bags;<br> Crisps packets, sweet wrappers, bread bags and confectionery wrappers; and<br>
|
||
22 Draft Environmental Management and Coordination Regulation, 2018<br>23 Gazette Notice No. 4858<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>18</b></i><br>
|
||
<hr>
|
||
<A name=19></a><IMG src="Updated SUP Report 2023 final 130423-19_1.jpg"><br>
|
||
Wet wipes and sanitary items.<br>
|
||
<i>President Uhuru Kenyatta visits the Flipflopi dhow during UNEA 4 in Nairobi | Credit: Flipflopi</i><br>
|
||
<b>2019/20 Budget: Incentives for Plastic Recycling</b><br>
|
||
The Kenyan government has provided incentives to businesses for plastic recycling. The<br>2019/2020 budget included an exemption from the 16% VAT for al services offered<br>including plastic recycling plants and the cost of machinery and equipment to set up<br>recycling plants. The government also reduced corporate tax from 30% to 15% for the first<br>5 years for any investor operating a plastic recycling plant.<br>
|
||
<b>Extended Producer Responsibility ("EPR") Regulations, 2021<br></b>Kenya's EPR regulations are aimed at al eviating the burden on counties, municipalities,<br>and taxpayers on managing end-of-life products, by reducing the amount of waste<br>generated and increasing the rates of recycling.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>19</b></i><br>
|
||
<hr>
|
||
<A name=20></a>Under the EPR regulations, producers wil be responsible for the post-consumer lifecycle of<br>their products, including col ection, sorting, and treatment for recycling or recovery. The<br>regulation also envisions the establishment of Producer Responsibility Organizations<br>(PROs) for the defined products including plastics.<br>
|
||
Currently, the revised draft further reinforces the obligation of manufacturers and would<br>also require producers to carry out a series of additional activities, including raising<br>awareness on management of post-consumer products that they introduce in the market<br>and carrying out product life cycle assessment in relation to their products for enhancing<br>environmental sustainability among others24.<br>
|
||
<b>Draft National Sustainable Waste Management Policy, 2021<br></b>The National Waste Management Policy aims to "create an enabling regulatory<br>environment for Kenya to effectively tackle the waste chal enge by implementing<br>sustainable, waste management that prioritizes waste minimization and contributes to a<br>circular economy." The Policy is now strengthened by the newly enacted Sustainable Waste<br>Management Act 2022 which has established actual structures for sustainable SWM.<br>
|
||
<b>Finance Act 2021<br></b>The 2021 Act imposes a 10% excise duty on "articles of plastic" which is lower than the<br>120% excise duty imposed by preceding Finance Act of 2008.<br>
|
||
<b>Sustainable Waste Management Act 2022<br></b>The newly enacted Act commits the government to enact measures to reduce the amount<br>of waste generated and, where waste is generated, to ensure that waste is reused,<br>recycled, and recovered in an environmental y sound manner.<br>
|
||
The Act focuses on discarding the linear model and embraces a circular model for waste<br>generation. The Act is based on eight main principles: the constitutional right to a clean and<br>healthy environment, the pol uter-pays principle, the precautionary principle, payment for<br>
|
||
24 Kenya Revises Draft Regulations on EPR<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>20</b></i><br>
|
||
<hr>
|
||
<A name=21></a>ecosystem services, access to info on waste management, the zero-waste principle,<br>achieving sustainable development goals, and poverty al eviation and job creation<br>(especial y for youth, women, and the disabled).<br>
|
||
Furthermore, the Act establishes a governance framework through a waste management<br>council, expands the role of county governments and EPR schemes.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>21</b></i><br>
|
||
<hr>
|
||
<A name=22></a><b>Tanzania</b><br>
|
||
Single-Use Plastic Bans<br>
|
||
<b>Plastic carrier bags ban</b><br>
|
||
Zanzibar's ban came into effect in 2006 for bags < 30 microns while the ban on the Tanzania mainland<br>
|
||
came into effect in June 2019<br>
|
||
<b>Single-Use Plastics ban</b><br>
|
||
Ban on plastic sachets and plastic packaging (with certain exceptions).<br>
|
||
Relevant Government Institutions<br>
|
||
State Ministry for Environment<br>
|
||
Ministry of Industry, Trade, and Investment<br>
|
||
National Environment Management Council<br>
|
||
<b>Tanzania implemented </b>a ban on plastic bags in 2019 nearly a decade after Zanzibar (an<br>island off mainland Tanzania) introduced a similar ban for bags less than 30 microns.<br>
|
||
While there have been positive responses to the law, there remains limited data on how<br>widespread its adoption is. Additional y, the Tanzanian government is coming up with EPR<br>guidelines under the National Solid Waste Management Strategy, and this could reinforce<br>the management of SUPs and their disposal in the country.<br>
|
||
<b>Below we will look at the policies and regulations in Tanzania that address<br>environmental protection and SUPs.</b><br>
|
||
<b>The Constitution, 1977<br></b>The Constitution of the United Republic of Tanzania (1977) as amended in 2005, makes it<br>mandatory to protect each citizen's health. Article 14 states that "every person has the right<br>to live and to the protection of his life by the society per the law," which has been<br>interpreted by the High Court of Tanzania to mean that Tanzanians are entitled to a healthy<br>environment.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>22</b></i><br>
|
||
<hr>
|
||
<A name=23></a><b>National Environment Policy </b>(<b>"NEP"</b>) <b>1997<br></b>The NEP emphasises sustainable environmental management, security, and equitable use<br>of resources, raising public awareness, and promoting individual and community<br>participation in environmental management. The NEP provides a set of principles and<br>objectives for an integrated and multisectoral approach addressing the totality of the<br>environment. The NEP also provides for the execution of a range of strategic functions<br>using policy instruments such as environmental impact assessments, environmental<br>legislation, economic instruments and environmental standards, and indicators. The policy<br>is stil being implemented, though there is a scarcity of information on its effectiveness.<br>
|
||
