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The right to access nature

Broadcast United News Desk
The right to access nature

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In the midst of the many debates about tourism data during the peak summer tourist season, two issues have come to the fore. These seemingly unrelated but real issues recur with little variation at the same time of year. They are about the many fires, which nature itself, dryness and heat, and in large part due to human irresponsibility, have caused, despite the heroic actions of firefighters, are difficult to extinguish due to insufficient government resources.

These factors have led to huge damage to an important part of humanity’s most valuable asset – nature, and it will take time to recover. At the same time, we find that a considerable number of holidaymakers, Albanians and foreigners, in order to quench their thirst, collectively turn to other parts of nature, such as the coast and beaches, but they are in conflict again, this time with people’s greed for victory, who grab everything they can use to make a profit at this moment. Their behavior does not deprive many people of their right to access or free access to the beach.

This greed is often exacerbated by similar appetites of local governments, which, like unscrupulous individuals, look for opportunities to give public spaces to private management, with the aim, of course, of generating revenue. In this context, we are faced with two aspects, on the one hand the social responsibility of Albanian society to protect nature is catastrophic, on the other hand the central government and especially the local governments are still unclear and primitive in the management of nature. . Therefore, it is not just amateurism, for the truth of all governments, but more importantly the lack of a sensitive and responsible civilization towards nature as an interest for all.

Why is it so confusing?

All these problems and other similar ones related to natural resources are part of a panorama in which the state and the general population still do not have a clear reference point to locate and reconcile private and public demands and proposals to give everyone the opportunity to freely access nature, both on the coast and in the mountains. To be honest, the latter is not a big problem yet, but the coast often turns into a nightmare. So basically, Albania lacks what many Western countries, especially northern countries, have called in recent decades the “right to nature”, or in other words “the right to access nature”. This concept is therefore about giving everyone, without exception, a fair and just opportunity to freely enjoy nature everywhere. We are dealing with a universal good, such as tangible nature for everyone. This right does not have a purely philosophical nature, as a pleasure or sport to walk in nature, and it does not even constitute a political dogma, as is usually expressed in parliament when talking about concrete or the lack of green spaces in Albanian cities.

It is a right that has become a legal concept recognized in the legislation of advanced Western countries in the form of a “Nature Code”. A series of laws breaks down the concept of fundamental rights of citizens, as well as other fundamental rights that have been recognized worldwide. The recognition of such a legal concept is naturally the starting point for any government or community action, and on the other hand, it certainly recognizes the obligation of citizens to keep clean and not destroy nature. Both sides of the coin are placed in front of a comprehensive legal system, which creates opportunities for everyone to access nature, but also obligations towards nature, which are indicators of a high level of social responsibility of individuals and good governance. According to the specific situation of some countries, such as France, which has 73% of the country’s forests, the legislation aims to combine the protection of nature, respect for private property and access to private property for all.

This means that even private property, such as the owned forest in this case, can be opened to the public under certain conditions, unlike the barbaric practices on the beaches of our country, where private individuals are the ones who control the forests. The public. Even this country itself borrowed the concept of freedom to approach nature from another country, such as Sweden, which is generally considered an ideal country, where the right to approach nature, or more precisely, the freedom to approach nature, is already fully guaranteed and is guaranteed by the responsibility of individuals to protect unspoiled nature. However, in Albania there are quite positive individual legal initiatives, such as a moratorium on hunting of wild animals, which are really positive actions based on these principles. But this is still very little. Everything related to nature needs more clarity, or an directional compass.

The lack of such a concept, as explained above, means that in the management of nature, even the central government, and especially the local governments, do not proceed from the belief in it as a complex legal right, but rely on municipal concepts. The tendency is to divide the ownership of nature in order to generate income. Do not speak of patronism on this occasion, because it is completely foreign to what we are talking about. On the other hand, the level of society is still growing at an alarming rate and it will not change if the acquisition of the essence and rights of society by each person does not begin and be introduced as an integral part of social education, transforming it into an ultimately responsible social level. The value of preserving this wealth is, according to Hippocrates, “the best medicine of nature for man”.

Nowhere is this attitude more ideally exemplified than on the beaches of coastal areas, where, almost every year, police are forced to use force to liberate the few public beaches from private encroachment.

If we start from the concept of respecting a fundamental right known as the right to access nature (or right to nature), then public beaches in Albania are sufficient and freely accessible to all citizens, since their rights are recognized by law, while private ones are restricted and specific.

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