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Forest for Thieves: Why Illegal Harvesting of South Sudanese Teak Leaves Nothing for the People

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The European Union Timber Regulation of 2013 has proved ineffectual and it is still easy to ship illegally harvested teak, “the king of woods”, from South Sudan to Europe via India.

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Forest for Thieves: Why Illegal Harvesting of South Sudanese Teak Leaves Nothing for the People
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In front of the entrance of the Rivièra Maison furniture store in Utrecht stand two low garden tables made of teak. On sale, says the saleswoman, because the next season is already coming up. Where does the wood come from? “Oops,” she replies, “that is an unusual question.” She goes to the computer inside the shop and comes back out radiantly: “These tables are from India!” That sounds likely, because since 2013 exports of furniture from India to the Netherlands have quadrupled. Just like Rivièra Maison, a large chain with a hundred sales points in the Netherlands and six hundred worldwide, dozens of other Dutch companies source their teak products from India. While the country itself produces only a limited amount of teak, India is the world’s largest exporter of teak products.

In order to meet the enormous demand, India is importing more and more wood from other countries for processing into “Indian” furniture or other objects. Teak is a popular wood but difficult to obtain and whenever a fertile source of teak is restricted by international regulations, such as virgin forests in Thailand and Myanmar, India shifts its focus to new suppliers.

Today, much of the teak in India actually comes from the young East African state of South Sudan, a country where the trade in timber is barely regulated. South Sudanese wood is not prohibited on the European market, but the seller must be able to prove that it comes from a legal source. The chance of that happening is small: 90 per cent of South Sudanese logging is illegal. Any wood that reaches European stores is therefore almost always illegal.

The citizens of poverty-stricken South Sudan are excluded from the timber trade which is dominated by foreign companies whose little domestic revenues go into the pockets of corrupt politicians and rebels who until 2020 used it to finance a destructive internal war. Using trade data, social media forums and discussions with importers, we followed the potential route that looted South Sudanese timber takes to Europe via India. We pretended to be traders and proposed one illegal deal after another, often on the basis of forged documents. Despite the introduction of the European Timber Act in 2013, which should have ended the sale of illegally harvested timber, it still appears to be easy to get illegal timber onto the Dutch market.

“Sir we get the supply from Sudan. The certificate of origin we can make Uganda, Congo or whatever you want”, responds our contact from Pratham Exim Solutions when we approach him in a Facebook group and present the strict European guidelines. “We pay some money to an official and get the origin papers we want.” We can choose from five East African countries of origin: Uganda, Congo, Tanzania, Burundi or Rwanda. Of those, only Congo and Tanzania actually have teak plantations.

Various Facebook groups show how India gets its teak. Timber traders, mainly from India, offer large quantities of teak of dubious origin. Posing as traders, we ask if someone can deliver timber from South Sudan to the Netherlands. Someone can. “We get teak from Sudan that comes via Uganda, where we fill the containers in Kampala before it leaves for the port of Mombasa. From there we ship it to India or another country,” says the owner of Pratham Exim Solutions when asked which route the wood will take on its way to Europe.

At our request, he draws up a plan to ship our consignment of wood first to India, and from there to Rotterdam. India, which also has teak plantations, is in principle a legitimate country of origin. “We have good contacts at the Indian Chamber of Commerce, so the papers are not a problem,” assures the merchant. The chat provides evidence of forged labels of origin and a detailed plan to sell wood from South Sudan via India as wood from India. We cut off the conversation just before closing the deal.

Export data of timber consignments from East Africa to India for 2019 shows more than a hundred companies that demonstrably ship South Sudanese teak to India. We bought this data from the Seair, an Indian company that collects import and export data at Indian customs. It concerns five hundred teak shipments totaling twenty thousand cubic meters, with an official value of twelve million euros – not including the inevitable bribes. We also count another 120 parties from Kenya and Uganda that most likely also come from South Sudan. South Sudan itself does not issue labels of origin because the timber market is not yet nationally regulated: as soon as a South Sudanese party enters a timber market in the nearby Ugandan capital of Kampala, the freight becomes “Ugandan”. A number of these companies also say they do business with Europe.

Our data is just the tip of the iceberg. According to calculations by the American research firm C4ADS, more than 100,000 tons of teak from South Sudan go on the world market every year. Teak, “the king of woods,” is native to Southeast Asia and is particularly popular in the boat building and furniture industries because of its weather resistance and “stability”, as traders call it. The limited and more selective logging in primary forests in recent decades has driven up the price.

While luxury yacht builders continue to prefer “primal teak”, plantation wood from Africa is an inexpensive alternative for furniture builders. South Sudan has the largest and oldest teak plantations in Africa: they were planted in the 1940s and are now “ripe” for felling. Usually, plantation teak is relatively well regulated, but this is not the case in South Sudan. The United Nations reports that there are virtually no legal logging concessions, not even for large companies, and that there is no supervision. In addition, replanting trees is a prerequisite for felling in regulated plantations but this does not happen in South Sudan.

South Sudan itself does not issue labels of origin because the timber market is not yet nationally regulated.

Besides oil, teak is the young state’s most valuable raw material, were it not for the fact that the lion’s share of the logging takes place below the radar of the tax authorities. According to the UN, the country could generate at least US$50 million in tax revenues from the timber sector annually. In reality, only one to two million comes in.

On the Internet, the trade in Sudanese timber is less disguised. There are photos of traders proudly posing next to packed containers on Facebook. “Good Sudan prices” is the caption. Pixelated number plates reveal the Ugandan heritage of the individuals. Kenyan journalist John-Allan Namu went undercover to investigate the South Sudanese timber market for his documentary series The Profiteers in 2018. Namu shows how illegally felled teak from South Sudan is mixed with teak from some legal concessions in surrounding regions at a timber market in the Ugandan capital Kampala—the most common method used to conceal the origin of the wood according to Interpol. The fully loaded containers leave Kampala for their next destination, the Kenyan port city of Mombasa, where they are hoisted onto cargo ships. An estimated 73 per cent of South Sudanese teak ends up in India, where it is cut or processed into furniture.