<b>Environment Management Act ("EMA") [as amended], 2004<br></b>The EMA requires authorities to put more effort towards promoting the state of the<br>environment and its associated future threats such as any emission to air, land, or water as<br>wel as the storage and disposal of non-hazardous and hazardous wastes. The EMA<br>requires the appointed sectoral, regional, and district environmental management<br>coordinators to enforce environmental management policies in their geographical<br>locations, while implementing, monitoring, and evaluating effectiveness. The EMA also<br>re-established the NEMC which has the mandate to undertake environmental enforcement,<br>compliance, review and monitoring environmental impact statements, leading research<br>and raising awareness.<br>
|
||
<b>The Environment Management (Prohibition of Manufacturing, Importation and Use<br>of Plastic Sachets for Packaging Distilled and other Alcoholic Beverages)<br>Regulations, 2017<br></b>These regulations imposed a total ban on the manufacturing, importation and use of<br>plastic sachets for packing distil ed and other alcoholic beverages regardless of their<br>thickness. The regulations also prohibit the registration or issuance of a licence to any<br>person intending to manufacture or import plastic sachets. Non-compliance with the<br>regulations may attract a penalty or a term of imprisonment as wel as repatriation,<br>confiscation and disposal of the plastic sachets.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>23</b></i><br>
|
||
<hr>
|
||
<A name=24></a><IMG src="Updated SUP Report 2023 final 130423-24_1.jpg"><br>
|
||
<i>School children in Mwanza hold up signs cal ing for a plastic revolution | Credit: Flipflopi</i><br>
|
||
<b>Ban on Plastic Carry Bags Regulations, 2018, Zanzibar25<br></b>The Zanzibar government official y banned the use of plastic bags less than 30 microns in<br>2006 through a directive, however the ban was only reflected in legislation in the Plastic<br>Bags Banning Regulations of 2011. These regulations made importation, manufacturing<br>and use of plastic bags an offence and on conviction a person can be imprisoned for six<br>months or pay a heavy fine of or both.<br>
|
||
On 8th June 2018, the Minister of State, Second Vice President's Office of the Government<br>of Zanzibar introduced the Ban on Plastic Carry Bags Regulations of 2018, which repealed<br>and replaced the 2011 regulations.The regulations prohibit a person from<br>
|
||
25 Plastic Carry Bags Regulations, 2018<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>24</b></i><br>
|
||
<hr>
|
||
<A name=25></a>manufacturing, importing, storing, sel ing, transporting, supplying, possessing, littering,<br>burning or using any plastic carry bag in Zanzibar for any purpose whatsoever.<br>
|
||
<b>The National Solid Waste Management Strategy </b>(<b>"NSWMS"</b>)<b>, 2018<br></b>The NSWMS seeks to establish a common platform for action between relevant<br>government institutions to systematical y improve waste management in Tanzania. The<br>strategy lays the framework for improved waste management in the country. This strategy<br>was developed to have ful y functional and compliant waste management systems in urban<br>centres, with a goal of protecting human health through enhancing a clean and healthy<br>environment for al .<br>
|
||
Additional y, Extended Producer Responsibility has been highlighted as one of the<br>approaches to be taken by the local governments in Tanzania to implement the solid waste<br>management strategy. Together with the Extended Producer Responsibility, the NSWMS<br>has also listed other means that can be used to implement the strategy including but not<br>limited to the introduction of public awareness campaigns and education, and the<br>establishment of efficiency and value addition in the solid waste management cycle.<br>
|
||
<b>Environmental Management (Prohibition of Plastic Carrier Bags) Regulations, 2019,<br>Tanzania<br></b>Effective June 1, 2019 al plastic carrier bags, regardless of their thickness, were<br>prohibited from being imported, exported, manufactured, sold, stored, supplied, and<br>used in Mainland Tanzania26.<br>
|
||
Beverages and other products wrapped in plastic are also prohibited, unless the plastic<br>wrapping was necessary. The only exceptions to the ban are plastic or plastic packaging<br>for medical services, industrial products, the construction industry, the agricultural<br>sector, foodstuffs, and sanitary and waste management.<br>
|
||
26 Plastic Bags Prohibition Regulations Issued<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>25</b></i><br>
|
||
<hr>
|
||
<A name=26></a>In addition, "al suppliers of products contained in plastic bottles are now required to<br>set-up, operate or participate in a take-back system in col ecting their respective waste<br>plastic bottles for recycling purposes, and no additional price is to be charged for this<br>service."<br>
|
||
<b>Ban of Plastic Drinking Straws and Soft Plastic Covers on Water Bottles, 2021<br></b>On the 9th of October 2021, the government of Tanzania through the Minister of State in<br>the vice president's office (Union Affairs and Environment), announced the ban on the<br>use of plastic drinking straws and soft plastic covers on the caps of water bottles.27<br>
|
||
The effective date for the ban is 12th April 2022 i.e. six months from the date of the<br>announcement, with the assumption that after that period most of the existing soft<br>drinks and water bottles wil expire. Products that have not expired wil be al owed to<br>remain in the market until their expiry date.<br>
|
||
The government further added that after the effective date, the importation of the said<br>products in Tanzania wil also be banned.<br>
|
||
<b>The National Climate Change Strategy 2021-2026</b><br>
|
||
This new strategy replaces the 2012 strategy and addresses climate change mitigation<br>
|
||
through various industries including waste management industries which can supplement<br>
|
||
the National Waste Management Strategy 2018<br>
|
||
27 Marufuku Kuzalisha Karatasi Za Plastiki Kwenye Mfuniko Wa Chupa Za Maji-Mhe. Jafo<br>
|
||
Government Bans Use of Plastic Drinking Straws<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>26</b></i><br>
|
||
<hr>
|
||
<A name=27></a><b>Uganda</b><br>
|
||
Single-Use Plastic Bans<br>
|
||
<b>Plastic carrier bags ban</b><br>
|
||
Announced the ban of plastic carrier bags that are less than 30 microns in 2007,<br>
|
||
and this took effect in 2018.<br>
|
||
<b>Single-Use Plastics ban</b><br>
|
||
Yet to ban.<br>
|
||
Relevant Government Institutions<br>
|
||
National Environment Management Authority (NEMA)<br>
|
||
Ministry of Water and Environment<br>
|
||
Kampala Capital City Authority<br>
|
||
<b>Uganda's </b>policy to ban SUPs was first announced in 2007. Similar to Kenya, the policy was<br>met by protests from manufacturers and traders delaying implementation for over a<br>decade.<br>
|
||
