{UAH} CONSERVATIVE PARTY
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CONSERVATIVE PARTY OF UGANDA.
A MONTHLY REPORT
15TH FEBUARY 2014.
STATEMENT ON ENFORCING TOTAL BAN ON POLYTHENE BAGS IN UGANDA (the Rules of Procedure).
PREAMBLE
WHEREAS, on 29th/march/2007, parliament of Uganda passed a resolution acknowledging and appreciating environmental dangers arising from the use of polythene materials;
AND WHEREAS section 3(1) of the Finance Act 2009 prohibited with effect from 31st/march/2010 the importation, manufacture, sale or use of sacks and bags of polymers of ethane and polythene;
NOTING THAT the Finance (Permitted Plastic Bags and Other plastics for Exceptional Use) Regulations were passed into law in 2010 in exercise of the powers conferred upon the Minister responsible for Finance by section 3(2) and (3) of the Finance Act 2009.
COGNIZANT THAT Article 39 of the Constitution of the Republic of Uganda stipulates that Parliament shall by law provide for the measures intended to protect and preserve the environment from degradation, manage the environment for sustainable development, and promote environmental awareness;
FURTHER APPRECIATING THAT Section 52(1) of the National Environment Act stipulates that every person has the duty to manage any waste generated by his or her activities or the activities of those persons working under his or her direction in such a manner that he or she does not cause ill health to other persons or damage the environment.
RECONGNISING THAT the schedule of the Finance ( Permitted Plastic Bags and Other Plastics For Exceptional Use) Regulations under statutory instrument No.13 of 2010 nearly exempted all polythene materials used in Uganda as per attached schedule1, maintenance of the status quo would lead to continued production and consumption of polythene materials; coupled with the current irresponsible disposal of polythene materials hence compounding the problem of sacks and bags of polymers of ethane and polythene.
THEREFORE, be it resolved that the government takes charge and tables before parliament within 12 months a Bill to ensure a total ban on the importation, local manufacture, sale of sacks and of polymers of ethane and polythene.
DEFINITIONS
Polythene/plastic bags locally known as 'kaveera' are non-biodegradable substance from polythene which is a product of oil refining. They are commonly used for packaging and storage of materials in Uganda. Majority of the consumers use an equivalent of one new plastic bag a day per shopping. The long term inelasticity of plastic demand may be explained in part by the relatively low prices of these bags in comparison to customer's disposable income even by the standards of the poor1[1]. The widespread usage of polythene bags across the country has often resulted into poor disposal particularly littering. This has continuously compounded the problem of solid waste management.
ADVERSE IMPACTS OF POLYTHENE BAGS.
Polythene bags are used to dispose of fecal matter especially in slum areas in absence of toilets, used to light charcoal stoves realizing toxic gases as carbon monoxide which is harmful to human health.
They block drainage systems and water ways increasing costs of infrastructural maintenance.
They affect aesthetic beauty when littered.
Also, they act as breeding grounds for vectors such as mosquitoes that cause malaria in humans
Again, they reduce soil productivity due to inability to decompose and blockage of aeration.
Furthermore, they cause suffocation of aquatic life.
They increase cost of water purification and production.
They cause fatality in livestock when swallowed, for they are indigestible.
Lastly but not least, they block water penetration into soil which affects plant growth hence limiting productivity of agriculture and threatening food security.
CHRONOLOGY OF INITIATIVE TO BAN POLYTHENE BAGS.
The adverse impact of polythene bags have led to chronology of initiatives which have been undertaken in Uganda in form of laws, ban, taxes and specification of gauges.
In 1992, the government imposed a ban on the importation of polythene bags and eventually through taxation managed to their production in Uganda. A time limit was in which both the manufacturers and importers were to phase out their operations and revert to production and importation of environmentally friendly parking materials. The use of polythene carrier bags by public was supposed to come to an end when the stocks had been used. However, the usage of polythene carrier bags did not come to an end.
In 1993, the government decided that all that the banning of the use of polythene packing materials was desirable in the interest of protecting the environment, it was too wide and that it should been selective and based on a phase out approach. As a result, importation, production and use of polythene materials continued un-debated.[2]
In 2002/2003, the Government increased excise duty on all polythene and plastic containers from 20 per cent to 50 per cent.[3] Still this increase in taxes did not translate into a reduction in importation of these materials into the country and many supermarkets continued to provide shoppers with free polythene bags.
On 29th March 2007, the Parliament of Uganda passed a motion for a resolution to ban the use of polythene bags into the country. The resolution acknowledged and appreciated environmental dangers arising from the use of polythene bags. I t also urged the government to table a bill before parliament to ban the manufacture, importation, and indiscriminate disposal of polythene bags.[4]
In the 2008/2009 Financial Year Budget Speech, the minister of Finance announced maintenance of a ban of plastic bags and articles of conveyance of goods of less than 30 microns[5]. Furthermore, the government through the Excise Tariff (Amendment) Act 2008 imposed excise duty of 120 per cent on the rest of the polythene bags above 30 microns.
In the 2009/2010 Financial Year Budget Speech the Minister of Finance announced that the Government would impose a total ban on plastic bags for conveyance of goods and liquid in order to protect the environment. In addition excise duty of 120 per cent was imposed on other plastics. A moratorium of six months transition period of six months transition was given to the general public as a transition period during which persons were to make arrangements to find alternative packing materials that are environmentally friendly[6].