“South Sudan has only existed since 2011 and has had little time and capacity to regulate the timber market,” Namu said from his office in Nairobi. “The market is largely in the hands of foreign companies who pay generous bribes to government officials and rebels who protect loggers.” The money has been used to finance a civil war since 2013, Namu said. That ethnic conflict between the two largest populations in the country came to an end in early 2020 yet there is still fighting in some regions. The population is very poor and the government is among the most corrupt in the world.

Somewhere in the Lopik industrial area of Utrecht in the Netherlands the smell of wet wood is in the air. Wet angelim vermelho, a tropical wood, gives off a sweet-sour scent. Ipe, itauba, massaranduba and twenty other tropical woods are also cut here. But teak is missing. “If you trade in it, you just have blood on your hands,” says timber merchant Albert Oudenaarden. Oudenaarden is the director of Van den Berg Hardhout, a wholesaler who only trades in wood that has been certified by the FSC (Forest Stewardship Council) as sustainable. He can trace every plank of wood in his timber yard to a specific place in the jungle.

Oudenaarden can talk for hours about the importance of wood and the controlled felling of trees which creates space in the jungle and is good for biodiversity if done right. Never remove too much in one place, cut safely and in a controlled manner, do not go into the forest with big trucks, leave important places for animals and the local population alone. His dream? To have only sustainably harvested wood on the Dutch market. Since 2013, however, he has seen the demand for his sustainable wood stagnate. This is a bitter consequence of the new European wood law. “Many companies are increasingly ignoring FSC. The law is intended to combat illegal logging, but whether it does so, I have my doubts about it. In any case, legality says nothing at all about the sustainability of a party.”

South Sudan has the largest and oldest teak plantations in Africa: they were planted in the 1940s and are now “ripe” for cutting.

According to Oudenaarden, the law takes the wind out of the sails of sustainable wood. Furniture makers confirm this. “Such a label only costs money. The products comply with the wood law, so it is good, right?”

The European Union introduced the European Union Timber Regulation in 2013. Anyone who puts wood products on the market must research the entire trade chain and take measures to stem illegality in the chain. An authority has been designated in every European country to supervise the timber trade. Years of lobbying by environmental organisations preceded the introduction of the European Timber Regulation but seven years after its introduction, the scheme has turned out to be much less effective than hoped.

First of all, there are the exceptions: a multitude of products such as chairs, wooden coffins and musical instruments are not covered by the regulation. A teak garden chair made from legal, illegal or wood of unclear origin does not contravene the law. A second weakness is the susceptibility to fraud. Anyone who imports products that do comply with the regulation – table tops, cabinets, whole tree trunks – must have a lot of documents proving the exact, legal origin of the wood.

But that is only a “paper reality” says timber merchant Oudenaarden. You can say anything in documents. Indeed, we easily find a fictitious label of origin from the Indian Chamber of Commerce. Tampering with labels is common practice in the international timber market. Previous research shows, for example, that illegal coniferous wood from the Ukrainian Carpathians ended up in the Netherlands with false papers in 2016, and wood from Latin America and Southeast Asia is also “laundered” more than once.

Third is the weak control over this fraud, including in the Netherlands. Because the Timber Act does not regulate the import but only the marketing of timber, the Food and Consumer Product Safety Authority (NVWA) is the supervisory authority in the Netherlands. The body makes company visits based on risk indicators such as the country of origin, product type or processing country. According to critics, that role should have been assigned to customs. “The border is the only place where you can really say something about the origin of wood,” says Peter Hartog, head of the environmental team of the Rotterdam police. “Once in the warehouse of a company, it is impossible to say whether that one pile of paper actually belongs to that one wood lot.”

The country could generate at least US$50 million in tax revenues from the timber sector annually.

“You better be an environmental criminal than a drug trafficker,” says Hartog in his office in Hoogvliet, where the depot houses confiscated snakeskins and swordfish. “Equally high earnings, minimal chance of being caught, low penalties,” he sums up. Since 2006, Hartog has completed five investigations into the illegal timber trade. There should and could have been more if the work was less international in character and the capacity of supervisory authorities somewhat higher.

The Netherlands has one of the five largest timber ports in Europe. Customs, which check for taxes and CITES – a list of internationally protected flora and fauna – has to deal with 75,000 containers of wood entering the port of Rotterdam every year, and the NVWA must supervise at least 5,000 traders. Other matters are also given higher priority in the investigation by the police. “Then calculate the chance of being caught,” says Hartog.

The European Union is only as strong as its weakest link. Under the Timber Act, only the first trader to place a prohibited batch on the market is punishable. And there are quite a few weak links, the European Commission concluded in an evaluation of the law in 2016. Most countries made far too few human and financial resources available, “which makes the deterrent effect of the enforcement activities rather limited”. Dutch customs acknowledges that they only employ a few people who can distinguish one type of wood from another, and two inspectors work at the NVWA.

In 2017, the authority imposed a conditional fine of 20,000 euros per imported cubic meter on the Boogaerdt company for illegally marketing teak from Myanmar. This is one of the few cases dealt with by the NVWA in recent years. Despite the fine, Royal Deck in Livorno, another company owned by the Boogaerdt family, still imports from Myanmar. A video that was until recently posted on the company’s website shows large shipments of timber in the port of the Asian country, and proudly advertises the timber’s provenance.

Myanmar is a notoriously high-risk country when it comes to the origin of wood. The Netherlands has blacklisted it because it is impossible to distinguish illegally from legally obtained timber in the country due to fraud. Yet it is openly sold in several places in the Netherlands. The fact that wood from forbidden countries of origin still ends up in Europe also illustrates the ease with which teak of more diffuse origin – such as South Sudan – can land in Europe.

Traditional East Asian countries of origin are increasingly restricting the export of teak. India, a country with a strong woodworking culture but too little wood of its own, drew its shortages from the jungles of Myanmar until 2014 when that country was issued an international export ban due to the widespread corruption and illegal logging involved in the sector. Indian merchants have since been importing from East Africa. A simple calculation explains the fraud: Indian forests today can only meet 5 per cent of the demand annually. The rest is imported from Africa and Latin America. Ninety per cent of the supply from East Africa comes from South Sudan. According to Indian sources, it cannot be determined where the wood on the Indian market was harvested. When asked where they get their wood from, Indian teak suppliers are curt: “We don’t do that business.” Or they hang up the phone.

