Right to a healthy environment

Why is it that, in spite of having laws in place to safeguard our environment and make us live a healthy life, we still come across lawbreakers without any sign of enforcement from the part of the authorities?

In chapter IV, article 33A, subsection (1) and (2) of the constitution, it is clearly stated that “no person shall, through any form of environmental degradation or pollution problem, be deprived of his right to live in a healthy environment”. And “For the purpose of this article, the term ‘environment’ shall include (a) the air, (b) the water, (c) the land and (d) living and non-living resources”.

In chapter II, subarticle (2) to article 9, it is once more emphatically stated: “The State shall protect the environment and its resources for the benefit of the present and future generations and shall take measures to address any form of environmental degradation in Malta, including that of air, water and any sort of pollution problem and to promote, nurture and support the right of action in favour of the environment.”

Xemxija residents face noise and air pollution from 7am till 8pm six days a week.

Why is it, then, that, notwithstanding such laws being entrenched in our constitution, Xemxija residents have been suffering noise and air pollution for the past eight months? 

I am not disputing the ‘valid’ development permit to construct residential units on the site of what was known as Mistra Village. What I am disputing is our right, as residents, to go on living in a healthy environment without having to continuously face noise and air pollution from 7am until 8pm six days a week.

No public authority has heeded our calls. Shouldn’t our local council see that its residents are not suffering inconveniences that would result in health problems?

Where is the State, which, according to the constitution, is obliged to protect the environment for the benefit of us residents? Where are the authorities that are obliged to “address any form of environmental degradation”? Where are you, Gvern li jisma’? Whom do you listen to? To the developers?

Shouldn’t laws be put in place so that, while development is going on, we, residents, are protected from noise and air pollution? 

How much louder should our voices be? Is it because the project in Mistra is not blocking any main road or because development is not being carried out in a prominent area where there happen to be many residents that our voices are being ignored? 

Are we second-class citizens?

Not only have we to clean our terraces (and interiors) at least twice a day but, in order not to breathe polluted air full of fine dust particles, we have either to keep our windows and doors shut or move out of our neighbourhood completely.

My appeal to the appropriate authorities is that our right to a healthy environment needs to be safeguarded and addressed even though developers have a valid permit to go on with their construction project. 

Ray Azzopardi – Xemxija