For many years, several green NGOs and visiting tourists have been protesting vehemently against the appropriation of public land (spacium comune) by unscrupulous transgressors depriving “everyman’s right” of outdoor pursuits and the undeniable right to walk freely in open country to appreciate and enjoy our stunning natural environment. Regrettably, every day more and more erstwhile acknowledged public land, pathways, alleyways, notable historical sites and coastal zones along the length and breadth of the Maltese islands from Delimara Point in Malta to Ras il-Wardija in Gozo are being arbitrarily usurped and rendered inaccessible.

It is appreciated that genuine efforts have been made by the Land Department to reclaim accessibility to the countryside and coastal zones, however, ramblers and hikers are still encountering increasing hostility from presumed owners even when these follow what they consider to be a public path. A case in point is Is-Simblija, limits of Dingli, an area of exceptional scenic beauty, the site of a mediaeval settlement magnificently restored by the government assisted by EU funds. While visiting the area a few years ago I was sternly warned by a presumed “farmers’ representative” that the Simblija pathways were for the exclusive use of the farmers of the area. It is inconceivable such sites should be barred to hikers and trekkers let alone foreign visitors. But the real irony is that the drive to recover that which is lost threatens that which survives.

The past decade has seen a gradual deterioration in accessibility even at a time when the government, as a sign of goodwill, 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, the relevant ministry should ensure the speedy accessibility of public pathways illegally misappropriated for exclusive private use by their rightful owners, namely the people.

The Maltese countryside is littered with a sickening number of crude notices and warnings, most of which unauthorised: “Riservato”, Keep Out”, “Private Property”, “Danger”, “Beware of the Dog” are a common sight intended to deter or intimidate ramblers from walking on land that could belong to them. Access is sometimes barred to the cliff sides and foreshore even where paths are undeniably public. Obstruction in the form of concrete bollards, unauthorised gates, oil drums and barbed wire are all too common.

But how could one know whether a path is public or not? In most countries of Europe, Malta excepted, the safest evidence is the official “definitive map” of public rights of way available for public inspection at the offices of the Land Department and the local councils. Of course, the Ordnance survey maps of the locality have special editions identified as outdoor leisure, explorer, pathfinder and land ranger maps.

In all civilised countries closure of paths can only be carried out by the government or its legitimate representatives and certain procedures have to be followed, namely it must be advertised in a local paper; besides, notices must be displayed 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 Department of Land. Non-compliance with these laws incur very hefty fines.

Fully conscious of the deteriorating situation, the Ramblers’ Association of Malta on several occasions submitted its recommendations to the competent authorities perfectly in line with those outlined by the National Commission for Sustainable Development 2006-16, which state inter alia that: measures must be taken so that access to the coast is possible whether the land is private or government-owned (sec. 3.1.7); places that combine leisure with enjoyment of the natural environment could be a source of improved health and, therefore, accessibility to such places should be improved.

Due to various issues, the enjoyment of the countryside is very often seriously impaired with negative impacts also impinging on the tourist industry. It is, therefore, desirable that footpaths are identified in the countryside and false claims to land title checked. Paths that are abusively closed to the public should be opened. (sec. 3.1.11). These recommendations are fully endorsed by the Ramblers’ Association, which has been urgently requesting they are immediately implemented.