Malta in resettlement talks with another three states

The government is holding talks with another three countries in an attempt to reach a refugee resettlement agreement, after a promise by The Netherlands to accept some refugees from Malta and a pledge of help by the Czech Republic earlier this month, Home Affairs Minister Tonio Borg said.

Help is on the way and Malta's plea for burden sharing seems to be getting positive feedback, he insisted, adding however that there was a long way to go.

Detention centres reached saturation point on Sunday with 200 immigrants landing in one day and forcing the authorities to host them in tents until new detention facilities are completed, hopefully within the next few weeks.

"There is nothing we can do but host these people in tents," Dr Borg told The Times on Sunday evening.

The detention situation has become more serious with the number now well over 1,400. However, the problem is not limited to the detention centres. Attention is now shifting to the open centres which, in the coming months - as fewer immigrants land due to bad weather and more detainees are released - will need to accommodate more and more people.

The Times asked Minister Borg whether he was happy with the EU's attitude in this respect.

"I had criticised the EU publicly in an interview with the Financial Times but things are moving on now. The agreement with Holland is an example.

But that is a bilateral agreement, not an EU initiative.

"Yes, but it was announced at the Newcastle EU council meeting which raised the awareness of other countries. That agreement really broke the ice. In fact, we are now holding talks with another three countries, besides the Czech Republic. I cannot mention the countries by name because talks are ongoing and I wouldn't want to jump the gun."

Pressed about the input at an EU Commission level and the fact that a consultation document issued by Commissioner Franco Frattini speaks about reducing the period of detention but not how the EU can help Malta speed up the screening process, Dr Borg cautions: "Commissioner Frattini has answered our request to set up an emergency fund. Furthermore, he also pointed out three existing funds, which we are now looking into.

"We can tap the funds for aid with joint repatriation schemes, for help with open centres and the integration of recognised refugees. The European refugee fund, for example, provides some €500,000 for work related to the open centres. We have applied for money under this scheme.

"In summer we obviously process less applications than the number of people entering the country. There are some 1,200 immigrants in open centres at the moment, double what we have usually, an absolute record and this is expected to grow significantly as the number of people coming in subsides and the screening process starts catching up."

"Another fund, the European Return Fund, we are hoping will help finance joint repatriation schemes, which are quite costly. We have already taken part in such a flight, at our own expense though.

But what about the consultation document? The minister concedes: "I agree with you, albeit only in part, that the document in some respects places new burdens on Malta without offering a counter balance. However, an essential part of the Commission's proposals, which are very relevant to Malta's situation, were not placed under the spotlight.

"The package has three parts, the first related to the integration of refugees. We know that a certain number of refugees will remain in Malta so in that case we have to make sure that these people are integrated into our society, otherwise we would end up having a ghetto, with the problems that would bring with it.

"Secondly, the package proposes, and this is something everyone seems to have glossed over, the regional protection programme whereby the EU helps countries of origin to improve and therefore make it less desirable for people to flee these countries. There are two regions earmarked, one of which is the horn of Africa, which is where Malta's immigrants come from. Our problem is mainly with sub-Sahara and the horn of Africa.

"Only about five per cent of immigrants who reach Malta are refugees proper under the Geneva convention. The rest are mostly economic migrants, although there is an additional group which, although not politically persecuted personally, come from troubled regions. Malta is obliged to harbour these people until matters settle in their country.

"With regard to your question, it is important to note that this is a proposal," he said. "I anticipate that the mention of lowering the detention limit to six months will have a rough ride at the EU council, for example. Besides, I already said that Malta would be opposing it. How can Malta accept to have such a rule when it is virtually impossible to screen a person in under six months? There is a limit on how much you can shorten the process."

Recently Malta hosted a conference on illegal immigration attended by the EU and Libya. The outcome was a 16-point document but nothing concrete.

"This is the start. Let's see where we left from. We had a situation of cold war, where Germany wanted payment for a terrorist attack it suffered before it opened talks with Libya; where the British had the Ivon Fletcher issue and the US... everyone knows about the US's position.

"Mr Frattini, to his merit, because his predecessor did not succeed, managed to open a dialogue with Libya, with the help of Malta and Italy. Last June's conference was touch and go. I agree that the outcome was not spectacular but the opening of this dialogue is historic. There will be a follow-up meeting at the end of the month in Malta. I don't know what we will manage to achieve. I hope we manage to reach something concrete. There is nothing concrete other than the fact that we are talking but the fact that there were two meetings is positive.

"At the end of the day, Libya is a sovereign state, which has different interests to the EU's. There still is a bit of resistance on their part and to a certain extent it's understandable. We are insisting with the Libyans to have a similar repatriation agreement to that of Italy in view of the good relationship we have with Libya."

It seems that the historic relationship we have with Libya is not serving us well, as demonstrated by the recent problem with the fishing conservation zone and the lack of agreement on repatriation. In both cases Italy got there before Malta, I suggested to Dr Borg.

"I would not put it like that; there is no war with Libya... Libya has its own problems. If they take 300 immigrants as had happened with Italy it would be of great help. We have nothing problematic pending with Libya other than the fishing conservation zone, which is relatively recent, and Foreign Affairs Minister Michael Frendo will be bringing up the matter in his upcoming visit.

"Furthermore, Libya has never denied the possibility that they will agree to a repatriation agreement. If you look at the recent interview the Libyan Ambassador gave to your newspaper, he had said that he was hopeful that there will be a solution. Now obviously he is going to be diplomatic - he cannot show that it's not a problem for Libya to reach such arrangements. Even we resist repatriation with Italy even though there is an arrangement."

The Opposition Leader was heavily criticised recently for saying that the national interest comes before human rights. The Financial Times recently reported Dr Borg saying that Malta was considering suspending its international obligations. Was not that the same thing?

"I never said that the government would be suspending its international obligations. What I said was that in an emergency situation all options are open."

Asked whether that includes the option to suspend obligations towards immigrants, Dr Borg replied: "What I said has to be taken in the context of what the international law allows.

"Certainly, I was not saying that the government is contemplating ignoring a distress signal from a boatload of people having difficulties at sea. However, what happens after the people have been rescued? There we can have a look at the law and see what we can do and how we can lessen the burden in terms of who takes them and what is done with them afterwards."

So would he agree with automatic repatriation? Sending immigrants back without screening their request for asylum?

"No, I actually found the comment Gavin Gulia gave your newspaper during an interview on the same subject quite amusing. He said something to the effect of automatic repatriation but at the same time safeguarding human rights. It's either one or the other. Having said that, I agree that we should reach an agreement with Libya as soon as possible for the repatriation of those who are obviously abusing the system."

Asked about his refusal to allow journalists access to detention centres and about issues of accountability linked with the running of detention centres, Dr Borg insists on his position: "It is not the business of the press to enter detention centres, including prison. This does not mean that the press should not be allowed in to give a picture of what is going on and to have an educational campaign against xenophobia."

Did he not think that a planned visit would be equal to a school outing? What about accountability?

"I don't want to go to war with the press but I am seeing to the interests of the public and the interests of the people manning these centres. They are already heavily burdened as it is, let alone if they had to tend to journalists as well. Besides, when it comes to accountability I think we can set up a board such as there is in prison; a board of independent members, which checks the conditions of the centres and the people detained there every so often.

Will the press be given direct access to these people, without interference from the Ministry or any other authority?

"Yes."