Repubblika notes and welcomes the bill to amend the Constitution and introduce the right of every human being to enjoy a clean, healthy and sustainable environment, and welcomes the support of environmental organisations for this amendment.
In this context, Repubblika makes these two observations:
- This bill proposes the recognition of a human right (not an obligation to safeguard the environment itself). It is positive that the bill removes the need for an individual bringing a complaint to court to first prove that harm was done to them on an individual basis before the court can then consider what harm was done to the environment.
However, in our view, the bill should also make it clear that it should be possible to take action without the need to show that the harm done to the environment caused harm on humans.
It also seems to us that it would be better if harm done to the environment is punished through criminal procedures without the need to prove any consequences on humans. Repubblika has already made this argument in the Anti-Corruption Strategy and Manifesto that we published in 2024. We believe that the protection of the environment is a collective responsibility of humanity and when harm is done to the environment, those who do it should face the consequences.
This is why we argue in favour of the criminalization of ecocide and that in cases against persons accused of harming the environment, it should be possible for civil society organisations active in the promotion and safeguarding of the environment to act on behalf of the environment as a victim, bring cases for prosecution, and represent the environment as a parte civile in criminal courts.
The environment is a victim of the actions of organized crime, money laundering from crime, corruption, and the corrupt and criminal complicity of the State in the devastation done to it.
We therefore remind that the Constitution already recognises the obligation of the State to “protect and conserve the environment … for the benefit of present and future generations and shall take measures to address every form of environmental degradation in Malta.” But then, for reasons we do not understand, the Constitution itself provides that this obligation is not enforceable by the Courts.
It is our view that this obligation of the State directly towards the environment should be enforceable and enforced.
- It seems to us that piecemeal changes to the Constitution do not benefit the completeness of this fundamental contract between the State and citizens. Therefore, we remind that our country has been waiting since 2012 for the promise of a National Convention to discuss the Constitution to be fulfilled, and that it’s high time for effective, broad, and holistic consultation with the entire community.