After years of implementation chal enges, the president of Uganda issued a directive in<br>2018 to enforce the ban on plastic bags (<i>kaveera</i>) that are < 30 microns. However,<br>implementation is inconsistent and the use of plastic bags remains common.<br>
|
||
An important factor to note is that the country's economic growth over the last few<br>decades has been largely driven by the manufacturing and construction sectors. The<br>plastics sector in particular is a core part of the country's manufacturing industry, and the<br>reluctance to enforce plastic bag bans can be attributed to their influence.<br>
|
||
Some of the push-back from the private sector to this plastic carrier bags ban has revolved<br>around the impact of the ban on employment and existing investments, and some have<br>also argued that there is need for the relevant authorities to implement existing waste<br>management policies rather than implementing strict bans on specific items only, in line<br>with other East African countries.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>27</b></i><br>
|
||
<hr>
|
||
<A name=28></a>Most recently, Uganda has been ranked as having the "fourth largest crude oil reserve in<br>sub-Saharan Africa"28 (oil is a crucial component in making plastic products). The focus on<br>an oil-based economy and industrialisation poses additional hurdles to Uganda's drive to<br>protect the environment, and reduces incentives for the country to stand out as<br>environmental stewards, similar to Kenya and Rwanda.<br>
|
||
With al of this in mind, Uganda made two significant statements in 2021. First, it became<br>the first landlocked country in the EAC to sign the Clean Seas Pledge (more details on the<br>pledge can be found later on in this report). Second, in July 2021, the Ugandan<br>Environmental Minister announced the government's intention to enforce a total ban on<br>plastic bags, however, the existing law wil first need to be amended.<br>
|
||
<b>Below we will look at the policies and regulations in Uganda that address<br>environmental protection and SUPs.</b><br>
|
||
<b>Constitution of the Republic of Uganda, 1995<br></b>The Constitution has provisions for enhancing conservation and management of the<br>environment and natural resources. Under the National Objectives and Directive Principles<br>of State Policy, Objective XXVII explicitly relates to the protection of the environment. This<br>objective imposes various obligations on the State including the promotion of sustainable<br>development and public awareness, the sustainable utilisation of natural resources and the<br>prevention and minimisation of damage and destruction to land, air and water resources<br>resulting from pol ution or other causes.<br>
|
||
More specifical y, Article 39 of the Constitution enshrines a constitutional right to a clean<br>and healthy environment for every Ugandan. Article 17(j) of the Constitution imposes a<br>duty on every citizen of Uganda to create and protect a clean and healthy environment.<br>Article 245 of the Constitution further provides that the Ugandan Parliament shal by law,<br>provide measures intended to protect and preserve the environment from abuse, pol ution<br>and degradation; to manage the environment for sustainable development; and to<br>promote environmental awareness.<br>
|
||
28 Oil wealth and development in Uganda and beyond: Prospects, opportunities and chal enges<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>28</b></i><br>
|
||
<hr>
|
||
<A name=29></a><b>The National Environmental Action Plan (the "NEAP") and the National Environment<br>Management Policy (the "NEMP"), 1994<br></b>Between 1991 and 1994, the Ugandan Government developed the NEAP which provided a<br>framework for addressing gaps in environmental management as wel as a strategy for<br>integrating the environment into the national socio-economic development. One of the<br>outcomes of the NEAP was the formulation of the NEMP. The overal goal of the NEMP is<br>the promotion of sustainable economic and social development mindful of the needs of<br>future generations. In addition, the NEMP also provided a basis for the formulation of a<br>comprehensive environmental legal framework under the 1995 Constitution and the<br>National Environment Act. The NEMP is currently undergoing a review to align it to the<br>National Environment Act, 2019 and to address the new and emerging environmental<br>issues and chal enges that the NEMP in its current form does not emphasise.<br>
|
||
<b>Finance Act, 2009<br></b>Section 2 of the 2009 Finance Act prohibits the importation, local manufacture, sale or<br>use of plastic bags that are less than 30 microns as wel as the "importation, local<br>manufacture, sale or use of sacks and bags of polymers of ethene and polyethylene with<br>effect from March 31, 2010". Section 2 of the Finance Act, 2009, was eventual y repealed<br>by the National Environment Act, 2019.<br>
|
||
<b>The National Environment Act, 2019<br></b>Assented to in February 2019, this Act assures the right of Ugandans to a clean and healthy<br>environment and addresses the rights of nature to exist. In section 97 (1), the Act strongly<br>prohibits littering and imposes an obligation on citizens and owners of premises to contract<br>relevant waste col ection agencies. Section 98 provides for Extended Producer<br>Responsibility (EPR), but without categorical specificity to plastics. Section 52(3) of the Act<br>also stipulates that waste originators shal minimise waste through the treatment,<br>reclamation and recycling of waste materials. The Act also provides for the continuation of<br>the National Environmental Management Authority ("<b>NEMA</b>") as the principal agency in<br>Uganda, charged with the responsibility of coordinating, monitoring, regulating and<br>supervising environmental management in Uganda.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>29</b></i><br>
|
||
<hr>
|
||
<A name=30></a><b>Section 76 of the National Environment Act, 201929<br></b>This Section specifical y relates to the management of plastic and plastic products.<br>Section 76 (1) of the Act provides that "the import, export, local manufacture, use or<br>re-use of categories of plastic carrier bags or plastic products made of polymers of<br>ethene (polythene) and propylene (polypropylene) is prohibited, except for plastic carrier<br>bags or plastic products made of polymers of ethene (polythene) and propylene<br>(polypropylene) of above thirty microns and those listed under Schedule 9."<br>
|
||
The Uganda National Bureau of Standards has the responsibility of enforcing the<br>prohibition under section 76 (1). Manufacturers or importers of plastic or plastic products<br>must, as a precondition for continued operation, ensure that recycling is part of that<br>person's active operations; label the plastics or plastic product; and put in place a<br>mechanism that is satisfactory to the Minister of Water and Environment to buy back or<br>remove from the environment plastic and plastic products.<br>
