“Spoilers will do what spoilers must: derail, delay, distract and divide. Champions will do what champions must: command, collaborate & commit”
…No, this is not the lyrics of a new K-POP song, but rather the tunes of INC-5.
By Merrisa Naidoo, GAIA’s Africa Plastics Program Manager
The Beginning of the End of the Beginning – or so we thought!
Seven days. Sixty-three hours [enough time to produce 630 million plastic bottles]. One hundred and ninety-three countries and likely more than three thousand participants. Thirty-one articles in the Chair’s non-paper and countless opportunities to course correct the global plastic pollution crisis, in what was meant to be the fifth and final round of negotiations [INC-5] to develop an international legally binding instrument on plastic pollution, which took place from 25 November to 1 December 2024 in Busan, Republic of Korea.
While the world anticipated the unveiling of the first-ever plastics treaty designed to end plastic pollution, curb excessive plastic production, and eliminate the most harmful plastic chemicals and products; the obstructionist countries were out to play again, operating under the guise of the “so-called” spirit of compromise. However, this time was different from previous INCs, with more than 100 ambitious countries holding an ace up their sleeves, ready to strike back with a show of force!
Day 01 of INC-5 marked the 1000th day since the UNEA 5/14 mandate was passed. Starting on this note, the next 07 days of negotiations would shape history towards a plastics treaty that transcends high ambition and collective action. The plenary session dominated most of day 01, with an anticipated battle over consensus-based decision-making, by the like-minded group countries, including India, Russia, and the 22 Arab countries group that have been consistently derailing the negotiations. This time, the chair’s non-paper 3 [i.e. a discussion paper proposed by the INC Chair in an attempt to streamline the complexity of the official 74 page compiled treaty text] was the point of contention with calls based on low ambition mandates on the removal of any references to production reduction and chemicals of concern. Eventually, 169 countries forged ahead to support the non-paper as a starting point for negotiations with the caveat and option to strengthen the provisions, to include essential elements that safeguard reference to the compiled text and/or additions from Conference Room Papers [CRPs]. The countries that will co-chair the Legal Drafting Group to convert the treaty text into legal text were adopted on Day 01, Cameroon, Canada and Saudi Arabia.
The Start of Formal Talks: Negotiations Unfold Across Four Contact Groups
Formal negotiations finally kicked off that evening and proceeded within four Contact Groups [i.e. Contact Group 1: Plastic products, chemicals of concern as used in plastic products, product design, and production/supply and related aspects; Contact Group 2: Plastic waste management, emissions and releases, existing plastic pollution, including in the marine environment, and just transition; Contact Group 3: Finance, including the establishment of a financial mechanism, capacity building, technical assistance and technology transfer, and international cooperation; Contact Group 4: Implementation and compliance, national plans, reporting, monitoring of progress and effectiveness evaluation, information exchange, and awareness, education and research] over the next two days.
As the contact groups got to work, so did the blockers. In a return to the bad old days of earlier INCs, like-minded countries added brackets to text – “a risk of recompilation exercise on top of the non-paper.” However, it was not long before they were stopped dead in their tracks, and ambitious countries started playing a number game by introducing progressive Conference Room Papers, endorsed by Regional &/or Cross Regional Groupings to supplement and strengthen the chair’s non-paper.
Forty-three of the 54 African countries laid their cards face up, leading the charge by Rwanda in the calls for plastic production reduction in Contact Group 1, to which 103 countries later formulated into a Declaration on Primary Plastic Polymers. Rwanda and Ghana also joined hands with Canada, Georgia, Moldova, Norway, Switzerland and Thailand in proposing stringent measures on chemicals of concern in plastic products. This show of the African force permeated into Contact Group 3 on Treaty Finance, with the African Group of Negotiators together with GRULAC, Cook Islands, Fiji and Federated States of Micronesia holding the fort on an independent, dedicated fund to support the implementation of the treaty. This received the backing of at least 126 countries.
