Story 24 Feb, 2025

En route to INC 5.2: IUCN and IUCN WCEL provide comparative legal analysis for negotiators of the three Chair’s Non-Papers

After INC-5, the content from three Intergovernmental Negotiating Committee Chair’s Non-Papers warranted side-by side comparisons. This in-depth analysis by IUCN WCEL brings together the key points of these three papers as the world plans for INC 5.2. The comparison is available in English, French, and Portuguese.

Photo: White Rhino Films, Kenya

The INC-5 negotiations in Busan, Republic of Korea, held from 25 November to 1 December, adjourned without finalizing the International Legally Binding Agreement (ILBI) to end plastic pollution, including in the marine environment, however advanced a textual structure of the INC Chair's Text 1 December for future negotiations.

There is an urgent need to conclude the negotiations and deliver a science-based ILBI, because “business as usual” tactics will not end plastic pollution, according to the Policy Scenarios for Eliminating Plastic Pollution by 2040 (OECD). The harm that plastics pollution causes to human health, the environment, biodiversity and ecosystems, economies, communities (especially indigenous peoples and local communities), women, youth, and workers of the formal and informal sector, is well documented; driving toward positive change is urgent.

Dr Alexandra Harrington, IUCN WCEL, Chair of the WCEL Task Force on Plastic Pollution, added, “The upcoming INC 5.2 session is crucial for clarifying key negotiation areas, including financing mechanisms, chemicals of concern, production issues, and implementation measures. IUCN WCEL remains optimistic that by comparing the three non-papers the content of the textual proposals will guide Member States to find common ground to develop a robust and progressive international legally binding instrument on plastic pollution.”

Three non-papers, no final text

Securing a meaningful agreement will mean aligning with the 2022 UNEA Resolution 5/14 mandate.

As discussed in the previous IUCN WCEL legal briefing in advance of INC-5, the INC Chair issued his Non-Paper 3 (30 October 2024) which contained his suggestions for how to potentially create a framework for an ILBI. This was a suggested way forward, not mandated by INC-4. After much debate during the opening session of INC-5, however, it was adopted as the negotiating text to be used with the caveat that Members could offer additional textual proposals as they wished.

During INC-5, the Chair attempted to break the deadlock in negotiations by issuing two subsequent iterations of Non-Papers, one issued on 29 November 2024 (the Non-Paper containing the draft of the text of the Chair of the Committee) and another issued on 1 December 2024, the Chair's Text. Ultimately the INC-5 session finished without a textual agreement and was adjourned to INC-5.2.

The comparison of the three non-papers is available in three languages:

Important differences in each non-paper

This new IUCN WCEL briefing addresses the progression in the texts of the various Non-Papers, highlighting areas of commonality and differences between the documents as well as discernible trends. Since the article numbers varied in some instances across the text, the IUCN WCEL briefing uses the topic headings rather than the article numbers.

Critical points in the process that are at the juncture of Science, Policy, and International Law, and needs to be addressed in a future ILBI, alongside with the UNEA Resolution:

Ensure a “full life cycle approach” and circular economy solutions, based on science
Identifying and ensuring that the impacts and effects on Biodiversity, Climate Change and People are clearly demonstrated
Linkages in the text are clear at the intersections of Human Rights, Human Health, Indigenous Peoples Rights and Just Transition
Coherence and Convergence with other international Treaty Regimes and Instruments, Organizations (MEA, WHO, WTO, ILO, among others); International Cooperation is key for the next steps
Science and stakeholder involvement for implementation, especially the role of the private sector, needs to be demonstrated
Clarity on Governance and Rules of Procedure (especially consensus vs. voting)
Financing mechanisms: whether standalone, placement under another existing entity, or a hybrid model (IUCN and WCEL provided explanations here)
Outlining and clarifying Treaties outside UN-System vs Treaties inside UN-System is a current gap that needs to be addressed.

Opportunities in the Chair’s Text (1 December 2024)

Entry points for IUCN to provide insights on the current Chair’s Text are many, and IUCN and IUCN WCEL are positioned to assist Member States in understanding how these relate to the other two non-papers as well as what they mean in the context of international law obligations and the environmental, biodiversity and human rights impacts of plastic pollution. As seen in the list above, the role of IUCN to provide guidance on the final text for Member States includes international law expertise on how to increase coherence and cooperation across MEAs, align with approaches on health and biodiversity, and ensure a full life cycle approach is taken – these are among the most important opportunities where the impact of IUCN and WCEL can deliver for our planet and people.

Moving forward

IUCN advocates for a comprehensive approach to addressing plastic pollution. IUCN emphasises the needs to link different pollution treaties and other MEAs. Urgently, there is a need for interconnectivity, cooperation, and regime convergence. Our work will have to address issues such as biodiversity and health, that are cross-cutting with a future Plastics Treaty.

IUCN will continue to work to make the case for biodiversity and health consideration, as well as coherence with other treaty regimes, in particular the Global Biodiversity Framework to be included in the future treaty. IUCN commits to stand-up for indigenous peoples’ rights to be equally considered in the agreement, as well.

IUCN will:

Host a series of specific intersessional webinars.
Develop scientific and legal briefs, linking it to IUCN’s policy and project work, including data, knowledge, publications, and methodologies, to enhance capacity of the Delegates as well as stakeholders and others involved in the INC process (please visit the AFRIPAC Knowledge Hub).
Participate in the Basel, Rotterdam, Stockholm Conferences of the Parties in 2025.
Participate in INC 5.2.

Noting that the proposed Chair’s Text meets some of the UNEA 5/14 mandate, Dr. Karine Siegwart, Head of Delegation and Senior Policy Advisor, IUCN Centre for Law and Policy, shared, “As an international voice for nature and conservation with members from States, intergovernmental organizations, and civil society, IUCN stresses the need for fundamental connections between plastic pollution, biodiversity loss, and human health to be included in the future International Legally Binding Instrument on Plastic Pollution (ILBI) as intertwined issues.”

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About AFRIPAC

As the world moves towards an international, legally binding instrument on plastic pollution, IUCN and GRID-Arendal partner in the project: AFRIPAC, "Effective Plastic Treaty Capacity Building for Africa." This project aims to empower five African nations' negotiating skills for a strong Global Treaty on plastic pollution. AFRIPAC is generously supported by Norad.

Materials about AFRIPAC are available on the Knowledge Hub. More info is available in this news story.

Contact us at plastics (at) IUCN.org

Dr Karine Siegwart, Senior Policy Advisor, IUCN Centre for Policy and Law

Dr Alexandra Harrington, Chair, IUCN WCEL Agreement on Plastic Pollution Task Force

Lynn Sorrentino, Programme Officer, IUCN Centre for Policy and Law