|
||
On 25th October 2021, a new condition of approval was added by the Uganda National<br>Bureau of Standards, requiring strict compliance with the Act as wel as label ing of plastic<br>bags.<br>
|
||
<b>The National Environment (Waste Management) Regulations, 2020<br></b>The regulations provide rules for the handling and disposal of waste and provide the NEMA<br>with necessary powers for control of waste management in Uganda and any movement of<br>waste into, from, or through Uganda, and from to or through any area under the<br>jurisdiction of any other state.<br>
|
||
The regulations also provide for cleaner production methods; a license for the<br>transportation of or storage of waste; powers of the environmental inspector; extended<br>producer responsibility, packaging and label ing of waste; operation of a waste treatment<br>plant or disposal site; environmental impact assessment; and notification procedures and<br>prior informed consent.<br>
|
||
29 Section 76 of the National Environment Act, 2019<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>30</b></i><br>
|
||
<hr>
|
||
<A name=31></a><IMG src="Updated SUP Report 2023 final 130423-31_1.jpg"><br>
|
||
<i>Ugandan singer, Sandra Suubi, leads a demonstration in Kampala around plastic pol ution in</i><br>
|
||
<i>Lake Victoria | Credit: Flipflopi</i><br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>31</b></i><br>
|
||
<hr>
|
||
<A name=32></a><b>Burundi</b><br>
|
||
Single-Use Plastic Bans<br>
|
||
<b>Plastic carrier bags ban</b><br>
|
||
Enacted in 2018 and took effect in 2020.<br>
|
||
<b>Single-Use Plastics ban</b><br>
|
||
Yet to ban.<br>
|
||
Relevant Government Institutions<br>
|
||
Ministry of Environment, Agriculture and Livestock<br>
|
||
Ministry of East African Community Affairs, Youth, Sports and Culture<br>
|
||
Burundian Office for the Protection of the Environment<br>
|
||
<b>Burundi </b>passed a law banning plastic bags in 2018, which took effect in 2020. However,<br>there is limited information on the uptake and impact of this ban.<br>
|
||
<b>Below we will look at the policies and regulations in Burundi that address<br>environmental protection and SUPs.</b><br>
|
||
<b>The National Environment Strategy and Action Plan of Burundi, 1997<br></b>Developed in 1997, the purpose of this Plan was to ensure the restoration of the<br>environment, the efficient management of natural resources and the protection and<br>sustainable management of the environment. One of the principles under the Plan is the<br>rational use of natural resources. The plan also encourages the state, public and private<br>operators to take necessary measures to prevent and limit activities that are likely to harm<br>the environment. The plan also urges them to recover and value usable substances<br>contained in waste and integrate environmental protection into their projects.<br>
|
||
<b>Law No. 1/010 of 30th June 2000 on the Code of Environment, 2000<br></b>This law sets out basic rules to protect and manage the environment against al forms of<br>degradation, to safeguard and enhance the rational use of natural resources, to fight<br>against different forms of pol ution and nuisances and thus, improve people's living<br>conditions while respecting the balance of ecosystems.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>32</b></i><br>
|
||
<hr>
|
||
<A name=33></a>Furthermore, Article 45 of The Code deals with water pol ution, prohibits spil s, flows,<br>discharges, direct or indirect deposits and al acts or facts that are likely to cause or<br>increase pol ution of the surface or underground water, whatever its origin.<br>Additional y, Article 120 of The Code demands proper management of waste in order to<br>lessen its harmful effects on the environment. It further states that producers of such<br>waste are responsible for its disposal in accordance with the provisions of The Code.<br>
|
||
<b>The Constitution, 2005<br></b>The 2005 Constitution of Burundi refers to environmental protection and management in<br>three provisions, stating that "(i) the government ensures the good management and the<br>rational exploitation of natural resources of the country, while preserving the environment<br>and the conservation of these resources for future generations; (i ) the citizens of Burundi<br>enjoy a right to a clean and healthful environment; and (i i) protection of the environment<br>and conservation of natural resources shal be subject to specific laws."<br>
|
||
<b>Ministerial Order No. 530/770/720/320/205 of 27 February 2009<br></b>This order relates to the development and management of protected areas in the vicinity of<br>ravines and rivers crossing urban and green spaces. Article 29 of the Order stipulates that<br>protected areas must be considered in the overal development plan and their<br>management must go with the development of the riparian human environment, and<br>participatory management of protected areas must be concerned with improving the<br>framework.<br>
|
||
<b>Decree No. 100/099 of August 8, 201830<br></b>On 13 August 2018, a decree signed by President Pierre Nkurunziza said the country was<br>prohibiting the "manufacture, importation, marketing, storage, sale and use of al plastic<br>bags and another plastic packaging" while also promoting the use of materials that do<br>not harm the environment and preventing any form of pol ution caused by plastic.<br>This ban gave the country 18 months to prepare for the implementation of the legislation<br>and was effective in January 2020. The decree noted exemptions "for biodegradable<br>plastic bags, bags and plastic materials used in medical services, and industrial and<br>pharmaceutical packaging."<br>
|
||
30 Decree No. 100/099 of August 8, 2018<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>33</b></i><br>
|
||
<hr>
|
||
<A name=34></a><b>South Sudan</b><br>
|
||
Single-Use Plastic Bans<br>
|
||
<b>Plastic carrier bags ban</b><br>
|
||
Enacted in 2015.<br>
|
||
<b>Single-Use Plastics ban</b><br>
|
||
Yet to ban.<br>
|
||
Relevant Government Institutions<br>
|
||
Ministry of Environment & Forestry<br>
|
||
Ministry of Trade, Industry and East Africa Community Affairs<br>
|
||
<b>South Sudan </b>does not have a comprehensive environmental legislative framework.<br>However, there are various laws in place that South Sudan applies for the protection of the<br>environment and the regulation of plastics.<br>
|
||
While, the policies and regulations are limited, South Sudan's appetite to be at par with<br>other EAC members is displayed by the government's move to ban plastic carrier bags31.<br>Fol owing this ban, authorities have stated that plastic pol ution is down by 50% in the<br>capital of Juba32, however, the country is stil struggling to ful y enforce the ban and mitigate<br>the pol ution caused by the improper disposal of plastic bags33. Current economic<br>chal enges have also made implementation of the ban less of a priority.<br>
