Navigating in a Sea of Plastics: A Critical Reflection on the Legal Responses in the Philippines to Marine Plastic Debris
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One of the greatest threats to marine biodiversity in our oceans today is plastic debris. A number of international commitments and declarations highlight the need to prioritize actions to address marine plastic pollution. However, actions taken in many countries to minimize plastic waste have not been sufficient. The Philippines, which is among the biodiversity hotspots in the world, has emerged as among the top marine plastic debris polluters with the largest source of single use plastics leaking into the ocean. As one navigates around its over 7,100 islands, one cannot miss the sea of plastics in its oceans and communities. But the Philippines has no overarching national plastics legislation. While national laws exist to tackle solid wastes, pollution in general, and aquatic or marine pollution, these are inadequate to address the growing menace of marine plastic pollution in the country. The 20-year-old national solid waste management law, Ecological Solid Waste Management Act (RA 9003) could, however, provide opportunities to set out a policy framework to address plastic wastes. However, there are gaps in the legal and institutional frameworks. Since majority of plastic wastes in the Philippines come from land-based sources due to the unregulated use and indiscriminate dumping of plastics, an overarching legal framework regulating plastic wastes and coherence of existing laws and regulations on marine pollution are critical. In examining the domestic legal frameworks for marine plastic pollution, key policy and institutional responses have been identified. The existing policy gap can be addressed if the national government sets clear guidelines on the legal provision on ‘non-environmentally acceptable products or packaging.’ Greater coordination by many governmental agencies involved in marine plastic pollution governance is also required. Likewise, it is vital to recognize the important role of local governments in the implementation framework. Lessons can be drawn from jurisprudence as set by the courts in ensuring coordination between national agencies and local governments in accordance with their mandates.
Abstract
One of the greatest threats to marine biodiversity in our oceans today is plastic debris. A number of international commitments and declarations highlight the need to prioritize actions to address marine plastic pollution. However, actions taken in many countries to minimize plastic waste have not been sufficient. The Philippines, which is among the biodiversity hotspots in the world, has emerged as among the top marine plastic debris polluters with the largest source of single use plastics leaking into the ocean. As one navigates around its over 7,100 islands, one cannot miss the sea of plastics in its oceans and communities. But the Philippines has no overarching national plastics legislation. While national laws exist to tackle solid wastes, pollution in general, and aquatic or marine pollution, these are inadequate to address the growing menace of marine plastic pollution in the country. The 20-year-old national solid waste management law, Ecological Solid Waste Management Act (RA 9003) could, however, provide opportunities to set out a policy framework to address plastic wastes. However, there are gaps in the legal and institutional frameworks. Since majority of plastic wastes in the Philippines come from land-based sources due to the unregulated use and indiscriminate dumping of plastics, an overarching legal framework regulating plastic wastes and coherence of existing laws and regulations on marine pollution are critical. In examining the domestic legal frameworks for marine plastic pollution, key policy and institutional responses have been identified. The existing policy gap can be addressed if the national government sets clear guidelines on the legal provision on ‘non-environmentally acceptable products or packaging.’ Greater coordination by many governmental agencies involved in marine plastic pollution governance is also required. Likewise, it is vital to recognize the important role of local governments in the implementation framework. Lessons can be drawn from jurisprudence as set by the courts in ensuring coordination between national agencies and local governments in accordance with their mandates.
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