Recent developments concerning a guardian for future generations in a Maltese context may revive Malta’s long-standing initiative for a world guardian for future generations. Such a guardian or entity would not have a decision-making role but would represent future generations at regional and world fora where processes/projects affecting them would be examined.
The rationale for this proposition is that future generations are disadvantaged in two major ways: they are subject to the long-term consequences of present human actions and they cannot speak for themselves. A voice for future generations, the guardian would argue on their behalf on matters affecting the earth’s material and cultural resources (including those found in the global commons) and involving transnational as well as national corporations.
Arising from a Unesco idea I launched way back in 1979 to have a universal declaration (eventually approved by Unesco‘s General Conference 20 years later) on the rights of future generations to be secured by a guardian, the project for the creation of such a post or entity was examined at an ad hoc high-level international conference convened in 1997 by Unesco and the Foundation for International Studies at the University of Malta, themed ‘Future generations and international law’.
Following that conference, leading scholars and statesmen (Arvid Pardo, Elisabeth Mann Borgese, Sidney Holt, Jacques Cousteau, Federico Mayor, Mario Soares) and major institutions (the universities of London, Tunis, Budapest, Southern California, Beijing and Tokyo) embraced the concept and a draft instrument thereon was drawn up by Maxwell Bruce, providing the basis for subsequent approaches on the issue to the United Nations.
Unesco delegated the Foundation for International Studies to pursue the project, the foundation setting up a Future Generations Programme with its own journal (later entrusted to the Rev. Prof. Emanuel Agius, now dean of the Theology Faculty at the University of Malta).
Malta has been in the forefront for the creation of a UN guardian since the 1980s
After 2012, the Fondation de Malte, our private family entity, took over responsibility to advance the proposal.
Malta has been in the forefront for the creation of a UN guardian since the 1980s and previous prime ministers (Eddie Fenech Adami and Lawrence Gonzi) on different occasions argued for the establishment of such a post both at the UN in New York and when they addressed the UN International Conference on Environment and Development in 1992 and 2012.
Malta’s formal proposal for the creation of a Guardian for Future Generations was first tabled at the UN by the Maltese delegation to the United Nations Conference on Environment and Development Preparatory Commission (Group III) in 1991.
At the time, the UN response was rather lukewarm. But, in 2013, the Secretary-General himself recommended that, eventually, a Commissioner for Future Generations be created. Given that Malta had pioneered the initiative, it was suggested that Malta present a draft resolution for the UN General Assembly. It is understood, though, that Malta has been advised to allow more time to do so.
Malta has already tested the ground to see if the UN would be prone to the creation of such a guardian through an existing organ. The ‘dormant’ Trusteeship Council appeared to be a good and ready-made vehicle, a proposal made by the late Guido de Marco. The UN Secretary General, desiring to curb UN expenditure, was not enthusiastic as he felt that the abolition of the council could result in savings to the organisation.
Aware of the situation and wishing to take the lead, the EU may consider creating rapidly such an EU position, thus showing leadership in global ethical responsibilities. On April 22, 2015, the World Future Council, MEP Benedek Javor and myself convened a meeting in Brussels to examine the proposal, which was well received. An ad hoc informal meeting of the EU Parliament is expected to take place this summer.
Apart from giving a credible example at home, Malta should once more be in the forefront of this promising regional and global initiative for the good of humankind.
Salvino Busuttil is a former head of Unesco’s human settlements and socio-cultural environments division.