 An estimated 73 per cent of South Sudanese teak ends up in India where it is cut or processed into furniture.

Since 2013, Indian exports to the Netherlands have quadrupled. Some of the teak products arrive in the Netherlands through the Alibaba online store. Some of the companies we approach openly admit that they source their teak from East African countries such as South Sudan to market them on the European market as a “product of India”. “We deliver to Europe by land, air or sea. Never had any problems with it, “says Saurabh Gupta of the Indian company Medieval Edge.

In data on the trade flows between India, the Netherlands and Belgium, we find 161 consignments of teak products that were exported from India to the Low Countries between September 2018 and September 2020. Sometimes these are orders from private individuals, or products not intended for further sale: a large elephant, wooden horses for the furnishing of a pharmacy – “a teak temple for the home” bought at the beginning of the COVID-19 crisis. Three quarters go to furniture chains and wholesalers who sell them on to local retailers.

Rivièra Maison’s  furniture buyer Gideon Manger does not want to believe his saleswoman’s answer. He must have provided incorrect information: “I would never import teak from India. We only work with certified wood from Indonesia. We think that is very important.” To reinforce his story, he sends a screenshot of a certificate from the factory in Indonesia.

That remains to be seen though. In export data, we see fourteen orders – making up a total of almost twelve hundred products made of teak and mango wood – from Rivièra Maison to a company in Moradabad, a city east of Delhi. Teak from India, and therefore of unclear origin. In an official response, Rivièra Maison says that the products ordered in India, although made of teak, are exempted by the European wood law and can therefore still be sold.

The furniture store is certainly not the only one that purchases in India. For example, furniture wholesaler Hazenkamp also sells teak products: wine racks, coffee tables, clocks and lanterns. Where does that come from? “Yes, it will all be India, it is produced there. I dare not say where the wood comes from. Yes, I think it comes from India.” But isn’t he legally obliged to investigate? The employee ends the conversation.

“Better to be an environmental criminal than a drug trafficker. Equally high earnings, minimal chance of being caught, low penalties”

The NVWA is aware of the existence of South Sudanese teak, the service says, but has not found it on the Dutch market in the past five years. According to the authority, most of the inspected companies have the correct documents, but she admits that this does not say everything. A report by Deloitte on behalf of Agriculture Minister Carola Schouten shows that the NVWA does indeed miss the big picture: it only carries out 50 wood inspections per year, often at the same companies. “It is first and foremost up to the business community itself to comply with the rules,” the NVWA said in a response. “After all, it is in everyone’s interest to combat illegal deforestation.”

Nyarayek Moboic recently graduated from the University of Amsterdam as a lawyer and is determined to do something for her native country. She views the logging in South Sudan with sorrow. She fled the civil war in her country with her family in the 1990s. Relatives who have stayed in South Sudan see one loaded truck after another driving out of the jungle.

Indonesia introduced its own quality marks more than ten years ago and obliged exporters to process logged wood in the country first to maintain employment. Moboic has something like that in mind. She hopes to acquire a legal logging concession in the country so that her enterprising cousin can make furniture out of it to ship in a direct line to the Netherlands. “Unique furniture with local influences. But for people like my cousin, it is difficult to get teak. The only option is to buy it from foreigners while it grows in their country. The wood leaves South Sudan. Nothing is left for the Sudanese themselves.”

In collaboration with journalist Ankita Anand, this article is part of the Money Trail project supported by the Nationale Postcode Loterij.

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Romy van der Burgh (@BurghRomy) is an investigative freelance journalist. Linda van der Pol (@lindapolski) is a cultural historian and a freelance journalist based in The Netherlands.

Politics

The Myth That Is Plastic Waste Recycling in Kenya

The quantities of recycled plastic in Kenya remain insignificant, but the long-term ecological cost of disposing plastic waste in the environment will be immeasurable.

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The Myth That Is Plastic Waste Recycling in Kenya
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One aspect of modern Kenyan urban living that takes getting used to are the regular, well-timed garbage collection days. Miss your day and you will have to keep the trash a week longer awaiting the next collection date when the beaten-up lorries full of garbage labour through city estates in mid-morning collecting the waste produced by city dwellers.

Should you find yourself in the central business district at around midnight, you may run into these rickety trucks collecting food waste from city restaurants, discarded cartons from offices, and empty drink cans from the city’s clubs that they ferry to the few landfills scattered around the city.

The barely roadworthy trucks are part of the more than 205 lorries working at the city’s many collection points in a hectic bid to keep Nairobi County hygienic. So profitable is the waste collection business that private contractors and cartels have infiltrated the trade.

In Nairobi alone, the county’s garbage collection service is complemented by nearly 150 private sector waste operators who also serve this city of over 4 million residents. Private investments have done a lot but not nearly enough to address the garbage crisis that plagues Kenya’s towns and cities.

Kenya’s urban households produce the bulk of the country’s solid waste, including a major share of the estimated 24 million plastic bags that are used and discarded every month. A significant portion of the plastic waste ends up in dumpsites alongside scrap metal, paper materials, glassware, and medical and toxic waste. Plastic waste constitutes a significant portion of this trash, and poses the biggest challenge to solid waste management in Kenya.

According to the International Union for Conservation of Nature (IUCN), 73 per cent of all plastic waste generated in Kenya goes uncollected. The National Environment Management Authority (NEMA) reports that between 2 and 8 per cent of the plastic waste is recycled while the rest is disposed of at dumpsites such as Dandora and Ruai in Nairobi, Kachok in Kisumu, and Kibarani at the coast. In Mombasa alone, some 3.7 kilogrammes of per capita plastic waste end up in the ocean, contributing to the 1,300 billion pieces of plastic that find their way into the Indian Ocean every year. Experts estimate that there will be more plastic than fish species in all the oceans globally by 2025.

