The spring hunting referendum called as result of a citizens' petition and scheduled for 11 April will protect birds. It will honour a basic requirement spelt out in the EU's Birds Directive, which insists on this protection along the birds' migratory routes on the way to their breeding grounds.
The spring hunting referendum signifies different things to different persons.
It is first and foremost a concrete step in addressing a bird conservation issue which has been ignored throughout the years, despite Malta's international obligations. It will also facilitate access to the countryside for one and all throughout spring. In addition, it is also a democratic tool through which civil society stands up to the countryside bullies. When all three achievements are attained, and eventually taken for granted, there will be one lasting consequence: the spring hunting referendum will be the defining moment of empowerment of Maltese civil society. It will be the gift of present day civil society to future generations.
When addressing Parliament on the abrogative referendum on 12 January, Prime Minister Joseph Muscat recognised this fact and declared that the dominant role of politicians in decision taking is changing ("naħseb li bħala politiċi irridu nifhmu li l-proċess li wassal għal dan ir-referendum huwa sinjal taż-żminijiet. Huwa sinjal li d-dominanza tal-politiċi fit-teħid tad-deċiżjonijiet qed tonqos.")
On 11 April civil society in Malta will come of age.
11 April will be the point when civil society realises that, at the end of the day, it is the source of all authority in decision taking structures. 11 April can be the day when this authority is made use of to rectify past mistaken decisions. In so doing, civil society in Malta will be giving notice to one and all that ultimately the common good can and will prevail.
When the petition calling for the abrogative referendum on spring hunting was doing the rounds, some thought that it was just another petition, which would be forgotten as soon as it was submitted. However, when the Constitutional Court delivered its decision on 9 January giving the green light to the first abrogative referendum in the Maltese Islands, the message was received clearly by one and all.
11 April means that change is possible. Moreover, it also means that change does not depend on general election results. The dormant authority of civil society is being reactivated.
Last Wednesday, a group of jurists led by former European Court of Human Rights Judge Giovanni Bonello explained to the press that the spring hunting referendum posed no threat to any hobby. In practically all cases which were listed in a study released by the group of jurists, it is evident that the abrogative referendum itself cannot even be applied to the said hobbies. Most hobbies are unregulated, meaning there is no legislation of relevance to abrogate. In this respect, the abrogative referendum procedure is not applicable!
As regards other hobbies like horse racing, the manufacture and letting off of fireworks and off-roading, existing laws and regulations specify who the licensing authorities are and the rules to be followed. Subjecting these rules to an abrogative referendum would mean that these activities would be unfettered by regulations, if a hypothetical referendum were approved. That could not in any way be construed as a threat to such hobbies or pastimes.
The jurists were replying to the scaremongering campaign of the hunting lobby.
It is pretty obvious that the hunting lobby is not enthusiastic about citizens being empowered to call an abrogative referendum and decide, where applicable, contentious issues. They prefer to discuss issues behind closed doors, where they can lobby and barter their votes for concessions. This is what they did throughout the years and this is the essential background to the present state of affairs.
This is the reason why some months back the hunting lobby petitioned Parliament to overhaul the referendum legislation. In their petition they asked for protection of some imaginary "minority rights" which the Constitutional Court, on 9 January, declared as being inexistent.
On 11 April, we will for the first time ever vote in an abrogative referendum called through a citizens' initiative. We will decide whether we agree or not with the regulations which permit hunting of quail and turtledove in spring on their way to breed. I do not agree with spring hunting and will be voting 'NO'.
I invite you to join me in voting 'NO', thereby abolishing spring hunting in Malta for the benefit of birds and future generations.
Mr Cacopardo is an architect and civil engineer and Deputy Chairman of Alternattiva Demokratika - The Green Party in Malta. [email protected], http://carmelcacopardo.wordpress.com