INC-5 Non-Paper: Foundation Laid, but Stronger Revisions Needed for an Effective Treaty

Keyword: Global Plastics Treaty INC-5 Non-Paper

The Intergovernmental Negotiating Committee (INC-5) on the global plastics treaty has released the Chair’s Non-Paper, providing a foundational framework for addressing the plastic pollution crisis. While the document demonstrates progress in articulating broad objectives, experts and advocacy groups argue that it falls short of offering the robust measures needed to meet the treaty’s ambitious goals.

Gaps in the Non-Paper

The Chair’s Non-Paper serves as a working draft for discussions but has drawn criticism for its lack of enforceable commitments and precise language. Key concerns include:

1. Weak Language:
   The Non-Paper frequently uses non-committal terms such as “promote,” “encourage,” and “facilitate,” which dilute the enforceability of measures. Experts emphasize the need for stronger language, such as “require” or “mandate,” to ensure compliance and accountability.
2. Absence of Enforceable Mechanisms:
   To achieve meaningful progress, the treaty must include binding obligations, such as:
   • Caps on virgin plastic production.
   • Global bans on hazardous additives and single-use plastics.
   • Clear penalties for non-compliance.
   Without such mechanisms, the treaty risks becoming a non-binding framework with limited real-world impact.
3. Insufficient Focus on Transparency and Traceability:
   Transparency across the plastic life cycle, from production to disposal, is critical to tracking progress and addressing illegal practices. The Non-Paper currently lacks detailed provisions for:
   • Mandatory reporting on plastic production and trade.
   • Global traceability systems to monitor the movement of plastic materials and waste.

Recommendations for Strengthening the Treaty

To align the treaty with its ambitious goals, the following revisions are essential:

1. Stronger Commitments:
   • Clearly define reduction targets for virgin plastic production and use.
   • Mandate timelines for phasing out problematic plastics and transitioning to sustainable alternatives.
2. Binding Enforcement Mechanisms:
   • Establish an independent compliance body to monitor and enforce obligations.
   • Incorporate dispute resolution mechanisms to address violations effectively.
3. Transparency and Traceability Measures:
   • Implement global reporting standards for plastic production, usage, and disposal.
   • Require companies to disclose the chemical composition of plastics and ensure traceability throughout supply chains.
4. Support for Developing Nations:
   • Integrate provisions for financial and technical assistance to ensure equitable participation in treaty obligations.

The Road Ahead: Balancing Ambition with Feasibility

As negotiations progress, the Non-Paper must evolve to balance ambition with practicality. While the Chair’s draft provides a starting point, it must reflect the urgency of the plastic crisis by integrating stronger legal obligations, accountability frameworks, and systems for transparency.

The success of INC-5 lies in its ability to craft a treaty that not only addresses plastic pollution but also builds a pathway for sustainable, circular economies. Stakeholders, including nations, businesses, and civil society, must work collaboratively to revise the Non-Paper into a blueprint for decisive and transformative global action.

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