As the floodgates for text proposals opened, day 02 of INC-5 was met with a disappointing plot twist for observers and rightsholders who were closed off from the Contact Group discussions due to the inadequate logistical arrangements by UNEP. This was not the first time this has happened during the INC process. The rooms selected for key contact group sessions could only accommodate a maximum of 60 observers, representing a mere 3% of the UNEP registered observers attending INC-5. This exclusionary arrangement undermined the principles of transparency and inclusivity that, as the INC Chair continues to note, are essential components of procedural justice in the negotiations. This was also a stark contradiction to the words of a Korean MP, who described the 1900 observers at INC-5 as the “eyes of the world,” or the African Group of Negotiators that continue to fight for observers participation, for that matter.

Reigniting Hope: Juan Carlos Monterrey Gómez, The People’s Man
The fire in the heart of Panama’s Juan Carlos Monterrey Gómez reignited hope in observers & rights holders at the stocktaking plenary [31:35] at the end of Day 03. Eloquently, taking to the plenary floor, a clear message was sent, signalling urgency and ambition to member states and correcting the record for those that don’t believe production is part of the mandate to end plastic pollution.

“Production is part of the full lifecycle of plastics. Over the past 48 hours of negotiations, a staggering 3 billion plastic bottles have been produced, bottles that will further poison oceans, ecosystems and bodies. We are here because microplastics have been found in the placentas of women. We are literally raising a generation that starts its life polluted before even taking its first breath.”
Juan Carlos Monterrey Gómez
All of this while petrochemical producing states continued to “reserve” their rights to oppose any rules on plastic production and chemicals of concern.
To add more spice to the kimchi, the next two days were spent in informal consultations. These consultations were solely for Member states. It was exclusionary and lacked transparency, and not all states were consulted in equal breath by the INC Chair. The first round of informals produced the chair’s non-paper 4, which depicted an apparent show of the INC Chair playing favourites – catering to the few bad-faith countries and lobbyists in the room while excluding civil society, rights holders, and Global South countries’ leading ambition on the treaty. The chemical and petrochemical sectors are almost entirely responsible for corporate opposition to the UN Global Plastics Treaty, accounting for 93% of unsupportive statements and 20% of all engagement tracked on the treaty (InfluenceMap). Furthermore, not to any surprise, an analysis by the Center for International Environmental Law (CIEL) revealed 220 fossil fuel and chemical industry lobbyists are registered to participate at INC-5,the highest at any plastics treaty negotiations to date.
220 fossil fuel and chemical industry lobbyists are registered to participate at INC-5
CIEL, 2024

Time began to slip away from our hands, given the lack of resolution at the informals as the like minded group of oil and plastic producing countries continued to weaponise the consensus deadlock. Extra time started to look both likely and unlikely, with the possibility of penalties looming over. However, another demonstration of force by the ambitious states Hungary, Fiji, Panama, Federated States of Micronesia and France held a press conference late on Friday afternoon to address the importance of plastic production in the treaty. Panama’s Juan Monterrey brought the fire once again, urging other delegations “that have not moved a centimetre” to cross the bridge towards an agreement. “If they’re not willing to lead,” he said, “please leave, get out of the way.”
This boldness spoke volumes to the mantra CSO groups hold true to, which is: “A bad process never leads to a good outcome.” It was at this pivot in the negotiations that civil society reaffirmed their support to the notion of Member states being willing to walk away from a bad deal. As long as ambitious countries hold to their principles, civil society will have their backs.”


The Valour of Civil Society manifested multiple times throughout the course of INC-5.
- A petition was launched by Break Free from Plastics, Greenpeace and WWF and signed by almost three million people. It was delivered on Sunday to Rwanda Environment Management Authority Director-General Juliet Kabera and US Senator Jeff Merkley. The petition calls for a historic, legally binding, Global Plastics Treaty.
- Civil society organisations staged a silent protest outside BEXCO. The hundreds of participants called on members of the High Ambition Coalition to show courage and “not compromise under pressure exerted by a small group of low-ambition states.”
- The International Indigenous Peoples’ Forum on Plastics held a press briefing to raise the devastating impact of plastics on Indigenous lands. Almost all speakers expressed their disappointment with the Chair’s non-paper 4 for failing to recognise them as rights holders and excluding them from the decision-making process.
- At least 1,500 Marched in Busan, Demanding Cuts in Plastic Production as Global Treaty Talks Reach Final Stage.
