Establishing Ombudspersons for Future Generations on national level

dr. Sandor Fulop Phd, former ombudsman for future generations,

Hungary

Content

I. The age when humankind has trespassed its planetary boundaries II. Research on intergenerational justiceIII. Existing legal and policy commitments on FG representationIV. Mandate, structure and resources of national level FG institutionsV. Additionality

I. The age when humankind has trespassed its planetary boundaries – threats

• the system of ecological catastrophes, Planetary Boundaries

• the balance between our heritage vs. our legacy

• approaching the age of shortage, pandemia and wars

• measuring GDP, discounting the future expenses

I. The age when humankind has trespassed its planetary boundaries – hopes

• intergenerational justice and intra generational justice

• the stories of the astronomist and the biologist

• a new holistic world view • more genuine forms of seeking happiness and

measuring prosperity

II. Academic research on FG representation - WFC

• democracy and human rights as preconditions of intergenerational justice

• focussing on the institutional representation of FG: independent, legitimate, transparent, has access to information, receives public complaints, makes integrative assessments

II. Academic research on FG representation – Halina Ward

• points out the High-Level Panel on Global Sustainability

• puts Para 86 into a historical context• re-evaluates the doctrine of territorial

sovereignty • SD as a code for “how do we keep the present

game going?”

II. Academic research on FG representation – Harvard, Vermont

• aboriginal peoples approach on intergenerational justice

• approach of historical churches• from the existing legal instruments to concrete

sugggestions on coherent legal solutions• the „right” language• guardian, ward, trustee ombudsmen • public participation and future generations

III. Existing commitments – policy declarations

• the campaign run by the Custeau Foundation with 9 million signatures in 106 countries

• the UNESCO Declaration of the Responsibilities of the Present Generations Toward Future Generations, (1997 Paris)

• maintenance and perpetuation of humankind • freedom of choice, human rights, dignity

III. Existing commitments – international laws

• Convention Concerning the Protection of the World Cultural and Natural Heritage (1972)

• the 1968 African Convention on the Conservation of Nature and Natural Resources

• Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992)

• North American Agreement on Environmental Cooperation (1993)

• UN Framework convention on Climate Change (1992)• the ASEAN agreement on the Conservation of Nature• (1985) Stockholm Convention on Persistent Organic Pollutants

(2001)

III. Existing commitments – constitutions

• Bolivia, Japan, Norway, Hungary, Estonia, Czech Republic, Poland, Switzerland, Iran, Argentina, Brasil and many more

• 5 US state constitutions (Alabama, Colorado, Hawaii, Illinois, Montana)

• 9 major US federal statutes and in many of the state statutes

III. Existing commitments – FG institutions

• New-Zealand, NJ, Israel, Hungary, Wales, The Philippines, Finland, Germany, Malta, Montenegro

• In preparation: Norway, Mexico, Belgium and The Netherlands

III. Existing commitments – courts

• ICJ decisions: Denmark v. Norway (1993), the Gabcikovo-Nagymaros (1997) case and the Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (1996)

• national courts: the 1991-94 Opposa Minors v. Secretary of the Department of Environment and Natural Resources, Hungarian Constitutional Court: non retrogression principle (1994)

IV. Mandate, structure and resources – complaint office

• local, regional, national environmental conflicts (in H. with 10 m dwellers, average development levels, 100-150 substantial environmental conflicts a year: 20 lawyers with part time help from 10 experts could handle that)

• A living connection to local communities: reliability, transparency and accountability.

IV. Mandate, structure and resources – legislative advocacy

• monitoring drafts of the acts of the Parliament, of the decrees of the Government and of the relevant ministries (40-50 significant issues a year)

• Methodologically it is important that the same 20 lawyers work on them

IV. Mandate, structure and resources – think tank function

• networking with science and the media• supporting the most important topics such as

climate resilience, sustainable local communities, alternative indicators (10 experts with the part time help of the lawyers)

• taking part in conferences (150 per year)• media appearance (1000-1000 electronic and hard

copy ones)• running interdisciplinary research programs and

complex legal-scientific analyses (2-3 annually)

IV. Mandate, structure and resources – effectiveness factors

• deliver messages to the decision-makers about the facts of SD• break through short-termism, inertia, fear and mass

psychology defence mechanisms and also interest driven manipulation

• make people learn from individual and community experiences, handle time dimensions and form the cognitive schemes and emotional preparedness necessary to all of these

• bypass the mass media with the help of the interactive social media, with transparent information networks

• keep fighting with the manipulative messages about consumerism, technical omnipotence etc.

V. Additionality

• additional moral strength • a proper understanding and effective coping

with the reasons of social, political, national and global inertia

• topics the existing institutions have difficulties to handle (holistic, transdisciplinary approach)

• alternative methodology such as clarification and networking (internal and external);