Malta has been at the forefront in developing concepts safeguarding natural resources and the environment for the benefit of future generations. From the concept of the common heritage of mankind proposed by Malta’s first Permanent Representative to the United Nations, Arvid Pardo, in 1967, to the common concern of humanity developed by David Attard in 1988 and, in later years, the proposal for the appointment of a Guardian for Future Generations by then foreign minister Guido de Marco, Malta has been a visionary, on an international level, in the development of the interests of future generations.
The rights of future generations present challenges to policymakers. In the paper ‘Responsibilities to Future Generations – The Scope’, Tony Macelli explains that a disadvantage of future generations is that they are “downstream in time” and, therefore, subjected to the options and state of resources left to them by past generations.
This poses the question on what responsibility do we have towards future generations? There is no straightforward answer. We do not know how many future generations there will be, nor how many members each generation will have. We have no certain knowledge on what natural disasters, economic crises, war or disease may affect a future generation in a specific year or era.
These uncertainties lead to challenges for the present generation but do not eliminate our responsibility towards future generations. As outlined by Emmanuel Agius in the paper ‘From Individual to Collective Rights, to the Rights of Mankind’, “the rights of mankind are a further extension of solidarity rights whose distinctive feature is the fact that solidarity among mankind as a whole is a prerequisite to their realisation”. Indeed, if we perceive ourselves as members of mankind and not as one generation in conflict with another, we will better understand our commitment and obligation towards protecting the rights of future generations.
In their literature on future generations, Macelli and Edith Brown Weiss both refer to the principle of intergenerational equity, which requires that we view the human community as a partnership among all generations. Macelli refers to the brotherhood that should exist between one generation and another whilst Weiss adds that “the purpose of human society must be to realise and protect the welfare and well-being of every generation”.
The rights of future generations present challenges to policymakers- Alessia Psaila Zammit
With reference to cultural patrimony she explains that each generation would want to inherit a cultural resource in the good condition enjoyed by past generations. In other areas such as the environment and biotechnology we have the power to deplete the earth’s natural resources and to eventually manipulate the genetic heritage of the human species. Nevertheless, principles of justice should allow us to understand that we should not abuse of such power.
The establishment of a commission known as a Guardian for Future Generations in recent years was a positive step forward. Malta is indeed one of the few countries with a Guardian of Future Generations. The role of the commission is to act as an advocate for future generations. While the future remains unknown, the establishment of this commission shows that Malta is in principle focused on a vision and foresight to protect in a sustainable manner our environment, cultural resources, heritage and the well-being of humankind.
In practice, the Guardian of Future Generations should be given a stronger role and backed with resources to carry out this vision more effectively. Future generations cannot speak for themselves while present generations are taking decisions which undoubtedly affect the future of earth resources and the future of mankind. Besides, future generations are powerless towards their past generations.
Protecting future generations is, in principle, a commitment towards protecting the dignity, well-being and health of the human person. Brown Weiss establishes criteria for guiding principles of intergenerational equity, among them the principle that we should not exploit resources at the detriment of future generations nor impose “unreasonable burdens on the present generation to meet indeterminate future needs”.
The establishment of a Guardian of Future Generations in Malta was a positive step towards our commitment as a society, for safeguarding the future of our country’s resources and its future members. Malta, however, needs a stronger commitment, in practice, to ensure that the rights of future generations are considered in various policy areas such as the environment, climate change, health, culture and biotechnology.
It is time to revisit the law establishing this commission so as to encourage and commit the Guardian of Future Generations to focus on a wider context of the interests of future generations.
Alessia Psaila Zammit, lawyer and former PN electoral candidate