Kenya banned plastic carrier bags in 2017, at the same time that the United Nations Environment Programme was launching the Clean Seas campaign to reduce marine litter. From June 2020, visitors entering game reserves, forests, beaches, protected areas and conservancies are no longer allowed to carry plastic water bottles, cups, cutlery, plates, drinking straws, and packaging within the protected areas.

On the production end, there are industry-led plastics initiatives such as the Kenya Plastic Action Plan and the creation of the Kenya Extended Producer Responsibility Organization (KEPRO), whose mandate is to ensure that plastics are mapped, ferried, sorted, and where possible, put back into circulation. Given the low garbage collection rates, and the even lower sorting rates, recycling has been misleadingly touted as the key to managing plastic waste.

For context, the cumulative global plastic waste produced since 1950 is estimated at 8.3 billion tonnes — half of which was produced in the last 13 years alone — at an average of 300 million tonnes annually.

In Kenya recycling doesn’t work    

Recycling has its limitations. Despite being cited as a major solution to the problem of plastic waste, a solution that has been taken up by 34 of the 54 African states,  numerous reports have proven that it costs more to recycle than to dispose of the waste. That of course begs the question: costlier for whom?

While disposing plastic is cheaper than recycling, the long-term ecological cost to Kenyans living close to landfills and downstream is provably much higher. Kenyan plastic manufacturers are in the business for profit and, for the most part, recycling does not offer them value for money.

According to Kenya’s PET plastic industry’s joint self-regulation effort, once plastic waste enters the recycling conveyer, it is assembled and packed into bales that are sold as industrial goods and sent to the dozens of recycling plants around the country to be sorted by quality, industrial variety, texture and colour. The waste is then shredded, sanitized, melted down, and moulded into smaller, smoother plastic pellets.

These pellets, known as nurdles, are bought and once again melted down and fashioned into other plastic products, ready for re-use by industries. This form of recycling is the optimal pathway for plastic waste, but it rarely is feasible. Recycling plastic waste is a lengthy and costly process that is avoided by many plastic producers.

To put it in context, less than 45 per cent of Nairobi’s overall waste is recycled, most of it undergoing what is referred to as down-cycling, open recycling, or cascaded recycling.

Cascaded recycling refers to the process of using recycled plastic waste to make an item of a lower quality than the original product. These items typically have reduced recycling potential, which destines them for the landfill after use. Models of cascaded recycling in Kenya’s informal settlements therefore turn the triangular recycling loop into a one-way direction to an incinerator or landfill.

Recycling plastic waste is a lengthy and costly process that is avoided by many plastic producers.

Global research led by plastics expert Dr Roland Geyer claims that only 9 per cent of all the plastic waste ever produced has been recycled. Kenya’s cascaded recycling rates are harder to quantify but an authoritative plastics report states that only 14 per cent of global plastic packaging waste was collected for recycling in 2013. Only 8 per cent of that amount was down-cycled, of which 4 per cent atrophied during the process while only 2 per cent was recycled into a product of equal or higher value.

Even locally, recycling plastic is a costly process and sorting it, many experts assert, is unfeasible, which means that there is no way out when dealing with plastic waste other than banning the production and use of plastics.

Kenya and the global dumping of plastic waste 

The non-feasibility of recycling plastic waste has been an open secret among plastics industry insiders since as far back as the 1970s. As early as 1973, senior executives of plastics multinationals had already ruled out plastic waste recycling on a large scale. Instead, these multinationals paid for misleading big-budget advertisements extolling the virtues of plastic products, and lying about the ease with which plastics could be recycled for other uses, while also placing the responsibility of recycling or disposing plastic waste on the end-user. However, the mounds of plastic waste that are now an eyesore in many urban areas belie the claim that recycling is the solution.

Old industry memos and library archives show that as far back as the mid-1980s Kenyan scholars like Kamau Hezron Mwangi had begun to call for a serious look into the efficacy of recycling  while, in the mid-1990s, researcher Dr J.N. Muthotho and his team demanded for greater research across specific plastic products supply chains. The growing concerns linked to plastic products, their quality, disposability and the economics of the industry paint an image of an industry that has always been well aware of the problems caused by plastic waste but has lacked the motivation to address the issue. In an increasingly consumerist society, plastic has continued to be affordable, readily available, cheap, convenient, and yet very difficult to dispose of.

Ending Kenya’s relationship with plastic

A radical behavioural shift by producers, packaging firms and end-users is required in order to rid the Kenyan environment of plastic pollution. The ban on plastic carrier bags has had an estimated 80 per cent efficacy rate. Industry insiders including manufacturers and distributors now say that the ban should be extended to disposable tableware, plastic straws, plates and cutlery.

The mounds of plastic waste that are now an eyesore in many urban areas belie the claim that recycling is the solution.

This, the stakeholders say, will reduce the amount of single-use plastic in landfills, reduce waste, minimize animal deaths, improve human safety, and save our water systems. However, a concerted effort is needed to ban single-use plastic bottles, plastic straws, and plastic packaging and replace them with organic, biodegradable plastic (BDP) alternatives.

Most BDP products in the Kenyan market are made of thermoplastic starch that uses a polyester similar in material strength to plastic. Currently there is only one manufacturer in the country. However, researchers are coming closer to finding organic alternatives to plastics.

Reimagining a post-plastic country

In Kenya, the stakeholders have to begin to reimagine new models of ridding the country of plastic waste in the everyday life and habits of Kenyan citizens. Nairobi and its environs alone is estimated to produce between 2,400 and 3,000 tonnes of general waste every single day, an estimated 20 per cent of which is plastic waste.

“People don’t want to stop using plastic. It is cheap and easy to use so I understand why people like [it]”, says Kinuthia, an unlicensed collector in Uthiru.

A consumer culture that creates an ever-increasing demand and use of plastic products ought to be overhauled, reimagined, and refashioned.

Even within economic circles, the focus on GDP as a measure of economic progress while ignoring the social, ecological and cultural impacts is increasingly frowned upon. As far back as the late 1980s, the World Bank President Barber Conable recognised that the ecological cost of economic production has to be accounted for. “Current calculations ignore the degradation of the natural-resource base and view the sales of nonrenewable resources entirely as income . . . A better way must be found.” he wrote.

