PRESS RELEASE

Hungary’s Green Ombudsman puts environmental futures at the heart of decision-making

A unique environmental watchdog role – protecting the rights not just of present generations but also future ones – will be explained tonight (25^th February) at the Ministry of Justice in London.

 What lessons can the UK learn from the role of the Hungarian Parliamentary Commissioner for Future Generations, Dr Sándor Fülöp? Should we be considering a similar role to protect the interests of the most excluded – those who are yet to be born? 

In 2007, the Hungarian Parliament created a new independent watchdog – the ‘green ombudsman’ – to safeguard the constitutional right of Hungarian citizens to a healthy environment.

In his speech tonight (25^th February) to an invited audience of lawyers, non-governmental organisations, academics and civil servants, Dr Fülöp will focus on lessons learned from his first year and a half in office:

“Since it began its work, my office has received more than 1000 complaints; most of them concerning local and regional environmental problems. I and my staff have participated in legislative consultations on over 50 draft legal acts. And we have taken part in or organised more than 200 conferences, stakeholder or scientific meetings.

 We have found that these activities place the office of the Parliamentary Commissioner for Future Generations in a unique position to map Hungary’s most topical environmental problems.”

FDSD Director Halina Ward, who has co-organised tonight’s event, adds:

 “We all know that electoral cycles can drive short-term thinking at the expense of long-term vision. And short-termism can hamper the efforts of our elected leaders to take bold steps to protect the environment and secure a high quality of life for future generations.

 Hungary’s Green Ombudsman approach is one way to help secure that elusive mix of political leadership, expertise, citizen responsibility and grass-roots mobilisation on the key environmental and social issues of our time. We need to think about what we can take from that, and what more might be needed here in the UK.”

 Peter Kellett, Chair of UKELA, also a co-organiser of the event, says:

 “There are still major challenges in environmental regulation and enforcement here in the UK. We have in many ways been progressive in designing and championing environmental laws and in enabling their enforcement through the Courts, but we have much to learn from our neighbours.

 I am delighted that UKELA members have this opportunity to reflect on insights from a major Central European country, Hungary, whose constitution guarantees the right of its citizens to a clean and healthy environment“

 ENDS

 Note to editors:

The Green Ombudsman Dr Sándor Fülöp, and FDSD Director Halina Ward are available for media interviews and comment. Press enquiries: press@fdsd.org. Telephone: +44 (0)7825 164996.

In May 2008 the Hungarian Parliament elected environment lawyer, academic and former public prosecutor Dr Sándor Fülöp to become Hungary’s first Parliamentary Commissioner for Future Generations for a six-year term. The Commissioner for Future Generations is one of four Parliamentary Ombudsmen, with others addressing civil rights, data protection and freedom of information, and the rights of ‘national and ethnic minorities,’ respectively.

The UK already has an Information Commissioner (dealing with data protection and freedom of information) and four Children’s Commissioners (working to promote the views and best interests of all children and young people). But there is no direct equivalent of the Commissioner for Future Generations.

The Foundation for Democracy and Sustainable Development (www.fdsd.org) is a UK-based charity founded in 1983. FDSD’s mission is to develop resources to equip democracy to deliver sustainable development.

The UK Environmental Law Association (www.ukela.org.uk) aims to make the law work for a better environment and to improve understanding and awareness of environmental law.

Dr Sándor Fülöp has degrees in law and in psychology. Between 1984 and 1991 he has worked as a public prosecutor at the Metropolitan and the National Chief Prosecutor’s Office. He also served, until his election as Commissioner, as the director of Hungary’s principal non-profit environmental law firm: the Environmental Management and Law Association (EMLA). In this capacity, Dr Fülöp participated in the drafting of the 1998 UN ECE Convention on Access to Information, Access to Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Between 2002 and 2008 he was a member of its Compliance Committee. Dr Fülöp has also been a university lecturer in environmental law since 1997

Halina Ward is Director of the Foundation for Democracy and Sustainable Development. Before joining FDSD, she was Director of the Business and Sustainable Development Programme at the International Institute for Environment and Development (IIED) in London. She has also worked as a Senior Fellow at the Royal Institute of International Affairs (Chatham House) and as a solicitor practising commercial environment law.

Peter Kellett chairs the UK Environmental Law Association.  He works in the Environment Agency for a team that seeks to improve environmental regulation. 

Halina Ward reflects on the potential relevance for the UK of Hungary’s unique ‘Green Ombudsman’ role: the office of the Parliamentary Commissioner for Generations. This piece was originally published in the November issue of the electronic journal of the UK Environmental Law Association, e-law.

download
(382kb)

One answer is to point to existing examples of innovations designed to help parliaments to integrate long-term thinking into their decisions.

There are three examples and one idea that I want to highlight here.

