Good governance of the environment – Alex Torpiano

Governance is one of the nine demands made by local environmental NGOs and this requires reforms at two levels.

At one level, we need constitutional reform, so that article 9 in chapter II ‒ that imposes the obligation on the state to “safeguard the landscape and the historical and artistic patrimony of the nation” and to “preserve and conserve the environment and its resources for the benefit of present and future generations... and to promote, nurture and support the right of action in favour of the environment” ‒ does not remain a toothless statement of principles.

Article 21 says: “The provisions of this chapter shall not be enforceable in any court but the principles therein contained are nevertheless fundamental to the governance of the country...”

While the principles of protection of our natural and built heritage are well declared, the mechanisms of oversight of government and its agencies, meant to enact laws and regulations keeping in mind these principles, are not clear.

There is divergent legal opinion on whether the provisions in the constitution are sufficient to enable citizens to take legal action if these principles are violated as a result of any legislation...