Establishing Ombudspersons for Future Generations on nation - PowerPoint Presentation

Slide1

Establishing Ombudspersons for Future Generations on national level

dr.

Sandor

Fulop

Phd

, former ombudsman for future generations, HungarySlide2

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

Slide3

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 expensesSlide4

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 prosperitySlide5

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 assessmentsSlide6

II. Academic research on FG representation – Halina Ward

points out the High-Level Panel on Global Sustainability

puts Para 86 into a historical context

r

e

-

evaluates

the doctrine of territorial sovereignty

SD as a code for “how do we keep the present game going?”Slide7

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 generationsSlide8

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, dignitySlide9

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) Slide10

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 statutesSlide11

III. Existing commitments – FG institutions

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

In preparation: Norway, Mexico, Belgium and The NetherlandsSlide12

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)Slide13

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.Slide14

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 themSlide15

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

)

ru

n

n

ing

interdisciplinary

research programs and

complex

legal-scientific

analyses

(2-3

annually

)

Slide16

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 network

s

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

.Slide17

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

difficult

ies

to

handle

(

holistic

,

transdisciplinary

approach

)

alternative

methodology such as clarification

and

networking (internal and external

);