|
||
<b>Below we will look at the policies and regulations in South Sudan that address<br>environmental protection and SUPs.</b><br>
|
||
<b>Vision 2040.</b><br>
|
||
The vision is "Towards freedom, equality, justice, peace and prosperity for al ".<br>
|
||
31 South Sudan's ban of plastic carrier bags: An empirical move or an emulation?<br>32 South Sudan's Plastic Bag Ban<br>33 Plastic pol ution remains biggest environmental problem<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>34</b></i><br>
|
||
<hr>
|
||
<A name=35></a>The document is expected to strengthen environmental governance by increasing<br>the capacity and financing for the Ministry of the Environment and Forestry,<br>which would help to ensure that the country's natural resources are both<br>protected and used sustainably34.<br>
|
||
<b>The Environmental Protection Act, 2001<br></b>This was legislation before South Sudan became independent. While the Act is no longer<br>legal y binding in South Sudan, it remains an important piece of legislation that is used to<br>give guidelines in ensuring environmental conservation in the country.<br>
|
||
The Act has the fol owing objectives: i) to protect the environment in its holistic definition<br>for the realization of sustainable development; i ) to improve the environment and the<br>sustainable exploitation of natural resources; and i i) to create a link between<br>environmental and developmental issues, and to empower concerned national authorities<br>and organs to assume an effective role in environmental protection.<br>
|
||
<b>The Interim National Constitution of South Sudan (the "ICSS"), 2005<br></b>Highlights that every person shal have the right to have the environment protected for the<br>benefit of present and future generations, through reasonable legislative action and other<br>measures that prevent pol ution and ecological degradation; promote conservation; secure<br>ecological y sustainable development and use of natural resources while promoting<br>rational economic and social development so as to protect biodiversity. It also demands<br>that every person or community shal have the right to a clean and healthy environment.<br>
|
||
<b>Local Government Act (2009)<br></b>Under the Local Government Act, waste management is considered as one of the public<br>services to be provided by local governments along with water supply, sanitation,<br>electricity, transportation, communication, etc.<br>
|
||
<b>The Transitional Constitution of the Republic of South Sudan, 2011 (the "TCRSS")<br></b>Fol owing the vote to secede from Sudan in July 2011, the ICSS was replaced with the<br>TCRSS. Article 41(1) of the TCRSS specifies that every person or community shal have the<br>
|
||
34 South Sudan: the first outlook environmental report 2018 summary<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>35</b></i><br>
|
||
<hr>
|
||
<A name=36></a>right to a clean and healthy environment. Article 41(2) imposes an obligation on every<br>person to protect the environment for the benefit of present and future generations.<br>
|
||
<b>Draft Environmental Protection Bill (2015)<br></b>The bil was prepared by the Ministry of Environment and Forestry and has comprehensive<br>plans that include waste management. The draft Bil aims to protect the environment in<br>South Sudan and to promote ecological y sustainable development that improves quality of<br>life. The draft bil also provides for the establishment of an autonomous South Sudan<br>National Environmental Management Authority to enforce the country's environmental<br>laws and regulations.<br>
|
||
<b>The National Environment Policy 2015 - 2025<br></b>The policy aims to develop laws, regulations, and guidelines that ensure sustainable<br>management of the environment as wel as the prudent utilization of natural resources.<br>The policy contains ten chapters including chapters on climate change, management of<br>resources, corporate social and environmental responsibilities, and environmental<br>planning.<br>
|
||
<b>Plastic Bag Ban<br></b>The ban on the importation and use of plastic carrier bags was enacted in December<br>2015 by the Ministry of Environment, however, implementation started after the ban in<br>Kenya.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>36</b></i><br>
|
||
<hr>
|
||
<A name=37></a><b>Democratic Republic of Congo (DRC)</b><br>
|
||
Single-Use Plastic Bans<br>
|
||
<b>Plastic carrier bags ban</b><br>
|
||
Enacted in 2021.<br>
|
||
<b>Single-Use Plastics ban</b><br>
|
||
Ban on plastic sachets and plastic packaging (with certain exceptions).<br>
|
||
Relevant Government Institutions<br>
|
||
Ministry of Environment and Sustainable Development<br>
|
||
Congolese Environmental Agency<br>
|
||
Parliamentary Commission for Environment<br>
|
||
<b>DRC </b>does not have a comprehensive environmental legislative framework. However, there<br>are various laws in place that apply to the protection of the environment and the regulation<br>of plastics.<br>
|
||
The Republic of Congo has banned the production, import, sale and use of plastic bags in a<br>move to fight environmental pol ution as of March 2021. This decree is applied to the sale<br>of food, water and other plastic beverages in Kinshasa, the capital to curb the pol ution as a<br>result of plastic food and beverage packaging such as water sachets35.<br>
|
||
Despite the existence of policy, there is little enforcement, as goods with plastic packaging<br>are imported with little restriction. In fact, plastic waste management is covered by the<br>National Sanitation Policy (Politique Nationale d'Assainissement, PoNA) as wel , but policies<br>and plans specific to plastic waste management have not yet been formulated.<br>
|
||
<b>Below we will look at the policies and regulations in DRC that address<br>environmental protection and SUPs</b>.<br>
|
||
35 Greenpeace Africa reacts to strict measures against water sachets announced in Kinshasa<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>37</b></i><br>
|
||
<hr>
|
||
<A name=38></a><b>National Environmental Action Plan 2002</b><br>
|
||
Defines al the actions required to implement better environmental management<br>at national level<br>
|
||
<b>Constitution of the Third Republic, Adopted on 18 February 2006, Article 53 states<br>that:<br></b>"Every person has a right to a healthy environment, which is favourable to his/her ful<br>development, the environment must be protected and the State must look after the<br>protection of the environment and the health of the people."<br>
|
||
