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The ban
Marine and environmental pollution by plastic
material has for several years been a global concern. The United Nation
Environmental Programme’s (UNEP) initiative dubbed the “#CleanSeas
campaign”, among others, urges governments to pass plastic reduction
policies. In August 2017, Kenya became the 11th country to
embrace the campaign by enacting a ban on plastic bag and imposing the
stiffest penalties in the world. The ban outlaws the use, manufacture
and importation of all plastic bags used for commercial and household
packaging.
The exemptions
The ban is however not total. Plastic bags used
for industrial primary packaging of products, garbage liners as well as
plastic bags for disposing medical waste and chemicals are exempt from
the ban. Also exempted are plastic sheets used for construction,
greenhouses and other covering; cling/stretch films used for wrapping;
and bopp self-adhesive tapes (together the “exempted products”).
In context, fast moving products which are widely
consumed such as bread and cereals, whose packaging is exempted, pose a
potential for pollution if unchecked.
Given the nature and extent of the exemptions,
will Kenya be able to achieve the goal of the ban and/or do the exempted
products provide commercial opportunities that would result in Kenya
achieving its goal of eradicating environment pollution by plastic bags?
Possible reasons for the exemptions
It is likely that Kenya allowed the exemptions on account of the following:
- as a participant in the global market, Kenya
appreciates that other jurisdictions use plastic bags for industrial
primary packaging; - alternative viable packaging materials e.g paper may have been deemed difficult to implement;
- there exist waste management solutions to deal with any waste from the exempted products; and
- being the third attempt at banning plastic bags,
it was felt that a compromise with manufacturers be reached through the
exemptions.
Opportunities behind the ban
Various opportunities exist in ridding the
existing pollution from plastic bags and managing incoming plastic waste
arising out of the exempted products. To harness the opportunities,
some challenges must be overcome.
The first hurdle is reducing, if not entirely
reversing, the pollution and damage already caused by plastic bags
before the ban and the anticipated pollution from the exempted
products. To achieve this, the government should cultivate and
implement various sensitisation policies and incentivize the local
communities as well as the private sector to monetise waste recovery and
recycling programs. Awareness campaigns, corporate social
responsibility activities and school curriculums that relate to the
importance of and actual recycling and managing plastic waste may prove
effective in the long term. Moreover, such waste recovery and recycling
programs can further create employment opportunities that may spur the
economy.
The second hurdle would be managing waste that
result from the exempted products. The Government should formulate and
enforce policies and mechanisms encouraging the proper disposal and
recycling of such waste. The reach of the private sector and community
based groups in providing and extending proper waste disposal facilities
should be harnessed. In the horticultural sector in Naivasha for
instance, the government as incentive encourages farmers to collect all
plastic materials on their farms which it then buys based on quantities
in kilograms.
The Government can and should sell the collected
waste products to licensed commercial recycling plants for them to
complete the waste disposal cycle. It may also be prudent for the
Government to designate space for waste separation centres to ensure
proper waste management.
The emergence of innovative alternative materials
to eliminate the need for the exempted products may just be another
lucrative opportunity which the “go-green” Kenyan government may be
eager to embrace and support. This is not farfetched, just a few years
back for example, bread was not packed in plastic bags.
Appreciating the heavy financial and technical
burden on the government’s shoulders, the private sector and community
backed programmes hold the key to unlocking the commercial opportunities
behind the ban. The government should therefore create conducive
public private partnerships in this area for the private sector to weigh
in. Attracting foreign investors armed with financial muscle and
resources and experience in plastic waste recovery and management could
bridge the financing gap the government faces in its development
initiatives. Several avenues are available. Borrowing from Rwanda, tax
breaks incentives may encourage manufacturers of plastic bags to start
recycling. The incentive can also be extended to manufacturers of
alternative environment friendly carrier bags, currently a niche market
in Kenya following the ban. These manufacturers could equally be
beneficiaries of special economic zones (SEZ) type incentives, among
others, thus bringing down the costs of the alternative packaging
materials, reducing pollution by plastics and ultimately contributing to
growth of the economy and to reduction in pollution.
Conclusion
The ban on plastics in Kenya is a great leap
towards transforming the country into a plastic bag free economy. The
greater obligation, however, lies in managing the plastic waste
resulting from the exempted products and eradication of existing
pollution.
Article written by Waringa Njonjo, Partner and Kenneth Likoko, Lawyer, and Joy Kamau, Lawyer at MMAN Advocates.
Disclaimer: This article has been prepared for
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