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Legality Now
Why a rally organised by Environmental NGO’s could hide a deeper message for those who care to dig.
I am posting a plug for a rally that will take place on Saturday morning (J’accuse note: next Saturday 13th March @ 10 am) in Republic Street Valletta. The rally, that is being organised by a number of environmental NGOs is called “Legality Now” and concerns “the environmental abuses that are taking place in every part of Malta and Gozo. This does not just include planning abuse but air pollution, lack of water conservation measures, illegal hunting and trapping, illegal occupation of the countryside, destruction of habitats and species as well as encroachment of the countryside due to the Rationalisation scheme.” I am not often prone to promoting rallies on this blog – particularly because I find that rallies and general agglomerations of bodies yelling behind a poster or other a rather ineffective weapon nowadays – one that has been rendered powerless through overuse and abuse.
What interests me is the stated intention of the Environmental NGOs vis-a-vis the institutions they are targeting:
The Environmental NGOs appeal to the competent authorities and institutions in order to ensure law enforcement with regard to citizens’ rights in accordance with the Environmental standards operative in the European Union. (…) The environmental NGOs have been calling on the Prime Minister and MEPA for effective enforcement of the nature conservation laws. The Prime Minister has chosen to ignore these pleas for legality, hiding behind the plea of non-interference. Yet the authorities have in many cases considered themselves above the law, interpreting their own rules and policies to favour private interests at the expense of the rights of the Maltese society. The situation has become intolerable, strongly undermining democratic principles.
Citizens are not rallying behind a cry to back a policy or another – to give an example it is not a “for or against hunting” kind of rally where one could take a political side on a political issue. The declared intention of the rally goes deeper – it is a manifestation of discontent with the state of enforcement of laws that already exist. This may seem like a tiny nuance to the casual observer but the express aims of this rally have much in common with one of the corollaries that have been drawn from Plategate. It is the lack of faith and trust in public institutions. It is one thing for political rallies to gather the masses in an effort to lobby in favour of the adoption of one policy or another. It would be amiss to ignore the message this kind of rally is sending. They may not be the grievances leading to the serment du jeu de paume but these particular grievances are worth considering – if not for their content for what they imply:
Encroachment of urban areas:
The encroachment of urban areas into the Maltese countryside has been an issue longing for solution but enforcements are few and far between. Lately, a number of permissions have been granted for major projects which are detrimental to the natural environment and also the quality of life of the residents in the vicinities. These unsustainable projects in many cases violate the Structure Plan and MEPA regulations.Illegal hunting and trapping:
Widespread killing and trapping of protected species have long been well documented. Yet, the authorities to date have not taken the necessary actions to clamp down on these illegal activities. The Administrative Law Enforcement Unit with around 25 officers and a few vehicles remains understaffed, MEPA Enforcement Unit to deal with these crimes has one staff member and there are no policies in place to monitor the activities of thousands of hunters in the countryside.Illegal Occupation of Public land:
There are thousands of illegally built hunting and trapping hides, tool rooms, so called boat houses and shanties occupying public land including EU protected Natura 2000 sites. Apart from a couple of odd cases, to date, the authorities have failed to remove these illegal structures and protect the Maltese countryside in the interest of public.Loss of Biodiversity:
Being the International Year for Biodiversity, the enforcement of laws safeguarding this natural heritage should be on the forefront more than ever. Instead, Malta has no clear strategy of enforcing policies preventing the introduction and dispersal of alien species or the preventing of some of the most important drivers of biodiversity and habitat loss and desertification.Air Pollution:
Air pollution from traffic and power plants and various forms of industrial activities is at an all-time high. EU limits on traffic pollution are being repeatedly breached, yet emission testing is still at a very low level. Marsa power station, the subject of the never-ending black dust saga, is not being properly maintained as it is due for closure. Smoke from the stacks is present at ground level in Kordin and Fgura. The choice of Heavy Fuel Oil for the Delimara Power Station extension involves use of a high-risk pollution removal system.Water conservation:
Malta is facing crippling shortages of ground water due to unregulated extraction from the water table. However no steps are being taken to stop the use of illegal boreholes. Malta could even incur heavy EU fines due to the lack of a water management plan and adequate water conservation measures.
Now we could dedicate tons of comments to dismissing this as a usual protest of tree-hugging, ramble-loving greenies but I do believe that the underlying issue – the emergent dissatisfaction with the institutions that are meant to be enforcers and guardians of civil society merits attention of its own. That too is part of the rot that afflicts our society.
The facebook page for the event.