<b>Environmental Protection Act 2011</b><br>
|
||
Sets out the fundamental principles relating to the protection of the environment, as wel<br>as the institutional framework and procedural mechanisms for an environmental<br>
|
||
<b>Decree No. 17/018 of December 30, 2017</b><br>
|
||
The Decree prohibits the production, importation, marketing, and use of plastic bags,<br>sachets, films and other plastic packaging for the sale of food, water, and any drink.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>38</b></i><br>
|
||
<hr>
|
||
<A name=39></a><b>REGIONAL CONTEXT</b><br>
|
||
<b>East African Community (EAC)</b><br>
|
||
<b>Treaty for the Establishment of the East African Community, 1999<br></b>Chapter 19 of the Treaty for<br>establishment of the East African<br>Community enjoins the Partner States<br>to cooperate in al issues of<br>environmental and natural resources<br>management, while certain provisions<br>urge the Partner States to adopt<br>common environment control<br>regulations, incentives and standards;<br>encourage the manufacture and use<br>of biodegradable pesticides,<br>herbicides and packaging materials;<br>and to adopt common environmental<br>standards for the control of<br>atmospheric, terrestrial and water<br>pol ution arising from urban and<br>industrial development activities.<br>
|
||
<b>East African Protocol on Environmental and Natural Resource Management, 2005<br></b>The East African Protocol on Environmental and Natural Resource Management governs<br>the partner states in their cooperation in the management of the environment and natural<br>resources within their jurisdiction including transboundary environment and natural<br>resources.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>39</b></i><br>
|
||
<hr>
|
||
<A name=40></a><b>The East African Community Polythene Materials Control Bill, 2016</b><br>
|
||
In 2017, the East African Legislative Assembly passed the Polythene Materials Control Bil ,<br>201636. The Bil has however not been assented to by al the various Heads of State of the<br>EAC Partner States. The assent of al the Heads of State is required in order for the Bil to be<br>an Act of the EAC Community.<br>
|
||
The objectives of the Bil are to:<br>
|
||
establish a legal framework for the control of the use of polythene in the<br>
|
||
Community;<br>
|
||
promote the use of environmental y friendly packaging materials;<br> preserve and promote a clean and healthy environment and land use management<br>
|
||
for sustainable development;<br>
|
||
prevent any type of pol ution caused by polythene materials in lakes, rivers and<br>
|
||
oceans;<br>
|
||
protect infrastructure including drainage systems biodiversity and livestock;<br> promote recycling; and<br> brand the East African Community as green and clean.<br>
|
||
The Bil applies to al types of polythene materials (though there is a list of exempted<br>materials) and states that "the elimination of polythene bags shal be complete in al<br>Partner States within one year from coming into force of this Act."<br>
|
||
One of the major setbacks of the Kenyan plastic carrier bag ban in 2017 was smuggling<br>from neighbouring nations. Rwanda experienced the same setback. In this Act, the EAC<br>tries to address and prevent this from occurring.<br>
|
||
36 East African Community Polythene Materials Control Bil , 2016<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>40</b></i><br>
|
||
<hr>
|
||
<A name=41></a><b>Economic Community of West African States</b><br>
|
||
<b>(ECOWAS)</b><br>
|
||
Although there is currently no ECOWAS-wide initiative for SUP waste management, the<br>majority of countries in the region have sustained partial if not ful bans on SUP37.<br>
|
||
These are outlined below:<br>
|
||
<b>Country</b><br>
|
||
<b>SUP Policy</b><br>
|
||
Senegal, Togo, Mali, Mauritania, C<>te<br>
|
||
Partial Ban, implemented between 2013 -<br>
|
||
D'ivoire, Niger, Gambia, Burkina Faso,<br>
|
||
2018.<br>
|
||
Guinea-Bissau, Cape Verde, Benin.<br>
|
||
Ghana, Nigeria, Guinea, Liberia, Sierra<br>
|
||
No Policy/Ban. Ghana has a tax.<br>
|
||
Leone.<br>
|
||
In addition, a 2020 article by<br>Greenpeace reported that "Ministers<br>for Environmental Protection of the 15<br>member countries of the regional body<br>ECOWAS (Economic Community of<br>West African States) have also decided<br>to put a ban on the import, production<br>and marketing of plastic packaging in<br>the region by 2025.<br>
|
||
The same applies to the ban on the<br>instal ation of new plastic packaging<br>production units in the ECOWAS<br>countries."38<br>
|
||
37 Policies to reduce single-use plastic marine pol ution in West Africa<br>38 West Africa breaks free from Plastic | Time to celebrate Victories<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>41</b></i><br>
|
||
<hr>
|
||
<A name=42></a><b>Southern African Development Community</b><br>
|
||
<b>(SADC)</b><br>
|
||
Similar to ECOWAS, the SADC does not have a regional initiative addressing SUPs, however,<br>al of its members have announced policies (total bans, partial bans, and levies) to reduce<br>the number of SUP bags with varying levels of implementation. Out of 16 member states,<br>10 have implemented their policies, 4 are yet to implement their policies, and 2 have had<br>their policies revoked.39<br>
|
||
Several countries, including Comoros, Mauritius, and Seychel es, also have additional bans<br>on specific SUPs.<br>
|
||
The SADC is composed of the<br>fol owing 16 member states:<br>Angola, Botswana, Comoros,<br>Democratic Republic of Congo,<br>Eswatini (formerly known as<br>Swaziland), Lesotho,<br>Madagascar, Malawi, Mauritius,<br>Mozambique, Namibia,<br>Seychel es, South Africa, United<br>Republic of Tanzania (also part<br>of the EAC), Zambia, and<br>Zimbabwe.<br>
|
||
39 Single-use plastic bag policies in the Southern African development community<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>42</b></i><br>
|
||
<hr>
|
||
<A name=43></a><b>African Union (AU)</b><br>
|
||
<b>Bamako Convention, 2001<br></b>This Convention prohibits and regulates importation and trans-boundary movement and<br>management of hazardous wastes within African states.<br>
|
||
Having undertaken a gap analysis of the existing legislative and policy framework of<br>English-speaking, as wel as French and Portuguese-speaking African countries, UNEP has<br>now produced a set of draft guidelines for African countries for the development of policy<br>and legislation on plastic pol ution and marine litter40<br>
|
||
40 Draft regional guidelines for the development of legislation and policies on marine litter in africa<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>43</b></i><br>
|
||
<hr>
|
||
<A name=44></a><b>European Union (EU)</b><br>
|
||
