From November 25th to the early morning hours of December 2nd, more than 4,000 representatives from around the world, including Rights-holders and civil society participants, attended the fifth — and what was supposed to be the final — round of the United Nations global plastics treaty negotiations in the Republic of Korea (INC-5). The goal of the negotiations was to finalize a legally binding agreement to tackle the urgent environmental and health impacts of the plastic pollution crisis.
Aamjiwnaang First Nation attended INC-5 with Ecojustice, along with united frontline communities, Indigenous Peoples, waste pickers, and other environmental justice groups to push for an ambitious treaty that tackles the full lifecycle of plastic. Both Aamjiwnaang First Nation and Ecojustice also attended the previous round of negotiations (INC-4) in Ottawa earlier this year.
What does an ambitious plastics treaty include?
Leading up to and during INC-5, we advocated for the inclusion of key provisions in the plastics treaty, including:
- Respect for Indigenous Rights (including as articulated in the United Nations Declaration on the Rights of Indigenous Peoples), human rights and human health;
- Upstream measures, including a global plastic production reduction target to address the root source of the plastic pollution crisis; and,
- Measures to restrict and eliminate chemicals of concern in plastics and problematic plastic products.
Plastic pollution disproportionately impacts Indigenous communities, including Aamjiwnaang First Nation
Aamjiwnaang First Nation has experienced the first-hand, disproportionate impacts of plastic pollution. Dangerously high air pollution levels are a reality that Aamjiwnaang has lived with every day for decades. Their community is located near Sarnia, Ontario. The large concentration of petrochemical and industrial facilities around the community has earned the area its grim nickname, Chemical Valley.
While the talks unfolded at INC-4 in Ottawa earlier this year, the community of Aamjiwnaang First Nation was forced to declare a State of Emergency. Dangerous levels of benzene, a cancer-causing chemical used in the production of plastic, caused community members to fall ill and sent some to hospital.
Aamjiwnaang advocacy at INC-4 makes a big impact despite Indigenous Peoples being excluded from formal negotiations
The INC process fails to include Indigenous Peoples as participants in the formal negotiations even though they are Sovereign Rights-holders who are disproportionately impacted by plastic pollution. Rather, they are relegated to “observer” status, similar to that of civil society participants. That means they are generally not permitted to speak during formal negotiations or have a voice at the negotiation table. The only opportunity available is to provide a strict two- minute “intervention” during plenary negotiations, but such opportunities are extremely limited and only granted at the discretion of the INC Chair.
Chief Janelle Nahmabin was able to secure one of those limited two-minute interventions during INC-4 and gave a powerful speech on the plenary floor outlining the impacts of plastic production on her Nation’s territory and calling for leadership from Canada in addressing those impacts. Chief Nahmabin, Councillor CJ Smith-White and the Nation’s Environment Co-ordinator Lynn Rosales also participated in press conferences, rallies and speaking events outside of the formal INC process, demonstrating their leadership in fighting plastic pollution on the international stage.
Aamjiwnaang’s efforts during INC-4, along with an associated campaign supported by allied organizations, led to measures being taken by the Ontario and federal governments to address the impacts of one of the facilities polluting their territories by emitting and leaking cancer-causing Beneze: the INEOS Styrolution facility. You can learn more about Aamjiwnaang’s advocacy at INC-4 and its impacts here.
While the Styrolution facility shutting down was an important win for the community, more urgent, systemic action is needed to ensure long-term protection from benzene and other harmful pollutants from plastic production. A global plastics treaty could play an important role in enabling those efforts — a message Aamjiwnaang Council CJ Smith-White shared at INC-5.
Advocacy at INC-5: Indigenous voices send a powerful message
Aamjiwnaang continued their advocacy at INC-5, which kicked off with a rally where frontline communities, Indigenous Peoples, waste pickers, and environmental justice groups were united in their call for an ambitious global treaty that tackles the full lifecycle of plastic. Councillor CJ Smith-White helped lead the march around the building where the negotiations were being held.
One of the most impactful moments of the negotiations is when Indigenous Peoples stood up on the plenary floor and demanded that their voices be heard. They called on the INC Chair to let an Elder speak to address the delegations from around the world. While the request was first ignored and then rejected, they held their ground and repeated this request for many minutes, reminding the Chair that they are Rights-holders and Sovereign peoples who must be allowed to speak.