Why the rot remains was summed up by the economist Claude-Frederic Bastiat. “once an abuse exists, everything is arranged on the assumption that it will last indefinitely; and, as more and more people come to depend on it for their livelihood, and still others depend upon them, a superstructure is erected that soon comprises a formidable edifice”
@Claire. Thanks for the quote. Might come in handy this Sunday. Cheers.
@Jacques. It ties in to what David and Fausto said. Also, condemnation of the rot or abuse comes into play only when directed at corruption with which one is not involved or affected. So people will dismiss condemnation of some instances of cronyism, patronage and undue influence as envy of others’ access to certain networks. But they are just as quick to condemn the very same behaviour which they had dismissed if carried out by their political/other opponents.
Just noticed that i forgot to specify the time for the rally. It’s at 10am on Saturday March 13th. (not tomorrow as I wrongly assumed when reading through).
Excellent timing… maybe its about time a discussion on the power station extension was given its much deserved attention. I feel that the reshuffle of roles is an excellent moment for a change in direction.
After all who cares if someone is really blamed or not in this case….. as long as the right thing is done!
One should emphasise that this is, of course, a totally apolitical rally.
“Non-partisan” I would have understood but “totally apolitical”? A protest about the use of public space and the public sphere? That would be an oxymoron.
You are right in your analysis that this rally is about the rot that afflicts our society, in this case the fact that rules and regulations are published with great fanfare and then ignored.
This goes from the lack of any attempt to stop vehicles belching toxic emissions, to curbing theft of groundwater, and includes not only the issue of the Delimara Power Station (admittedly not concluded) but also the Freeport and the Valletta Regeneration Plans where the EU obligation of public consultation has been ignored.
We also point to the fact that the legally-binding Structure Plan states: “Parliament and the Ministries will concentrate in the palaces and auberges of Valletta.” And yet our legislators are proposing to break the law.
Anyone wanting to object to the Valletta Rehabilitation plans as presently proposed, can do so at: http://www.ambjentahjar.org/Form1.htm
I urge all those reading this blog to join us next Saturday 13th March at 10am at City Gate Valletta
@Astrid Vella
This lady here is saying that that the March 13th protest is about Piano’s plan for the site of the former opera house. You comment seems to be in agreement and imply that it’s one and the same.
So what’s the illegality there?
Yes. I too would like confirmation that the Saturday 13th Rally is not related to the anti-Piano posse.
Hi, this is the wording of the poster which should clarify the aims of the rally:
LEGALITY NOW
The Prime Minister has ignored repeated calls by environmental NGOs to enforce the law for the proper protection of the urban and rural environment, while MEPA continues to bend the rules and policies to favour private interests at the cost of the national interest.
Consequently the Maltese natural and cultural heritage is being irreparably damaged by:
ABUSE OF NATURA 2000 SITES – FOMM IR-RIH, BAHRIJA AND TA’ BALDU
ENCROACHMENT ON ODZ – SCRAPYARDS, SEABANK HOTEL EXTENSION, QALA, RAMLA L-HAMRA
ILLEGAL HUNTING AND TRAPPING,
AIR POLLUTION – TOXIC EXHAUST,
CONSTRUCTION DUST & DELIMARA POWER STATION
UNAUTHORIZED GROUNDWATER EXTRACTION
DESTRUCTION OF HERITAGE – QORMI KNIGHTS’ ARMOURY
SHAM PUBLIC CONSULTATION ON FREEPORT & VALLETTA REGENERATION PLANS – VIOLATION OF STRUCTURE PLAN
The situation has become intolerable and undemocratic
Join the RALLY at City Gate, Valletta on Saturday 13th March at 10am
All of the policies which are cited by Mrs Vella are subject to interpretation. It is therefore quite misleading to cite these policies as the FAA does, and to claim illegality. Concentrating government buildings in existing structures does not necessarily mean that they should be exclusively situated there. The plans do ‘improve areas of low quality’. The logical corollary of Mrs Vella’s argument is that we must preserve a car park, and a City gate which is itself an anomaly. Accordingly, it is difficult to understand the motivations for the FAA’s opposition to this project.
Further, even if the FAA were correct in its interpretation of the letter of the law (which I think they are not), would this not be an obvious case of the strict letter of the law requiring reform?
I should clarify that I’m referring to the City gate project and the FAA letter of objection to be found here: http://www.ambjentahjar.org/Form1.htm
And it seems like Din L-Art Helwa do not like the position regarding the interpretation of the Structure Plan viz Valletta Rehabilitation:
http://www.timesofmalta.com/articles/view/20100310/local/dlh-drops-out-of-rally-after-disagreements-on-valletta-project