'Generous with deserving, tough on the others'

A wide-ranging document on illegal immigration published by the government yesterday contains "generous" policies for foreigners who deserve protection but confirms the authorities' tough stance against those who do not warrant it.

The document consolidates all rules, regulations and policies relating to illegal immigration, refugees and integration - with a few amendments.

The policy of detention, often a point of contention with NGOs, remains unchanged, though the document argues against equating detention centres with another form of imprisonment.

The document, launched by Home Affairs Minister Tonio Borg and Social Solidarity Minister Dolores Cristina, will be discussed during a national conference on illegal immigration at the beginning of next month, following which a national policy document on the subject will be drawn up.

A total of 1,388 illegal immigrants landed in Malta last year, up from 502 in 2003. About 700 people are repatriated to their home country every year and some 1,300 are currently living in open centres.

Dr Borg said the aim of the document was to establish parameters to ensure the impartial, fair and humane treatment of illegal immigrants and to introduce standard procedures and practices.

The document also seeks to reintegrate refugees and those who are entitled to humanitarian protection.

He said the policies were "generous with those who deserve protection and tough with those who don't".

Several initiatives, regulations and codes of conduct will now be introduced for open centres, the buildings that house refugees, and those migrants who have obtained humanitarian protection.

Dr Borg warned that the problem of illegal immigration was quickly shifting to open centres and, to this effect, the government has decided to start housing refugees at the former Marsa school.

The document emphasises the need to examine all refugee applications in the "shortest possible time" and that each is examined objectively and impartially.

Vulnerable immigrants, like children and pregnant women, would not be held in detention but would be given accommodation in alternative premises.

Delving into the controversial issue of detention, the report stipulates that illegal immigrants should not be detained for a period longer than is "administratively necessary".

The period of detention should not exceed 18 months. Illegal immigrants would have a right to ask for provisional release if they feel their detention period is unreasonable.

Forced expulsion from Malta will only be permitted once it is established that the illegal immigrant would not face serious danger to his life or liberty or if he would suffer from persecution on his return.

The Home Affairs Ministry will install liaison officers in Consulates of Malta who will be responsible for holding dialogue with those countries of the immigrants' origin.

A clause in the report urges those responsible for detention centres to promote a sense of trust in the authorities and in the legal process detainees have to face.

The media will only have restricted access to detention centres in order to "protect potential refugees" and their families back home.

But the document encourages full cooperation with NGOs, since they could provide moral and emotional support to illegal immigrants and also act as a link with government entities.

The Social Solidarity Ministry will be responsible to establish an identification method to ensure that the administrative procedures are expedited as quickly as possible.

The same ministry will be responsible to ensure that education, training and, where possible, work and accommodation is provided to immigrants.

Asked whether the document seeks to mitigate the ever-increasing feeling of racism against illegal immigrants, Dr Borg said he felt the government had drawn up the most logical regulations.

"Being too liberal would create irrational reactions against those that deserve protection. Even though we have no public manifestations, sadly there are still many that spread words of racism."

Ms Cristina added: "We always have to bear in mind that these people have gone through a traumatic time".