BirdLife Malta has filed a court case challenging the decision – taken by the Ministry for Gozo and the Environment Ministry – to open a spring hunting season in April 2022, on the Vulnerable European Turtle-dove (Gamiema).

BirdLife Malta said in a statement that it is challenging this decision, asking the Court to declare this practice as illegal, with a view to end the hunting of Turtledoves in spring once and for all. European directives are the highest level of law for every EU Member State, superseding also the national Constitution, the NGO noted.

“As a European Union Member State, Malta has the obligation to adopt and abide by all the EU Directives including the European Birds Directive. This Directive is clear in stating no birds can be hunted during spring, a time when birds are heading towards their breeding grounds,” it said.

“While it allows for an element of derogation, this is heavily controlled and it is clear that hunting species that are of a Vulnerable status breaches the European Birds Directive. Following the 2015 referendum, the Turtle-dove’s status continued to weaken and it was declared by the International Union for Conservation of Nature (IUCN) as Vulnerable,” it added.

The NGO noted however that this did not affect the Maltese government at that time, and hunters were still allowed to kill Turtle-doves in spring. In fact, when Malta opened its last spring hunting season for the Turtle-dove prior to the self-imposed moratorium in 2016, the European Commission had set the wheels in motion to initiate legal action against Malta.

This was shelved by the Commission once the Maltese government created the moratorium.

Earlier this year, during the electoral campaign prior to the March General Election, Minister for Gozo Clint Camilleri and then Environment Minister Aaron Farrugia both proclaimed and promised, more than once, that Turtle-doves will be hunted again in the following spring seasons. After the election, the moratorium was revoked and this paved the way for the Government to open a spring hunting season for Turtle-dove once again, the NGO noted.

“In view of this scenario, although there are indications that the European Commission is considering opening an Infringement Procedure against Malta, BirdLife Malta feels it has an obligation to also fight such illegalities at the national Law Courts,” the NGO said.

BirdLife Malta CEO Mark Sultana stated: “The national Law Courts have the responsibility to safeguard the values of the European Directives. They cannot transfer this responsibility onto the EU Courts, especially when EU citizens and civil society demands it. Malta’s Courts can always ask the European Commission to act as a court expert, to explain why such a hunting season during the breeding season on a bird species which is scientifically proven to be in a Vulnerable status, breaches the European Birds Directive. No small amount of birds shot can justify this derogation, let alone a political decision that aims only to appease those that promised their votes.”

BirdLife Malta is being legally represented and assisted by lawyers Mark Soler and Claire Bonello.

The news comes only days after the court revoked a guardianship agreement which saw the government, through the Lands Authority, handing over control of the Mizieb and Ahrax reserves to the hunting lobby the FKNK.

The decision to hand the land to the FKNK had prompted outrage from environmentalists, especially as the discussions were done in secret and without public consultation or parliamentary discussion, and prompted a group of NGOs taking the matter to court.

That matter was resolved this week when Judge Lawrence Mintoff found that the Land Authority had not followed established procedures, meaning that the agreement was declared null and void.