Negotiating a Legally Binding Instrument on Plastic Pollution including in the Marine Environment

26 April 2024, Ottawa Canada - With a broad range of UN negotiations experience under her belt, Kathleen Taituave of Samoa, is a young  negotiator whose volume has increased on the global stage over the years.

A lawyer by profession, Kathleen has worked with the Ministry of Natural Resource and Environment for close to ten years.  Over this time, she has negotiated for Samoa across a range of different UN Multilateral Environment Agreements including the Intergovernmental Negotiating Committee (INC) on plastic pollution including in the marine environment.

Each experience has been a stepping stone in her growth and confidence as a Pacific Island woman negotiator speaking for her island nation.

“I think in the beginning, and I still am trying to perfect this, I struggled with the low confidence to really speak up in these spaces, especially when you're with people from different backgrounds and professions,” said Kathleen.

“For me it was about trying to gain that confidence and understand that I have a voice in these spaces, and that our governments and our communities rely on us to be their voices here.  Being a young woman in this space, I really had to find that mana, and courage to talk at the table with other members and utilise every opportunity to push for our national interests.”

Kathleen is in Ottawa this week, negotiating for Samoa with over 170 member states to develop the legally binding instrument to address the plastic pollution problem faced by our international community.  For the Pacific Small Islands Developing States with limited land space, residing in the world’s largest ocean, these INC sessions are crucial.  Pressure is mounting to develop a global solution that will reflect our Pacific Island concerns and needs by the end of this year.

Around 430 million tonnes of plastic is produced each year for which two thirds are short-lived which soon become waste. Every minute the equivalent of one garbage truck full of plastic is dumped into the ocean.  

This is the fourth of five sessions to develop the legally binding instrument for ratification. The first was in 2022, with the fifth and final to be held by the end of this year. Now at the mid-week mark, the hours are growing longer and the negotiations both at the table, and behind the scenes are heating up.

“I do enjoy negotiations.  It is tiring and requires a certain type of stamina.  It is intense and it’s a lot of work but it’s also a good learning experience for me,” said Kathleen.

“Coming from a legal background I learn about all the different environment technical issues and thematic areas that apply to the different instruments and must translate what is best for Samoa and her people, into the legal document. I also learn about the different Pacific Islands and their positions as we often form united positions for strength.  We are stronger together when we negotiate amongst over 190 countries sometimes.”

In 2017 Kathleen attended her first UN Climate Change Conference of the Parties as part of the Women’s Environment and Development Organisation (WEDO) Women Climate Change Negotiators Training programme.  Through this she participated in a workshop to learn basic negotiation skills before stepping into the deep end.  Kathleen has been swimming ever since, in the world of global diplomacy.  

“I was able to test all that I learnt in that, putting all the theory into real negotiations.  This is all about strategy and trying to reach that common goal.  We all work together the best we can to seek a compromise, pushing for our positions aiming as a group, to come out stronger. We are also mindful we need to have some flexibility at some point and negotiate in good faith,” said Kathleen.

While Kathleen engages in the UN Multilateral environmental agreement processes, she also works as a legal adviser for 16 different divisions within MNRE, providing legal advice to them and other environmental areas including biodiversity conservation, climate change and waste management.

Each time she enters the negotiation space, she must prepare through reading and learning the technicalities of that particular negotiation focus.  For her preparation is key.  Over the years one of her greatest resources has been the MEA Handbook developed by the Secretariat of the Pacific Regional Environment Programme (SPREP) which she encourages all new negotiators to read for a comprehensive background of the MEAs and their processes.

When it comes to other advice for Pacific Island Women exploring the field of negotiations Kathleen says to remember to let go of any fears you may have.

“My biggest lesson is that I am capable, we all are and all of us is a member state of the United Nations given the opportunity to have our voices heard.  We must use that opportunity.  Let go of the fear and think of our communities that I know our Pacific women play a huge role in,” advises Kathleen.

“We know our Pacific Islands situations and realities, all the problems our people are facing.  Naturally for us as women we have a maternal instinct, we are nurturers of our families and our environment, our people and our islands.  Keep that in mind whenever you are given the opportunity to negotiate for a better life for us all and I know you will exceed.  We all start somewhere, and we grow.  You wont regret taking on this opportunity.”

Kathleen has also negotiated for Samoa at the UN Convention on the Illegal Trade of Endangered Species (CITES), the UN Framework Convention on Climate Change (UNFCCC), and a Preparatory Committee Session for the Biodiversity United Nations Biodiversity of Areas Beyond National Jurisdiction Treaty (BBNJ).

The fourth Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment is taking place in Ottawa, Canada, from 23-29 April 2024.
The Pacific Islands are represented by the Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu through the support of the Government of Australia and the United Nations.
They are supported by the Secretariat of the Pacific Regional Environment Programme (SPREP), working with partners the Pacific Islands Forum Secretariat (PIFS), Office of the Pacific Ocean Commissioner (OPOC), The Pacific Community (SPC), Forum Fisheries Agency (FFA), Environmental Investigation Agency (EIA), Centre for International Environmental Law (CIEL), University of Wollongong, WWF and Massey University.
For more information, visit: https://www.unep.org/inc-plastic-pollution/session-4