In Israel, the Knesset passed legislation to enable the creation of a Commission for Future Generations, a non-political entity which operated from 2001 until 2006.

The Commission’s functions lay in four areas: providing opinions on bills, secondary legislation and regulation of concern to future generations; providing parliament with recommendations on any matter the head of the commission (called a Commissioner) considers to be of importance to future generations, and providing parliament with advice on matters of special interest regarding the future generations.

Former Deputy Commissioner Nira Lamay writes that “Our motto was that while the political world was busy with issues of defence and war, we would prepare for the “day after” peace, when future generations would have clean water to drink and clean air to breathe”.

According to a post by one blogger, Uzi Benziman, the demise of the Commission may have stemmed from the nature of its challenge to ‘business as usual’ politics: “[t]he institution ceased operating because the tenure of the first commissioner, retired judge Shlomo Shoham, ended, and influential people in the Knesset argued that the commission was unnecessary, ineffective and wasted public funds.

Regardless of whether there was merit to these arguments, the commission’s demise suggests that the Knesset could not bear its existence: The MKs are affected by day-to-day events and tangible interests, and a body that considers the broader horizon bothers them.”

The Finnish parliament’s Committee for the Future is charged with carrying on an “active and initiative-generating dialogue with the Government on major future problems and means of solving them”.

The Committee’s brochure acknowledges that “since the problems of the future and above all its opportunities cannot be studied through traditional parliamentary procedures and work methods alone, the Committee has been given the specific task of also following and using the results of futures research. Indeed, the Committee can be said to be making policy on the future, because its goal is not research, but rather policy.”

The Committee was established in 1993 on a temporary basis and acquired permanent status in 2000. Its seventeen elected members are all parliamentarians. The Committee for the Future’s reports include several on the future of democracy which are invaluable resources in their field.

Another of the Committee for the Future’s responsibilities is to prepare Parliament’s response to the Government’s Report on the Future during each electoral period. The theme of the futures report covering the parliamentary term 2007–2011 is climate and energy, putting the Committee on track to make a further contribution to strengthening democratic processes for sustainable development.

Most recently in Hungary, Parliament decided in 2007 to establish a new independent watchdog function; the Parliamentary Commissioner for Future Generations (also known as the ‘green ombudsman’), whose role is to safeguard the constitutional right of Hungarian citizens to a healthy environment.

The independent Commissioner, who is elected by Parliament but is not a parliamentarian, is one of four Parliamentary Ombudsmen. Others deal with civil rights, data protection and freedom of information, and the rights of national and ethnic minorities.

There are three pillars in the Commissioner’s work: investigating complaints relating to a broad range of environmental issues; acting as a policy advocate for sustainability issues across all relevant fields of national and local legislation and public policy; and undertaking or promoting research projects targeting the long term sustainability of human societies.

In the UK, independent watchdog the Sustainable Development Commission (SDC) works to put sustainable development at the heart of government policy. The SDC has shortlisted the notion of a ‘Congress for the Future’ as one of nineteen ‘breakthrough ideas’ for sustainable development selected following an open competition.

A recent SDC report introduces the idea of a Congress for the Future in the following way:

“Imagine… the UK with long-term thinking enshrined at the heart of our democratic processes, raising awareness, creating political space, and generating action on the biggest issues of our time. The Congress for the Future is a way of giving adequate attention to the long-term in what has become an overwhelmingly short-term political world. It will act as a counterweight to that short-termism and to the media-inspired ’something must be done’ quick fixes. Without such a mechanism, is there any way that we can use sustainable development to tackle issues like prosperity, peak oil or climate change?”

The basic idea, says Sustainable Development Commissioner Lindsey Colbourne, “is to create a special Congress, convened by Parliament every year, to help build broad agreement and provide direction on long-term questions. One or more issues in need of public debate will be put before each Congress, either by the Government of the day or by MPs in response to public petition. Randomly-selected citizens and stakeholders will then engage with the issues in an informed, deliberative process, supported by a secretariat to monitor progress”.

Very different approaches, but each concerned to ensure long-term thinking within the democratic process. The fact that there have already been real innovations in this area is encouraging: we don’t need to start from scratch.

Further inspiration is available in a report from Harvard Law School’s International Human Rights Clinic. It’s called Models for Protecting the Environment for Future Generations, and it was published in October 2008.

The Parliament has been working with WWF Scotland in a Climate Change Project which gave children an opportunity to learn more about Scotland’s changing climate in the light of the Climate Change Bill which was then going through the Scottish Parliament. The Bill received Royal Assent on 9th August 2009 and is now the Climate Change (Scotland) Act 2009.

We are pleased, with permission from the Scottish Children’s Parliament, to provide a link to a video produced as part of that project. In it, members of the Scottish Children’s Parliament give their views on climate change and how to tackle it.