The dispossession of public lands continues unabated

A few years ago through this paper I protested vehemently against the appropriation of common land (spacium comune) by unscrupulous people, different entities and speculators.

Unfortunately this illicit practice has now reached alarming proportions: in the circumstances I feel compelled to refresh the memory of all concerned so that action may be taken without any further delay.

In the light of recent events the return of public lands to Maltese citizens should not be such an insurmountable task after all. Parliament has recently approved a law which facilitates the return of 527 tumoli of land in various parts of the Maltese Islands to their owners.

Returning private property to its rightful owners is a highly laudable act and it should be backed by adequate compensation. On the other hand Parliament should ensure the speedy return of government land, illegally usurped for exclusive private use, to its rightful owners namely the people.

In late medieval times the Maltese peasants - poor, illiterate cave-dwellers but steadfast for their rights - were very conscious of their right to use common land and they were continuously on their guard not to lose their privilege to anyone. When in 1492 many 'public ways' were illegally privatised and enclosed, strong representations were promptly made as "it was impossible to go about the island", a situation which is brilliantly exposed by Professor Godfrey Wettinger in a scholarly contribution on this topic.

More than 500 years have passed since then and today the unauthorised dispossession of land has spiralled sky-high. Unlike our redoubt-able medieval ancestors, an indifferent nation is impotently witnessing a worse phenomenon, but without registering a single word of protest.

Are we with soul so dead that we never whisper to ourselves: "This is my own native land"? Common land is being slowly but surely taken away by ruthless squatters, farmers, trappers, hunters, land-owners and more recently, the local councils, all intent on grabbing for keeps land that belongs to us all.

Along the length and breadth of the Maltese Islands, from Delimara Point in Malta to Ras il-Wardija in Gozo; from Ghallis Point to Ras ir-Raheb, footpaths, alleyways, walkways, roads, notable historical sites have been arbitrarily usurped, depriving hikers, ramblers and the casual walker of the benefits of outdoor pursuits. Our undeniable right to walk in open country is under continual threat and so is the countryside itself.

Closure of roads and paths

The Maltese countryside is littered with a sickening number of crude notices and warnings, most of which are unauthorised and offensive. 'Riservato', 'Keep Out', 'Private Property', 'Danger', 'Beware of the Dogs', etc., are a common sight intended to deter hikers from walking on land that could belong to them.

Access is sometimes barred to the cliffsides and foreshore; even where paths are undeniably public it may be hard to walk. Obstructions in the form of oil-drums, barbed wire, concrete bollards, unauthorised gates are against the law, but all too common.

Some local councils have also inherited this arrogant and haughty attitude and are allocating particular streets (mainly culs-de-sac) for the exclusive use of the residents.

In England closure of a path can only be carried out by the government or its legitimate representative and certain procedures have to be followed, namely it must be gazetted in a local paper and the London Gazette; notices must be fixed at both ends of the paths and the public has at least 28 days for objections which are heard at a public inquiry under the auspices of the Depart-ment of the Environment.

In many countries there are associations such as the Ramblers Association of Great Britain and the Wilderness Society of the USA, whose aim is to encourage walking as a pleasant way of promoting physical well-being. Walking is also the best way of seeing the countryside and getting to know at first hand the beauties of nature, its flora and fauna.

In Malta's case, walking also gives one the opportunity to explore the vast array of our rich national heritage - fine examples of folk art is remote pathways, sun-dials, aedicules, votive offerings, notarial deeds on granite slabs, rock tombs and catacombs and innumerable other items.

Unlike hikers abroad, the local hardened breed has no association to make representations on their behalf in court or in government to preserve footpaths, rights of way, common land, open spaces against the encroachment of unauthorised persons.

Hikers and backpackers in Malta have lately been encountering increasing hostility from farmers, shooters and trappers even when these follow what they consider to be a public path. No place has escaped the illegal privatisation of public land. The idyllic valley of Ta' l-Isqof, limits of Rabat, has undergone so many mutilations, so much wanton destruction, that in a short time its fascination was lost forever.

A public path leading to the Mgarrfa (the remains of a partially demolished chapel closely associated with Bishop Cagliares) has been barred; those who dare are threatened with a shotgun or ferocious dogs.

Every day more and more public land, pathways and even roads are appropriated and occasionally enclosed, at Mtahleb, Kuncizzjoni, Bahrija, Delimara, Tas-Silg, Ta' Kaccatura, Bingemma, Dingli Cliffs, Hotba ta' San Martin - the list is endless.

Regrettably, it is political dynamite for any politician to articulate, even discreetly, the frustrations of the nature lovers.

Surely, established politicians carrying a lot of clout would not become the standard-bearers of a campaign to give hikers a better deal.