CASH replies to objections filed in court against spring hunting

The Coalition for the Abolition of Spring Hunting have submitted their replies to the objections filed last month in the Constitutional Court by hunters' federation FKNK against a 41,000-strong petition calling for an abrogrative referendum on spring hunting.

"The Coalition looks forward to a hearing in the Constitutional Court, which will make the final decision," spokesperson Romina Tolu said.

"The Coalition also encourages people to get informed and to be involved in this democratic process, as it is only with the support of 41,494 persons that signed the petition that this stage has been reached and together it will finally be possible to stop spring hunting in Malta once and for all."

In their replies, CASH said the derogation from the EU’s ban on spring hunting was a concession and not an obligation arising from Malta’s Accession Treaty.

“Had his obligation existed as interpreted by the two hunting associations, there is no doubt the obligation in question would between Malta and other nations, in an international law context – certainly not groups of individuals.”

The judgments and conventions cited also deal with international obligations between treaty signatories and all point to the fact that the Bern Convention, like the Birds Directive, is intended to safeguard a framework of obligations assumed by states towards each other.

CASH also claimed that the FKNK’s application jumps to the baseless conclusion that hunting qualifies as a cultural right and describes as ironic the assertion by the hunting federation that the referendum, should it take place, would “contaminate democracy”, when “a referendum is the greatest expression of democratic free will sanctioned by the constitution and European Convention on Human Rights.

“By no stretch of the imagination can one equate hunting with a fundamental right”.

The replies were presented by the proposers of an abrogative referendum to abolish spring hunting to respond to objections filed by representatives of the FKNK, Joe Perici Calascione and Lino Farrugia, as well as separate replies to respond to the objections presented by representatives of KSU (Kaċċaturi San Ubertu) Mark Mifsud Bonnici.

The Coalition for the Abolition of Spring Hunting is formed by 14 environmental organisations in Malta to rally support, and lobby for an abrogative refrendum on Spring Hunting.

Green Party - Alternattiva Demokratika - chairperson Carmel Cacopardo said: "This marks the beginning of the last stage which leads to a precise date for the holding of the referendum, which would abolish hunting in spring once and for all. The Constitutional court has around three months to hear the oral submissions of the interested parties and to then decide on the admissabity of the referendum request. By the end of January, at the latest, we should know the outcome."

Alternattiva Demokratika Chairperson, Prof. Arnold Cassola, said: "We at AD are proud that since our foundation in 1989 we have been consistently working to abolish spring hunting. We are proud to have worked closely with other environmental organisations to make this dream come true.  We would like to thank again all those that signed the petition since - in the absence of any government action - through their signature they exercised their rights in such a way as to be able to give the opportunity to all the Maltese people to decide on the issue through their vote in a referendum. This is a democratic expression of the highest kind."