<b>The Plastic Bags Directive (Directive (EU) 2015/720)<br></b>The Plastic Bags Directive "is an amendment to the Packaging and Packaging Waste<br>Directive (94/62/EC) and was adopted to deal with the unsustainable consumption and use<br>of lightweight plastic carrier bags (i.e. plastic carrier bags with a wal thickness below 50<br>microns), which are one of the top ten littered items in Europe.41"<br>
|
||
Under this directive, Member States are required "to take measures, such as national<br>reduction targets and/or economic instruments (e.g. fees, taxes) and marketing restrictions<br>(bans), provided that the latter are proportionate and non-discriminatory."<br>
|
||
<b>The European Union (EU) Directive on the Reduction of the Impact of Certain Plastic<br>Products on the Environment</b><br>
|
||
The European Parliament<br>approved<br>
|
||
the<br>
|
||
SUP<br>
|
||
directive<br>
|
||
in<br>
|
||
201942<br>
|
||
(effective from July 2021) <20><br>which "provides for a<br>progressive phase out of<br>single-use plastics, to be<br>replaced<br>
|
||
by<br>
|
||
reusable<br>
|
||
products and systems. It<br>also addresses single-use<br>plastic items through a<br>range of complementary<br>policy measures.<br>
|
||
41 The Plastic Bags Directive<br>42 European Parliament Passes Single-use Plastic Ban<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>44</b></i><br>
|
||
<hr>
|
||
<A name=45></a>This includes:<br>
|
||
EU-wide bans for 15 items (e.g. plates, cutlery, straws, cups made of expanded<br>
|
||
polystyrene, food and beverage containers made of expanded polystyrene) from 3<br>July 2021,<br>
|
||
Consumption reduction for food containers and beverage cups, by 2026 compared<br>
|
||
to 2022,<br>
|
||
Fee-modulated Extended Producer Responsibility (EPR) schemes for a number of<br>
|
||
items (packets and wrappers, wipes, tobacco products, etc.), including the costs of<br>clean-up,<br>
|
||
Specific design requirements for beverage containers and bottles, including recycled<br>
|
||
content integration and attachment of the cap to the container,<br>
|
||
Separate col ection of bottles - 77% of bottles put on the market by 2025 and 90% by<br>
|
||
2030,<br>
|
||
Label ing requirements, including on the presence of plastic and impact on the<br>
|
||
environment, for beverage cups, menstrual items, wet wipes and tobacco products.<br>
|
||
Awareness raising measures, on the impacts of single-use plastic on the<br>
|
||
environment and the promotion of reusable alternatives."43<br>
|
||
As of July 2021, several EU countries had made significant strides towards transposing the<br>directive into law44, however, several others45 were fal ing behind.<br>
|
||
43 Assessment of European countries' transposition of the Single Use Plastics Directive<br>44 Single-use plastics pol ution: where does Europe stand?<br>45 Italy reported to EU over plastics law failure<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>45</b></i><br>
|
||
<hr>
|
||
<A name=46></a><b>INTERNATIONAL CONTEXT</b><br>
|
||
<b>Existing and Potential International Legal</b><br>
|
||
<b>Frameworks Governing Plastic Pollution</b><br>
|
||
<b>Towards a global plastics treaty</b><br>
|
||
In a historic move at UNEA-5, UN Member States endorsed a resolution on March 2, 2022<br>to end plastic pol ution by forging an international legal y binding agreement by 2024; the<br>resolution addresses the ful lifecycle of plastic, including its production, design and<br>disposal, the design of reusable and recyclable products and materials, and the need for<br>enhanced international col aboration to facilitate access to technology, capacity building<br>and scientific and technical cooperation.46<br>
|
||
The Intergovernmental Negotiating Committee had the first working session (INC-1) in<br>Punta del Este, Uruguay during which cal s were made for a human rights-based approach,<br>a just transition, equity, inclusivity, transparency, human and environmental health, taking<br>into account the special needs and circumstances of least developed countries, smal island<br>developing states and vulnerable communities47. Additional issues raised during the<br>discussions include: the role and responsibility of the private sector on plastic legacy issues;<br>and the need of infrastructure for sound plastic waste management and a timetable for<br>negotiations was also proposed.<br>
|
||
The 2nd session, INC-2 wil take place in June 2023 at the United UNESCO Headquarters in<br>Paris, France. During this session, the agenda is to resume conversations which were not<br>concluded in Uruguay, and mark the start of more substantive deliberations48, more<br>specifical y the preparation of an international y legal y binding instrument on plastic<br>pol ution, including the marine environment.<br>
|
||
46 Historic day in the campaign to beat plastic pol ution<br>
|
||
<i><b>47 </b></i>Stakeholder dialogue at INC-1 synthesis report<br>
|
||
<i><b>48 </b></i>INC-2 Proposed Agenda<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>46</b></i><br>
|
||
<hr>
|
||
<A name=47></a><b>1978: MARPOL<br></b><i>EAC Signatories: Kenya</i><br>
|
||
The MARPOL regulations address in Annex V al categories of waste from ship operations<br>including plastics. Al plastic waste generated during the normal operation of the ship is<br>strictly banned from discharge in any waters. This includes but is not limited to synthetic<br>ropes, fishing gear, garbage bags, and ashes from incineration. The regulations for the<br>prevention of pol ution from ships entered into force international y in 1988. Today, more<br>than 150 countries are signatories to MARPOL Annex V.<br>
|
||
<b>1989: The Basel Convention<br></b><i>EAC Signatories: Kenya, Uganda, Rwanda, Burundi</i><br>
|
||
The Basel Convention is an international treaty that was designed to reduce the<br>movements of hazardous waste between nations, and specifical y to prevent the transfer of<br>hazardous waste from developed to less developed countries.<br>
|
||
In 2019, the Conference of the Parties to the Basel Convention adopted two important<br>decisions to address plastic waste, make global trade in plastic waste more transparent<br>and better regulated, whilst also ensuring that its management is safer for human health<br>and the environment. These steps have strengthened the Basel Convention as the only<br>global legal y binding instrument to specifical y address plastic waste. Technical assistance<br>is provided to assist parties in fulfil ing their obligations.<br>
|
||
A Plastic Waste Partnership (PWP) was also established to mobilise business, government,<br>academia, and civil society resources, interests, and expertise to improve and promote the<br>environmental y sound management (ESM) of plastic waste at the global, regional and<br>national levels and to prevent and minimize its generation. The overal tasks of the PWP<br>include:<br>
