The ombudsman must become a tool for promoting citizen participation in the protection of environmental rights, ensuring respect for major environmental principles in public service practices, stated the Kingdom’s Mediator, Mohamed Benalilou, in Tashkent.
In a speech delivered at an international conference held in Uzbekistan from February 22 to 28, Mr. Benalilou noted that the general practices of public services regarding environmental protection and the mechanisms they provide to guarantee environmental rights “are not yet clear and may not be sufficiently effective.”
The multiplicity of stakeholders in the field of the environment and the complexity and instability of the control system risk exacerbating problems rather than resolving them, he argued, adding that although the Charter of the Environment is part of the constitutional and legislative arsenal of states, it does not guarantee sufficient protection of the environment.
Examining the issue of environmental rights from the perspective of “ombudsman institutions,” given their independence and neutrality, reflects the will to protect these rights, freeing itself from administrative considerations and procedural complexities, while remaining insulated from political fluctuations.
Given that many environmental rights are often poorly understood by citizens, Mr. Benalilou advocated for the innovative expansion of the scope of action of ombudsman institutions to defend these rights.
According to him, the time has come to outline the mission of protecting environmental rights in the actions of ombudsman institutions.
Convinced that preserving the basic environmental conditions that ensure the survival of future generations constitutes the minimum responsibility that the ombudsman must assume, the Kingdom’s Mediator emphasized that the real issue goes beyond the simple notion of the public interest. In this context, he highlighted the need to avoid “conflicts of interest,” particularly those where the general environmental interest competes with other public interests.
The independence of ombudsman institutions would allow them to emerge as an “independent environmental authority,” capable of enforcing laws and promoting environmental governance, assessing the adequacy of public policies and public service practices related to environmental legislation, he continued.
To achieve these objectives, Mr. Benalilou stressed the need to adopt international ombudsman principles in the interpretation and implementation of its competencies, integrating an environmental dimension in line with the new generations of human rights.
He emphasized that the future of environmental rights depends on the ability of ombudsman institutions to quickly adapt to the form and nature of these rights in the context of fluctuating public policies, calling for reflection on a “new generation ombudsman” with a clear understanding of the requirements of environmental rights, taking into account the competencies of various human rights defense organizations.
He concluded that the path to a future guaranteeing environmental rights depends on making bold, innovative, and decisive decisions regarding environmental protection.