Kenya’s plastic producers and importers have to begin to consider how to shift the society away from plastic products and integrate the alternatives in the marketplace. Kenyans have the opportunity to have a national conversation around local plastic producers and importers, if we are to work effectively towards phasing out all plastic products sold in the market.

With imports valued at an estimated US$883 million, Kenya’s plastics sector has a critical duty to phase out plastic products so as to, at the very least, ensure that the end-user does not have to choose between affordability, disposability, and sustainability of the packaging when making a purchasing decision.

The plastic waste crisis calls for Kenyans to design products with their life cycle and their end in mind at the outset. Therefore, designing products with their utility and disposal in mind is critical. For example, utilizing snap-together parts in appliances minimizes the use of screws, making the end product easier to disassemble, recover, and recycle at the end. This evolution in design proactively shapes the journey of a product in order to ensure that as much material as possible is recycled back into the production conveyer.

Even within economic circles, the focus on GDP as a measure of economic progress while ignoring the social, ecological and cultural impacts is increasingly frowned upon.

On 24 March 2021, Kenya’s Centre for Environment Justice and Development (CEJD) held a consultative forum with 24 grassroots Civil Society Organisations in the waste management sector with support from Break Free From Plastic. The members used the existing legislative framework that bans single-use plastic carrier bags in the country to launch the CSOs for Zero Plastics in Kenya network that integrates the input of stakeholders in the affected sectors. Still, this push by CSOs towards a wider ban seems to have created a policy tension between the National Environment Management Authority (NEMA) and multi-nationals that rely on plastic products for packaging.

In 2018, NEMA tried to extend the ban on plastic carrier bags to single-use plastic containers such as bottles made of PET. However, the companies involved in the production of PET products instead proposed a self-regulated, industry-led solution under PETCO.

Despite NEMA’s pledge in 2018 to make PETCO membership mandatory for all plastic industry players, its membership remains voluntary. This lapse has slowed the acceptance of membership by stakeholders and by industry players and minimized compliance. Kenya currently has eight PET converters, but only one of them is a PETCO member. Moreover, an estimated 900 bottling plants use PET containers but only eight (1 per cent) are members of PETCO.

The future of a post-plastic Kenya requires consolidation of existing industry efforts, ramping up scientific research on alternatives, a shift in consumer behaviour and robust incremental policies in enforcing the bans and restrictions. Only then can Kenya secure its ecology, manage the diverse interests of the stakeholders involved and still manage its ecological health with posterity in mind.

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Politics

Microplastics: the Destruction of Marine Life and the Blue Economy

Even as Kenya’s land-based resources continue to shrink because of a rapidly growing population, microplastic pollution of Kenya’s Indian Ocean is putting in jeopardy the country’s maritime resources.

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Microplastics: the Destruction of Marine Life and the Blue Economy
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Five scientists, Joyce Kerubo, John M. Onyari and Agnes Muthumbi from the University of Nairobi, Deborah Robertson-Andersson from the University of Kwa Zulu Natal, and Edward Ndirui Kimani from the Kenya Marine and Fisheries Research Institute (KMFRI), undertook a research study last year that returned a harsh verdict of a high presence of microplastics (MPs) in Kenya’s Indian Ocean.

MPs are plastic pellets, fragments, and fibres that enter the environment and are less than 5mm in dimension. The primary sources of MPs are vehicle tyres, synthetic textiles, paints, personal care products, and plastic products that have disintegrated into tiny particles because of environmental turbulence.

The study by the five scientists, Microplastic Polymers in Surface Waters and Sediments in the Creeks along the Kenya Coast, Western Indian Ocean (WIO), identified four polymer types in Kenya’s Indian Ocean. High-density polythene is the most abundant at 38.3 per cent, followed by polypropylene (34.6 per cent), low-density polythene (27.1 per cent), and medium density polythene (17.1 per cent). The research findings were published in the European Journal of Sustainable Development Research on 18 October 2021.

The concentration of MPs in the surface waters along the Kenyan coastline was higher compared to other parts of the world, the study warned. The findings of the study also confirmed those of previous studies on the presence of MPs in Kenya’s Indian Ocean.

The scientists also cautioned that the documented information on the specific polymeric composition of these particles in seawater and in the sediments along the Kenyan coast was insufficient. The findings, the study offered, demonstrated the extent of exposure to MPs in Kenya’s ocean ecosystems, therefore justifying policy intervention in the management and disposal of plastic waste, and the protection of the ocean’s rich biodiversity for sustainable development.

It drew testing samples from three creeks: Tudor and Port Reitz in Mombasa County and Mida in Kilifi County. Tudor Creek covers an area of approximately 20 square kilometres and is fed by two seasonal rivers—Kombeni and Tsalu—that originate around Mariakani, about 32 kilometres northwest of Mombasa. The two seasonal rivers collect runoff containing plastic and other waste from the mainland and discharge it into the creek.

Surrounding Tudor creek are several densely populated informal settlements that include Mishomoroni and Mikindani that may add MPs to the ocean. According to the study findings, the majority of the MPs were fibrous materials from textiles and ropes, probably from wastewater from washing clothes and from fishing activities.

Other key facilities that could contribute to the pollution include shipping activities at the Port of Mombasa, meat processing at Kenya Meat Commission (KMC), Coast General Hospital, Container Freight Stations (CFSs) and Kipevu Power Station. Before it was rehabilitated, Mombasa County Government dumped a lot of waste at Kibarani, near the two creeks and just next to the ocean.

Tudor Creek recorded the highest pollution, also as a result of rain runoff from Kongowea market and Muoroto slums, and Mikindani sewage effluent. Moreover, according to the study, which could, however, not determine the proportions, many industries on Mombasa Island release their effluent into the sea, increasing MPs in sediments.

Mida Creek was used as a control in the study as it does not have river inflows. In addition, the creek is in a marine reserve that forms part of the Watamu Marine National Park and Reserve. However, MPs from different polymers were found in sediment and surface water samples from all the sites—including Mida Creek which is within Watamu National Marine Reserve—which the researchers had thought to be safe from pollution by industrial effluent, sewage disposal, and fishing activities.