- At least, 30 GAIA & BFFP African CSO Delegates from 13 African Countries participated at INC-5 [South Africa, Tanzania, Ghana, Egypt, Nigeria, Uganda, Kenya, Cameroon, Tunisia, Mauritius, Ethiopia, Senegal, DR Congo], working both inside and outside of the INCs increasing their capacity to advocate for progressive policies in their regions by working with their national governments and regional negotiating blocs and being recognised as key technical resource partners in the process.
- African youth took over Social Media, exposing the plastic pollution & petrochemical problem and exposing the risks of the plastics crisis.
- GAIA Africa mobilised 53 African journalists on what to expect & accurately report at INC-5.
- Global South delegates & Civil society spoke out at a press briefing.
- Every day for 7 days, the GAIA Africa team continued to keep the public updated on the latest INC5 developments. See https://www.instagram.com/africaforzerowaste/ and https://www.facebook.com/ZeroWasteAfrica.
- GAIA & BFFP Africa members from Ghana, Ethiopia, Nigeria & Kenya positioned themselves as experts in several informal side-events at INC-5. From addressing innovative pathways towards ending plastic pollution, to the influence of the petrochemical industry in negotiation discussions, to sharing experiences and lessons learned on the ground, to using theatre to spotlight the ongoing negotiations, showcasing reuse solutions in Africa and hosting a roundtable with the African Group of Negotiators.
- GAIA Africa together with its members in attendance at INC-5, successfully hosted a full house of African Negotiators for a Reception Dinner that celebrated and appreciated Africa’s unwavering commitment, achievements, and collective strength in addressing the pressing issue of plastic pollution.
So where to from here?
As many of us had expected, the gulf (pardon the pun) between the petrostates and everyone else on key provisions in the treaty was simply too great to be bridged in just seven days. It became clear to everyone at BEXCO on Sunday morning that a deal was not going to happen. The INC Chair distributed yet another draft text around midday on Sunday, but it remained riddled with brackets—371 to be exact—in a 22-page document. Or roughly 17 sets of brackets per page. The informal meetings between members, which had continued late into Saturday night, had clearly failed to deliver any tangible movement on the key issues. The closing plenary finally began around 9 pm and continued until well after 3 am, by the end, the INC Chair had said that everything was still up for negotiation. Here, we were expecting the lyrics of BTS, but got the tunes of BS once again.”
The “Show of Force” made one more final appearance as the curtains came down on INC-5. Juliet Kabera of Rwanda read a statement [The Stand Up for Ambition Statement] on behalf of over 85 countries emphasising their shared commitment to a legally binding treaty enshrining reduction targets, phase-out of harmful chemicals, a just transition, and an equitable financial mechanism, bringing 90% of the plenary to their feet for an ambitious treaty. This was further underlined by an intervention from Camila Zepeda of Mexico, who read out the list of 94 countries that demand strong action on chemicals of concern.
Whilst courage prevailed, what we have now is a chair’s text which is now a mandated text that will form part of the official negotiations for the resumed session of INC 5.2. The Chair’s text keeps production reduction on the table, but is also littered with concessions to petrochemical states instead of honouring the will of the vast majority of Member States and civil society calling for an ambitious treaty. Without decisive action, there is a strong probability that the same petro-state minority will continue their obstructionist tactics and further imperil the plastics treaty process.
Urgency has never cared about time, and time is not on our side. As we move from one text version to the next, plastics continue to invade and poison our people, our planet and our children!
GAIA and BFFP Africa will continue to prioritise a global production reduction target aligned with national obligations [phasedown until eventual phaseout], a Just Transition that guarantees the rights of waste pickers to equal opportunities and better working conditions, elimination of the most harmful plastic chemicals and a dedicated standalone multilateral fund to ensure compliance and implementation. Health, Human Rights and Just Transition must be central, cross-cutting and embedded in every treaty provision. Additionally, an insurmountable effort is needed to break the deadlock of consensus and ensure the right to a vote is retained at the Treaty COPs, together with maintaining language that validates the above provisions under the treaty are obligatory and legally binding and not left up to nationally determined circumstances and capabilities.
It’s Time to Break Free From Brackets & Consensus and give the World a Plastics Treaty!!!
ENDS.