|
||
Advance the prevention, minimization, col ection and environmental y sound<br>
|
||
management of plastic waste;<br>
|
||
Undertake pilot projects which support the delivery of the other overal tasks;<br> Col ect, analyze and consider possibilities to improve information on transboundary<br>
|
||
movements of plastic waste;<br>
|
||
Encourage and promote relevant innovation, research and development.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>47</b></i><br>
|
||
<hr>
|
||
<A name=48></a><IMG src="Updated SUP Report 2023 final 130423-48_1.jpg"><br>
|
||
<b>Non-Binding Pledges and Campaigns Around</b><br>
|
||
<b>Plastic Pollution</b><br>
|
||
<b>Clean Seas Pledge<br></b><i>EAC Signatories: Kenya, Uganda</i><br>
|
||
The Clean Seas campaign is UNEP's<br>global campaign devoted to ending<br>marine plastic pol ution. It ral ies<br>individuals, civil society groups,<br>industry and governments to take<br>concrete actions to reduce marine<br>litter. Since the campaign was<br>launched in 2017, more than 60<br>countries have joined.<br>
|
||
<b>Ocean Plastics Charter<br></b><i>EAC Signatories: Kenya, Rwanda</i><br>
|
||
The Ocean Plastics Charter was first adopted by Canada, France, Germany, Italy, the UK,<br>and the EU in 2018. It brings together governments, civil society, and businesses, to take<br>action towards a sustainable and resource efficient approach to managing plastics.<br>
|
||
<b>Global Partnership on Marine Litter (GPML)<br></b>The GPML is a "multi-stakeholder partnership that brings together al actors working to<br>prevent marine litter and microplastics". By providing a platform for coordination and<br>knowledge sharing, stakeholders can col aborate to advance solutions to addressing<br>marine litter.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>48</b></i><br>
|
||
<hr>
|
||
<A name=49></a><IMG src="Updated SUP Report 2023 final 130423-49_1.jpg"><br>
|
||
<b>CONCLUSION AND RECOMMENDATIONS</b><br>
|
||
While EAC members have individual y made<br>strides towards addressing plastic pol ution,<br>there remains a pressing need for further<br>legislative action with respect to addressing the<br>manufacture, importation, use and sale of not<br>just plastic bags, but unnecessary SUPs at a<br>regional level.<br>
|
||
As it stands, there remains a huge gap in<br>legislative alignment, consistent enforcement,<br>uniform standards, common language, and clear<br>targets regarding plastic pol ution and<br>management in the region. There is a need and<br>
|
||
opportunity to tackle transboundary pol ution and this includes col aboration and<br>strengthening the commitments of states in the international treaties they ratify, and more<br>specifical y an East African Regional instrument.<br>
|
||
<b>To approach this monumental challenge, we ask the EAC member states to come</b><br>
|
||
<b>together to achieve the following:</b><br>
|
||
establish a legal framework to control the manufacture, importation, use and sale<br>
|
||
of SUPs, that coordinates with existing regulations and agreements;<br>
|
||
al ocate technical and financial support to the framework;<br> establish monitoring and reporting structures that track progress and ensure<br>
|
||
compliance;<br>
|
||
develop suitable waste management infrastructure;<br> promote the use of sustainable and reusable products and incentivise circular<br>
|
||
economy businesses and services; and<br>
|
||
lead awareness-raising campaigns to educate consumers and producers, among<br>
|
||
other key stakeholders.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>49</b></i><br>
|
||
<hr>
|
||
<A name=50></a>The growth of East Africa's economies offer a range of opportunities to rethink SUPs, by<br>developing new production and consumption models that take us away from the<br>destructive nature of `business as usual' and towards actions more closely associated with<br>our own traditional values <20> where quite simply put: nothing should go to waste.<br>
|
||
Increasing policy frameworks that support more conscious economies while promoting a<br>just transition - in which policies stimulate economic opportunities relating to SUP<br>alternatives; protect livelihoods; and ensure inclusive representation in the policy making<br>process - is critical.<br>
|
||
Now is the time for East Africa to build on the momentum of member states, raise the bar<br>in the EAC, draw lessons and best practices from around the world, and come together to<br>outline bold and inspired measures that benefit the health, wel ness, and livelihoods of al<br>East Africans.<br>
|
||
East Africa lies in an enviable position of taking a stand as environmental leaders tackling<br>SUPs, and with that spurring global action and agreement on the same. Only when we<br>make the conscious decision to work together towards a shared vision for East Africa, wil<br>we begin to see the progress that we so desperately need.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>50</b></i><br>
|
||
<hr>
|
||
<A name=51></a><b>AUTHORS AND CONTRIBUTORS</b><br>
|
||
<b>The Flipflopi Project </b>is a circular economy movement based in East Africa whose vision is<br>a world without single-use plastic. Flipflopi showcases alternate uses of waste plastic and<br>the viability of a circular economy in Africa through education programmes, innovation<br>hubs and advocacy and governance programmes.<br>
|
||
<b>ALN (Africa Legal Network) </b>is an integrated al iance of the preeminent ful service<br>corporate law firms in 14 African countries and a regional office in UAE. Together, ALN<br>firms provide clients with seamless practical and business-focused legal, advisory and<br>transactional services across Africa. The al iance specialises in blending deep local<br>knowledge and reach with sector-specific expertise, to successful y guide clients in<br>navigating local y and across borders.<br>
|
||
<b>Sustainable Inclusive Business Kenya </b>is a neutral platform that works with government,<br>civil society, academia, businesses, startups, youth and business experts across al sectors<br>with these focus areas: Circular Economy (Waste, Recycling, and Plastics), Climate Change <20><br>Food <20> Land <20> Water, People (Employee engagement, workers, work environment, gender,<br>and youth) and Business Values.<br>
|
||
With special thanks to the <b>Sustainable Manufacturing and Environmental Pollution<br>(SMEP</b>) Programme and partners - <b>UK Aid </b>and the <b>United Nations Conference for Trade<br>and Development (UNCTAD</b>) - for their support.<br>
|
||
<i><b>State of Affairs: Policies, Regulations and Laws that Address the Harmful Effects of Single-Use Plastics</b></i><br>
|
||
<i><b>in the East African Community (2023)</b></i><br>
|
||
<i><b>51</b></i><br>
|
||
<hr>
|
||
</BODY>
|
||
</HTML>
|