Many industries on Mombasa Island release their effluent into the sea, increasing MPs in sediments.

The study attributed the pollution at Mida Creek to high tourism activities, boat and dhow fishing activities, densely populated villages such as Dabaso, Ngala, and Kirepwe and the mangrove vegetation cover of tall trees that binds soil particles thus favouring the accumulation of MPs.

According to a United Nations Environment Programme (UNEP) report released in March 2019, plastic—which makes up a sizable proportion of marine pollution—can now be found in all the world’s oceans, but concentrations are thought to be highest in coastal areas and reef environments where the vast majority of this litter originates from land-based sources.

In Kenya, daily plastic consumption is estimated at 0.3 Kilograms per person. In 2018, Kenya imported between 45,000 and 57,000 metric tonnes of plastic.

Earlier in 2020, KMFRI had carried out its own study—Microplastics Pollution in Coastal Nearshore Surface Waters in Vanga, Mombasa, Malindi and Lamu, Kenya—that painted an even gloomier picture of MP pollution.

The four sampling locations represented the South coast, Mombasa and the North coast of Kenya’s coastal nearshore waters, and looked into considering fishing, recreation, and industrial activities, as well as the municipal effluent that finds its way into these target areas.

The objective of the study was to assess the abundance MPs and their composition in Kenya’s coastal near-shore waters during the two rainy seasons at the Kenyan coast: the north-east monsoon which runs between November and March, and the south-east monsoon which runs from April to October.

The results showed a widely varied distribution of MPs between the two seasons, with the overall highest concentrations occurring during the south-east monsoon when surface runoff from rainwater and from effluent from the major towns is high.

As confirmed in other research studies, the concentrations recorded by KMFRI, were quite high compared to other parts of the world. This provided baseline data for MPs, showing that population, anthropogenic activities and seasonal variations a play key role in influencing pollution by MPs.

Total MP concentrations in all the study areas during the north-east and the south-east monsoon seasons ranged between 83 MPs/m³ and 8266 MPs/m³ and between 126 MPs/m³ and 12,256 MPs/m³ respectively, with a mean of 3228 MPs/m³. The highest microplastic levels were found in Mombasa at 12,256 MPs/m³ during the south-east monsoon season, where runoff and effluent due to heavy rains are thought to be the primary source. The next highest levels were found in Malindi, occurring during the south-east monsoon season, because of inflows from River Sabaki.

Boat activities and tourism during the north-east monsoon season and runoff from the town during the south-east monsoon season mostly affected Lamu, while fishing activities, as well and runoff from the town, could be responsible for the abundance of MPs recorded in Vanga.

Solid waste management remains an enormous challenge in coastal towns, with Mombasa County facing the biggest challenge due to a burgeoning population. Although most of the solid waste generated in the county is organic—largely from households, hotels, restaurants and agricultural produce markets, the largest being Kongowea and Marikiti—plastic takes up a significant share.

In its County Sessional Paper No 01 of 2019, Mombasa County estimated daily waste production at 2,200 tons, 68 per cent of which is organic. Approximately 18 per cent of this waste is plastics, cardboard, paper and metals.

Other inorganic waste such as e-waste, construction waste and junk makes up an estimated 14 per cent of the waste generated. Public and private health facilities generate an estimated 2 to 3 tonnes of biomedical waste daily.

Solid waste management remains an enormous challenge in coastal towns, with Mombasa County facing the biggest challenge due to a burgeoning population.

Most of the solid waste generated is disposed in undesignated open grounds—in VOK, Kwa Karama, Kadongo, Junda, Saratoga, and Mcheleni. It is disposed in the same form as it is generated without being recycled or reused. Disposal of solid waste in the open has continuously had a negative environmental health impact through the contamination of water sources.

Moreover, with the limited investment in solid waste recycling and recovery systems, disposal methods in the county have been a contributor to public nuisance.

There are two designated dumpsites, namely Mwakirunge in Kisauni and Shonda in Likoni. However, these dumpsites are poorly managed and do not respect the prescribed environmental health standards while Mombasa County government’s budgetary allocation for solid waste management is not sufficient to meet the desired results.

MPs are harmful to human health, experts say. The ingestion of MPs by species at the base of the food web causes human food safety concerns, as little is known about their effects on the food that finally lands on our menu.

The minuscule size of MPs renders them invisible to filter-feeding fauna, leading to unintentional ingestion. In a study published in December 2020 in the Africa Journal of Marine Science, W. Awuor, Agnes Muthumbi and Deborah Robertson-Andersson confirmed the presence of MPs in marine life. The study investigated MPs in oysters and in three species of brachyuran crabs.

They did sampling in eight stations distributed between three sites—Tudor, Port Reitz and Mida Creek—in January and February 2018, during low spring tide. The sample comprised 206 crabs and 70 oysters.

The study identified MP fibres of different colours—red, yellow, black, pink, orange, purple, green, blue—as well as colourless ones. Colourless fibres were the most prevalent, comprising at least 60 per cent of the total MPs. The mean lengths of the MP fibres were between 0.1 and 4.2 mm.

The study exposes MP pollution along the Kenyan coast and its uptake by marine fauna, and thus strengthens the case for better control of plastic waste in the ocean. “Marine plastic litter pollution is already affecting over 800 marine species through ingestion, entanglement and habitat change,” said the head of UN Environment’s coral reef unit, Jerker Tamelander, in 2019.

“Waste continues to leak from land, and coral reefs are on the receiving end. They also trap a lot of fishing gear and plastic lost from aquaculture. With the effects of climate change on coral reef ecosystems already significant, the additional threat of plastics must be taken seriously.”

According to UNEP, there remains a significant lack of knowledge on the true impact of plastics on the reef environment, including the level of concentrations of MPs across coral reef eco-regions in order to understand the scale of the issue in a standardised manner.

“Marine plastic litter pollution is already affecting over 800 marine species through ingestion, entanglement and habitat change.”

Concerns about ocean pollution have been raised at a time when the country is looking at the Blue Economy as the country’s next economic growth frontier. In effect, Kenya’s land-based resources have been shrinking because of a rapidly growing population and it is therefore prudent for the government to shift the focus to the country’s ocean resources spread over an area of 245,000 km², or 42 per cent of the country’s total land mass.