In 2010, the Finance (Permitted Plastic Bags and Other Plastics for Exceptional Use) Regulations statutory instruments No.32 were passed into law whose Schedule nearly exempted all polythene bags used in Uganda.
On 5th October 2012 in a motion filed by Green watch verses Attorney General and National Environment Management Authority (NEMA), Judge Eldad Mwangusya of the High Court of Uganda at Kampala Civil Division declared that the manufacture, distribution, use, disposal of plastics of plastic bags, plastic containers, plastic food wrappers and all other forms of plastic commonly referred to as 'kaveera' violated the rights of citizens of Uganda to a clean and healthy environment.
CHALLENGES FACED IN ENFORCING BAN ON POLYTHENE BAGS
It is worrying that despite the existence of laws, ban, taxes and gauges, they are ineffective for polythene bags are still a nuisance.
There are conflicting positions among government departments responsible for implementing the ban on polythene bags especially the Ministry of Water and Environment cannot be computed in monetary terms and therefore revenue from polythene bags industries should not be an excuse[7].
NEED OF TOTAL BAN
It is imperative to note therefore that the danger of polythene bags results from their chemical composition not thickness (microns). The thickness or microns of polythene should not matter but the fact that polythene bags take hundreds of years to decompose matters. It may take between 400 and 1000 years for plastic bags to decompose[8]. Hence plastic bags do not readily break so the number of plastic bags in the environment in effect is cumulative
In order to halt the adverse impacts of polythene bags, there is need for a total ban and promote industries that would produce alternatives to polythene bags such as sisal, cotton bags, baskets. This would lead to creation of employment opportunities and stimulation of productive sectors particularly agriculture.
APPENDIX 1: PERMITTED PLASTIC BAGS AND OTHER PLASTICS FOR EXCEPTIONAL USE.
SCHEDULE
Regulation 4(b)
PERMITTED PLASTIC BAGS AND OTHER PLASTICS FOR EXCEPTIONAL USE.
A: Industrial Use.
Plastic for packaging of toilet paper.
Plastic for packaging napkins (all varieties)
Plastic for packaging and manufacture of sanitary pads
Plastic for packaging and manufacture wet wipes (adults, baby and feminine).
Plastic for packaging facial tissues.
Plastic for packaging pocket tissues
Plastic for packaging ESST kitchen towels.
Plastic for packaging C-Fold towels.
Plastic for packaging by garment manufacturers
Plastic for packaging garments by commercial laundry and dry cleaning services.
Shrink sleeves made of plastic for labeling if water bottles, cosmetic bottles and jars.
Plastic films used in labeling water bottles.
Plastic bottle seals.
Plastic used in twist wrapping of candles.
Shrink sleeves of plastic used as tamper evident seals in water and cosmetic products.
Printed plastic film used as substrate for transfer printing of cosmetic bottles and jars.
Plastic bags used for packaging of candy sweets, biscuits, pasta, sugar, juice, milk, coffee, tea, salt, rice, candles, soaps, detergents, and any other food or cosmetic product requiring moisture barrier properties.
Plastic films used for shrinks wrapping of water, soaps and cosmetic products.
Cling film for value addition of tea and coffee.
Plastic paper used for wrapping mattresses while in the warehouse.
Plastic bags for packaging cereal flour.
B: Agriculture Use.
Plastic bags used for plants nurturing in nurseries.
Plastic sheeting for agricultural, horticultural or floricultural use.
Plastic bags used for packaging fertilizers into small units for export.
Plastic bags used for packaging seeds for sowing.
C: Medical Use
Plastic bags used for conditioning and packaging of drugs, vaccines and other medical and pharmaceutical products.
Plastic bags for medical use.
D: Research and Science.
Plastic bags used for the conditioning of laboratory reactants and other laboratory products.
E: Sanitation.
Plastic bags for the collection and transportation of wastes.
F: Construction.
Plastic bags for insulation, roofing and damp proofing in construction.
G: Exports.
Plastic bags for packaging of exports
Sign ……John Ken Lukyamuzi Mp Lubaga South And President Conservative Party………………………………………………………………………………………………….
Jhane Dikgang et al 2010. Analysis of the plastic bag levy in South Africa.
Statement on enforcing total ban polythene bags in Uganda
[2] Parliamentary research services, 2009. The problem of polythene bags(Kavera) in Uganda: Issues an options
[3] Parliamentary Resaerch services, 2009. The problem of polythene bags (Kavera) in Uganda: issues and options
[4] Charity Alesi, 2013. Committee Brief on the ban of the use polythene bags in Uganda for committee of Nationals Resources
[5] Ministry of Finance, Planning and Economic Development, 2008. Budget Speech Financial Year 2008/09
Statement on enforcing total ban on polythene bags in Uganda
[6] Ministry of Finance, planning and Economic Development, 2009. Budget Speech Financial Yeah 2009/10
[7] Parliament of Uganda,2013. Report of the committee on Natural Resources on the ministerial Policy Statements for FY 2013/14
Statement on enforcing total ban on polythene bags in Uganda- Oct 2013
[8] Kirsty Bell and Suzie Cave, 2011. Comparison of Environmental impact of Plastic, Paper and Cloth Bags. Nothern Ireland Assembly and Library Service Brief Note- Paper 36/11
Statement on Enforcing total on polythene bags in Uganda – Oct 2013
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