Presentation Transcript

1. Establishing Ombudspersons for Future Generations on national level

   dr. SandorFulopPhd, former ombudsman for future generations, Hungary
2. Content I. The age when humankind has trespassed its planetary boundaries II. Research on intergenerational justice III. Existing legal and policy commitments on FG representation IV. Mandate, structure and resources of national level FG institutions V. Additionality
3. 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
4. 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
5. 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
6. 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?”
7. 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
8. 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
9. 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)
10. 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
11. 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
12. 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)
13. 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.
14. 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
15. 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)
16. 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.
17. V. Additionality additional moral strength a proper understanding and effective coping with the reasons of social, political, national and global inertia topics the existing institutionshavedifficultiesto handle (holistic, transdisciplinaryapproach) alternative methodology such as clarification and networking (internal and external);