Kenya has from the outset not been keen on growing the maritime sector. Even Kenya’s first independence economic blueprint, African Socialism and its Application to Planning in Kenya, published in 1965, failed to anchor the Blue Economy in the country’s economic growth agenda, despite its significant role in transporting 95 per cent of the country’s global transactions.

The Western Indian Ocean has resources worth more than KSh2.2 trillion in annual outputs, with Kenya’s share standing at about 20 per cent of this figure. The marine fishing sub-sector alone had an annual fish potential of 350,000 metric tonnes worth KSh90 billion in 2013. However, the region only yielded a paltry 9,134 metric tonnes worth KSh2.3 billion during that year.

In 2018, the then Agriculture Cabinet Secretary, Mwangi Kiunjuri, said that by failing to fully exploit the Blue Economy, Kenya was losing over Sh440 billion annually. But if the opportunities offered by the Blue Economy are to be exploited, a policy intervention in the management and disposal of plastic waste is urgently required to protect the ocean’s rich biodiversity for sustainable development.

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Politics

Western Sahara: Africa’s Last Colony

Meriem Naïli writes about the continuing struggle for the independence of Western Sahara. Occupied by Morocco since the 1970s, in contravention of the International Court of Justice and the UN. The internationally recognised liberation movement, POLISARIO, has fought and campaigned for independence since the early 1970s. Naïli explains what is going on, and the legal efforts to secure the country’s freedom.

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Western Sahara: Africa’s Last Colony
Photo: Freepik/natanaelginting
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The conflict over Western Sahara can be described as a conflict over self-determination that has been frozen in the past three decades. Western Sahara is a territory in North-West Africa, bordered by Morocco in the north, Algeria and Mauritania in the east and the Atlantic Ocean to the west. A former Spanish colony, it has been listed by the UN since 1963 as one of the 17 remaining non-self-governing territories, but the only such territory without a registered administrating power.

Since becoming independent from France in 1956, Morocco has claimed sovereignty over Western Sahara and has since the late 1970s formally annexed around 80% of its territory, over which it exercises de facto control in contravention of the conclusions reached by the International Court of Justice (ICJ) in its advisory opinion of October 15, 1975, on this matter. The court indeed did not find any “legal ties of such a nature as might affect the application of resolution 1514 (XV) in the decolonization of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the peoples of the Territory” (Western Sahara (1975), Advisory Opinion, I.C.J. Reports 1975, p.12).

On 14 November 1975, the Madrid Accords – formally the Declaration of Principles on Western Sahara – were signed between Spain, Morocco, and Mauritania setting the conditions under which Spain would withdraw from the territory and divide its administration between the two African states. Its paragraph two reads that “Spain shall immediately proceed to establish a temporary administration in the territory, in which Morocco and Mauritania shall participate in collaboration with the Jemâa [a tribal assembly established by Spain in May 1967 to serve as a local consultative link with the colonial administration], and to which the responsibilities and powers referred to in the preceding paragraph shall be transferred.”

Although it was never published on the Boletin Oficial del Estado [the official State journal where decrees and orders are published on a weekly basis], the accord was executed, and Mauritania and Morocco subsequently partitioned the territory in April 1976. Protocols to the Madrid Accords also allowed for the transfer of the Bou Craa phosphate mine and its infrastructure and for Spain to continue its involvement in the coastal fisheries.

Yet in Paragraph 6 of his 2002 advisory opinion, UN Deputy Secretary General Hans Corell, reaffirmed that the 1975 Madrid Agreement between Spain, Morocco, and Mauritania “did not transfer sovereignty over the Territory, nor did it confer upon any of the signatories the status of an administering Power, a status which Spain alone could not have unilaterally transferred.”

The war

The Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (POLISARIO) is the internationally recognised national liberation movement representing the indigenous people of Western Sahara. Through the self-proclaimed Sahrawi Arab Democratic Republic (SADR), it has been campaigning since its creation in May 1973 in favour of independence from Spain through a referendum on self-determination to be supervised by the UN. A war broke out shortly after Morocco and Mauritania’s invasion in November 1975. Spain officially withdrew from the territory on 26 February 1976 and the Sahrawi leadership proclaimed the establishment of the SADR the following day.

In 1984, the SADR was admitted as a full member of the Organisation of African Unity (now the African Union), resulting in Morocco’s decision to withdraw the same year in protest. Morocco would only (re)join the African Union (AU) in 2017. The admission of the SADR to the OAU consolidated the movement in favour of its recognition internationally, with 84 UN member states officially recognising the SADR.

In the meantime, to strengthen its colonization of the territory, Morocco had begun building what it later called “le mur de défense” (the defence wall). In August 1980, following the withdrawal of Mauritanian troops the previous year, Morocco sought to “secure” a part of the territory that Mauritania had occupied. Construction of the wall – or “berm” – was completed in 1987 with an eventual overall length of just under 2,500km.

A “coordination mission” was established in 1985 by the UN and the OAU with representatives dispatched to find a solution to the conflict between the two parties. After consultations, the joint OAU-UN mission drew up a proposal for settlement accepted by the two parties on 30 August 1988 and would later be detailed in the United Nations Secretary General’s (UNSG) report of 18 June 1990 and the UN Security Council (UNSC) resolution establishing United Nations Mission for the Referendum in Western Sahara (MINURSO).

Since 1979 and the surrender of Mauritania, around 80% of the territory has remained under Morocco’s military and administrative occupation.

Deployment of MINURSO

The Settlement Plan agreed to in principle between Morocco and POLISARIO in August 1988 was submitted to the UNSC on 12 July 1989 and approved in 1990. On 29 April 1991, the UNSC established MINURSO in resolution 690, the terms of reference for it being set out in the UNSG’s report of 19 April 1991. The plan provided for a cease-fire, followed by the organisation of a referendum of self-determination for which the people of Western Sahara had to choose between two options: integration with Morocco or plain and simple independence.

