Repubblika urges criminalisation of environmental damage, welcomes proposed constitutional amendment

NGO Repubblika has welcomed the PN’s motion enshrine environmental protection in Malta’s Constitution, but said that the law must go further, calling for environmental damage to be criminalised, allowing civil society to act on behalf of the environment in Court and hold perpetrators accountable, even when no direct human harm is evident.

In a statement Wednesday, Repubblika welcomed the PN’s motion to introduce the right of every person to enjoy a clean, healthy, and sustainable environment, and welcomed the support of several environmental organisations for this amendment.

It said that draft bill proposes that this human right (not an obligation to safeguard the environment itself) is recognised.

“It is positive that the draft bill removes the need for an individual filing a Court complaint to first show that they personally suffered harm, before a Court can consider any damage done to the environment,” Repubblika said.

It said, however, that the draft should also make it clear and possible to take action without the need to show that the damage caused to the environment had had an impact on humans.

“We also believe it would be better if environmental damage were punishable through criminal procedures without needing to prove any consequences for humans,” it said.

The NGO said it had already made this argument in the Strategy and Anti-Corruption Manifesto it published in 2024.

“We believe that environmental protection is a collective responsibility of humanity, and when damage is done to the environment, those responsible should face the consequences,” Repubblika said.

It continued that ecocide should be criminalised, and that in cases against individuals accused of harming the environment, it must be possible for civil society organisations which actively promote and safeguard the environment to act on behalf of the environment as the victim, as well as bring cases for prosecution, and represent the environment as a civil party in criminal courts.

“The environment is a victim of organised crime, money laundering from criminal activity, corruption, and the corrupt and criminal complicity of the State in the harm inflicted upon it,” Repubblika said.

It also said that the Constitution already recognises the State’s obligation to “protect and conserve the environment for the benefit of present and future generations, and to take measures to address any form of environmental degradation in Malta.

“However, for reasons we do not understand, the Constitution itself provides that this obligation is not enforceable in Courts. It is our view that this obligation of the State, directed directly towards the environment, should be enforceable and enforced,” Repubblika said.

The NGO said that piecemeal amendments to the Constitution do not benefit the completeness of this fundamental contract between the State and its citizens.

“The country has been waiting since 2012 to keep the promise of a National Convention to discuss the Constitution, and that the time has come for an effective, broad, and holistic consultation with the entire community,” Repubblika said.