Over the past decades, Malta has distinguished itself on the international plane as a leading advocate of the rights of future generations. In his historic address to the UN General Assembly on November 1, 1967, Ambassador Arvid Pardo, Malta's permanent representative, outlined the concept of the Common Heritage of Mankind, which was later embodied in the UN Convention on the Law of the Sea (1982). This concept established the obligation of all nations to manage the seabed on behalf of the whole of mankind, which is collectively entitled to share the benefits of marine resources. This obligation was specifically intended to safeguard the interests of unborn generations.

A number of distinguished Maltese academics and other personalities have contributed to the articulation of the debate on intergenerational justice and solidarity and to the promotion of the idea of appointing a Guardian for future generations. The guardian, it was proposed, would act as a supranational entity under the auspices of the United Nations. Malta reiterated this proposal prior to the Rio Earth Summit in 1992.

Our country was also active in the drafting of the UNESCO Declaration on our Responsibilities towards Future Generations (1997). Through its conferences and publications, the Future Generations Programme of the University of Malta contributed extensively to a better understanding of the ethical basis of justice and solidarity between living and future generations and to developing further the idea of establishing the office of a Guardian under international law.

The role of the Guardian would be that of actively promoting the interests of the "voiceless" future generations before institutions and of advocating their rights when decisions being taken have long-term consequences that affect them negatively. In a general way, the "guardian" (whether a person or an institution) would promote sound and well-informed future-oriented, cross-sectoral planning and decision-making.

Various initiatives aimed at institutionalising intergenerational justice and solidarity are underway in a number of European and Mediterranean countries. In Finland, a Parliamentary Committee on the Future plays a crucial role in advising Parliament and the government on issues that affect future generations. In 2001, the Israeli Knesset (Assembly) appointed a Commissioner for Future Generations to protect and advocate the rights of future generations at a parliamentary and governmental level.

In Hungary, the campaign to appoint an Ombudsman for future generations was taken up by non-governmental organisations and has registered significant success.

At the moment, a group of young members of the Bundestag from across the political spectrum are finalising a motion calling for the inclusion of a clause on intergenerational justice in the German Constitution.

Notwithstanding Malta's steadfast commitment to the idea of the Guardian on the international level, there have not been any concrete attempts to realise this idea on a national level. The initiatives in other countries indicate that should we ever have a supranational Guardian, the effort would have to be sustained by the institutionalisation of intergenerational justice in different countries. Malta should certainly not lag behind. The National Strategy on Sustainable Development, in draft form, includes a proposal to appoint a Guardian on the National Commission on Sustainable Development (NCSD), set up under the Environment Protection Act of 2002. This is clearly a step in the right direction. The strategy document also suggests the creation of an executive arm of the NCSD in order to enable it to better fulfil its functions.

Further recommendations on the current version of the document, which should be discussed at Cabinet level in due course, suggest that the Commission itself should act as the institutional "guardian" for future generations and that the promotion of intergenerational solidarity should be included in the terms of references of both the commission and its secretariat.

Malta now has the opportunity to implement its long-standing suggestion to the international community in domestic policy and institutionalisation. Let us hope our legislators and decision-makers are still in the right frame of mind to "think globally and act locally". Local action will hopefully lead to global action.

Mr De Lucca teaches philosophy at St Aloysius College. He is a former member of the NCSD and is associated with the Berlin-based Foundation for the Rights of Future Generations.

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