In this regard, it provided for the creation of an Identification Commission to resolve the issue of the eligibility ofSahrawi voters for the referendum, an issue which has since generated a great deal of tension between the two parties. A Technical Commission was created by mid-1989 to implement the Plan, with a schedule based on several phases and a deployment of UN observers following the proclamation of a ceasefire.

Talks quickly began to draw up a voters list amid great differences between the parties. POLISARIO maintained that the Spanish census of 1974 was the only valid basis, with 66,925 eligible adult electors, while Morocco demanded inclusion of all the inhabitants who, as settlers, continued to populate the occupied part of the territory as well as people from southern Morocco. It was decided that the 1974 Spanish census would serve as a basis, and the parties were to propose voters for inclusion on the grounds that they were omitted from the 1974 census.

In 1991, the first list was published with around 86,000 voters. However, the process of identifying voters would be obstructed in later years, mainly by Morocco which attempted to include as many Moroccan settlers as possible. The criteria for eligibility had sometimes been modified to accommodate Morocco’s demands and concerns. Up to 180,000 applications had been filed on the part of the Kingdom, the majority of which had been rejected by the UN Commission as they did not satisfy the criteria for eligibility.

Consequently, the proclamation of “D-Day”, to mark the beginning of a twelve-week transition period following the cease-fire leading to the referendum on self-determination, kept being postponed and eventually was never declared.

The impasse

Following the rejection by Morocco of the Peace Plan for Self-Determination of the People of Western Sahara (known as Baker Plan II) and the complete suspension of UN referendum preparation activities in 2003, Morocco’s proposal for autonomy of the territory under its sovereignty in 2007 crystallised the stalemate [the Peace Plan is contained in Annex II of UNSG report S/2003/565, and available here].

The Baker Plan II had envisioned a four or five-year transitional power-sharing period between an autonomous Western Sahara Authority and the Moroccan state before the organisation of a self-determination referendum during which the entire population of the territory could vote for the status of the territory – including an option for independence. It was ‘supported’ by the UNSC in resolution S/RES/1495 and reluctantly accepted by POLISARIO but rejected by Morocco.

The absence of human rights monitoring prerogatives for MINURSO has emerged as an issue for the people of Western Sahara as a result of the stalemate in the referendum process in the last two decades. MINURSO is the only post-Cold War peacekeeping operation to be deprived of such prerogatives.

Amongst the four operations currently deployed that are totally deprived of human rights monitoring components (UNFICYP in Northern Cyprus, UNIFIL in Lebanon, UNDOF in the Israeli-Syrian sector and MINURSO), MINURSO stands out as not having attained its purpose through the organisation of a referendum. In addition, among the missions that did organise referendums (namely UNTAG in Namibia and UNAMET in East Timor), all had some sort of human rights oversight mechanism stemming from their mandates.

On 8 November 2010, a protest camp established by Sahrawis near Laayoune (capital of Western Sahara) was dismantled by the Moroccan police. The camp had been set up a month earlier in protest at the ongoing discrimination, poverty, and human rights abuses against Sahrawis. When dismantling the camp, gross human rights violations were reported – see reports by Fédération internationale des ligues des droits de l’Homme (2011) and Amnesty International (2010).

This episode revived the international community’s interest in Western Sahara and therefore strengthened the demand by Sahrawi activists to “extend the mandate of MINURSO to monitor human rights” (see Irene Fernández-Molina, “Protests under Occupation: The Spring inside Western Sahara” in Mediterranean Politics, 20:2 (2015): 235–254).

Such an extension was close to being achieved in April 2013, when an UNSC resolution draft penned by the US unprecedentedly incorporated this element, although it was eventually taken out. This failed venture remains to date the most serious attempt to add human rights monitoring mechanisms to MINURSO. Supporters of this amendment to the mandate are facing the opposition by Moroccan officials who hold that it is not the raison d’être of the mission, and it could jeopardize the negotiation process.

What’s going on now?

At the time of writing, the people of Western Sahara are yet to express the country’s right to self-determination through popular consultation or any other means agreed between the parties. The conflict therefore remains unresolved since the ceasefire and has mostly been described as “frozen” by observers.

On the ground, resistance from Sahrawi activists remain very much active. Despite the risks of arbitrary arrest, repression or even torture, the Sahrawi people living under occupation have organised themselves to ensure their voices are heard and violations are reported. Freedom House in 2021 have, yet again, in its yearly report, rated Western Sahara as one of the worst countries in the world with regards to political rights and civil liberties.

Despite a clear deterioration of the peace process over the decades, several factors have signalled a renewed interest in this protracted conflict among key actors and observers from the international community. A Special Envoy of the AU Council Chairperson for Western Sahara (Joaquim Alberto Chissano from Mozambique) was appointed by the Peace and Security Council in June 2014. This was followed by Morocco becoming a member of the AU in January 2017.

More recently, major events have begun to de-crystalise the status quo. The war resumed on 13 November 2020 following almost 30 years of ceasefire. Additionally, for the first time, a UN member state – the US – recognised Morocco’s claim to sovereignty over the territory. Former US President Trump’s declaration on 10 December 2020 to that effect was made less than a month after the resumption of armed conflict. It has not, however, been renounced by the current Biden administration. As this recognition secured Morocco’s support for Israel as per the Abrahamic Accords, reversing Donald Trump’s decision would have wider geopolitical repercussions.

In September 2021, the General Court of the European Union (GCEU) issued decisions invalidating fisheries and trade agreements between Morocco and the EU insofar as they extended to Western Sahara, rejecting Morocco’s sovereignty. This decision is the latest episode of a legal battle taking place before the European courts.

The Court of Justice of the European Union (CJEU), had previously reaffirmed the legal status of Western Sahara as a non-self-governing territory, set by the UN in 1963 following the last report transmitted by Spain – as Administering Power – on Spanish Sahara under Article 73 of the UN Charter. The Court rejected in December 2016 any claims of sovereignty by Morocco by restating the distinct statuses of both territories.

The last colony in Africa remains largely under occupation and the UN mission in place is still deprived of any kind of human rights monitoring. In the meantime, the Kingdom of Morocco has been trading away peace in the form of military accords and trade partnerships. This situation must end – with freedom, and sovereignty finally won by Western Sahara.

This article was first published by ROAPE.

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