Ever since Prime Minister Joseph Muscat launched the 2017 election campaign he has been tirelessly on the move explaining the numerous and substantial achievements of the Labour Party in government over the past four years;  achievements in the economy, social services, education, health and employment.

For the first time since 1981 we have had a surplus of €100 million in our budget with the lowest unemployment levels while we recorded the highest reduction in carbon dioxide emissions. Effectively this means that a Labour government has managed to decouple the successes we are achieving in our economy from being delivered at the expense of the environment.

During the one year I have been minister responsible for the environment I had the opportunity of participating in a number of international meetings related to the environment, climate change, circular economy and participated in a number of negotiations with the pinnacle being the agreement on the carbon market reached by the Council of Ministers last February.

This was indeed a major challenge since notwithstanding the importance to adopt rules crucial to reducing greenhouse gas emissions in line with the Paris Agreement on climate change, many countries saw this as a threat to their economic well-being and were thus resisting this agreement; an agreement that had been under negotiations for a number of years.

Our commitment to a healthy environment has been a determined one as was evidenced with the introduction of the Public Domain Act, the launch of the low-carbon economy strategy vision document, our launch of the Natura 2000 management plans and our establishing the Nwadar Park – a nature park with over 900 tumoli of land.

An amendment to the Constitution requiring a two-thirds majority establishing the human right to a healthy environment cannot be merely lip service as the norm of the Opposition leader when talking about principles. The Labour Party in government puts into practice its principles and converted principles into strategy and into law.

This is not to say that mistakes have not been made or that we could have done more and better but our heart is in the right place and we are committed to continue on the path and strengthen our resolve.

The announcement by the Prime Minister to introduce into our Constitution the human right to a healthy environment is another major step in this direction as was Joseph Muscat’s commitment that no major public projects will be built on ODZ.  For some, these pledges were erroneously considered as tokenism, but I beg to disagree, for such an introduction of the human right to a healthy environment will provide a clear constitutional basis for the law. To entrench environmental rights in our Constitution is a tangible step that fosters national unity for we are all united behind our Constitution.

The first formal articulation of this right came in 1972 in the Stockholm Declaration that emerged from the first global earth summit. This right removes any constitutional uncertainty about environment protection that has from time to time undermined our Environment Protection Act.

While International and European law is essential in establishing norms, the reality is that most of the action to protect and fulfil rights occurs at the national level. Within countries, a constitution is the highest and strongest law, as all laws, regulations, and policies must be consistent with it. A constitution protects human rights, sets forth the obligations of the state, and restricts government powers.

David Boyd, the author of The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment, says: “On a deeper level, constitutions reflect the most deeply held and cherished values of a society.” They are, as one judge described it: “The mirror of a nation’s soul.”

Would constitutional recognition of environmental rights and responsibilities make a difference in Malta?

Experience has shown us that each time we have amended our Constitution to add a new right or responsibility, progress to put into practice that right has been constantly registered.

The Constitution is our highest law and any law or regulation has to be consistent with it. Thus without removing or weakening the responsibilities of legislators and politicians, there would now be a moral obligation towards the State and its Constitution.

I am quite sure that the rationalisation programme effected by the Opposition party whenin government and which saw the loss of an area 11 times the  area of Senglea of ODZ being transformed into development zones could have been deemed unconstitutional. This constitutional statement will without doubt lead to increased consensus on matters pertaining to the environment.

In some of the most important policies and legislations that I introduced during the past four years I consulted withOpposition members to seek convergence for the benefit of our nation.

I did so with the Public Domain Act, the Integrated Maritime Policy and I do so with any policy and legislation that will impact our environment.

Nations with green constitutions have smaller ecological footprints and have reduced some types of air pollution up to 10 times faster than nations without environmental provisions in their constitutions. This is possible because such an introduction in the Constitution strengthens the rights and responsibilities of every citizen towards the environment. This is even more so for every member of Parliament who on being elected takes a solemn oath towards the protection of the Constitution.

Indeed enshrining human rights for a healthy environment is not a magic wand that would instantly solve the environmental and ecological challenges faced by a country so densely populated and is doing significant economic progress that will raise the bar for every citizen’s right to improved the quality of life.

It is within this perspective that one has to look at Muscat’s commitment not to carry out public developments on ODZ land, having first stated that it is a new Labour government’s intention to introduce the human right to a healthy environment in our Constitution, he then took his first commitment.

We have a number of environmentally ambitious projects that need to be implemented in the near future; projects that will make us make sustainability of our actions a priority and resulting in changes that would make Malta a greener, cleaner, wealthier, healthier, happier nation in the long run.

As the preamble to the French Environment Charter puts it: “The future and the very existence of humanity are inseparable from its natural environment,” and “the preservation of the environment must be sought at the same level as the other fundamental interests of the Nation.”

José Herrera is Minister for Sustainable Development, the Environment and Climate Change