Finally, the Chair agreed and gave Elder Lisa Ballinger two minutes to make a powerful speech calling for recognition of the rights of Indigenous Peoples and their full participation in the treaty process. Dozens of other Rights-holders and allies stood in solidarity as she spoke.
Another powerful moment took place outside the formal negotiation during a press conference hosted by the International Indigenous Peoples Forum on Plastics. The speakers delivered impactful remarks highlighting the disproportionate impacts of plastics pollution on frontline Indigenous communities.
During his speech, Aamjiwnaang Councillor CJ Smith-White called on governments from around the world to finalize a strong and binding treaty that addresses the full life cycle of plastics, including reducing plastic production. He made it clear that plastic production is a key source of pollution impacting his Nation that must be addressed.
Despite not having a seat at the negotiation table, throughout INC-5 Aamjiwnaang First Nation, alongside other Indigenous leaders, sent a strong message to the Canadian government and the international community: as Sovereign Rights-holders and communities on the frontlines of the plastics pollution crisis, Indigenous Peoples must be included as equal partners in shaping the global plastics treaty. Their rights must be centered and embedded in every part of the treaty in order to meaningfully address health and environmental injustices at all stages of the plastics life-cycle.
Progress obstructed by oil-producing nation and industry lobbyists
Despite repeated calls for real action from high-ambition countries, Indigenous Peoples, and civil society groups, little progress was made during the last round of negotiations.
Who do we have to thank for the lack of progress? Oil-producing nations, including Saudi Arabia, Iran, and Russia, who continued to delay and obstruct progress on effective measures to rein in plastic production and use.
These delegations were also backed by fossil and petrochemical lobbyists who continue to have an outsized influence on the negotiations. With more than 220 of the 4,000 attendees at INC-5 being industry lobbyists —they outnumbered the delegations from the European Union and the Latin American and Caribbean region respectively.
A growing number of countries, including Canada, demonstrate support for ambition. More than 100 member states supported a framework to reduce plastic production around the world and 94 signed on to language to eliminate toxic chemicals and problematic plastic products. This is a significant step forward in the negotiations, demonstrating that momentum is growing to address plastic pollution at its source and protect Indigenous and frontline communities, human health, and the environment.
Canada also demonstrated leadership by speaking in favour of recognizing the rights of Indigenous Peoples and including a reference to the United Nations Declaration on the Rights of Indigenous People (UNDRIP).
The power of the people, Rights-holders and civil society help build momentum for ambition and courage
The growing momentum witnessed at INC-5 is due, in no small part, to the tireless advocacy of Indigenous Peoples, frontline communities and workers, and civil society groups, reflected in a joint statement signed by a broad coalition of participants calling for “courage, not compromise” from the delegations and by gathering together for an impromptu rally mid-way through the negotiations.
While we are disappointed that a treaty wasn’t finalized at INC-5, the leadership of these groups ensured that a few countries – backed by the fossil fuel industry – didn’t secure a treaty that perpetuates plastic pollution and injustice. The negotiations demonstrated, yet again, the power of people and community. We left the Republic of Korea inspired by the leadership of Indigenous Peoples and frontline communities and workers in continually advocating for the binding treaty that we — and the planet — desperately need to step the growing tide of plastic pollution.
We will continue to stand up for ambition at INC-5.2 and at home
Despite the process not yet resulting in a finalized treaty the fight is not over. Another round of negotiations will be required; we anticipate an “INC-5.2” within the next six months. Now more than ever we need Canada to continue to show leadership, both in these negotiations and in their domestic efforts.
We also need them to advocate for Indigenous Peoples and their Rights under UNDRIP to be reflected not just in the treaty text, but in how the negotiations process moves forward. That means advocating for their participation in the negotiation process as Rights-holders and Sovereign Peoples.
We will continue our advocacy alongside those most impacted by plastic pollution — including Aamjiwnaang First Nation — to ensure Canada continues to stand up for ambition at INC-5.2 and pushes back against the efforts of low ambition countries and industry lobbyists to ensure a plastics treaty is finalized that will protect people and the planet.
We will also continue to push Canada to take meaningful action at home in response to the demands for justice from impacted communities in the fight against plastic pollution. Want to join the fight? By taking action today, you can help hold governments accountable and act for environmental justice in Aamjiwnaang.
