The background

Migration is a world-wide phenomenon and a human tragedy on a global scale. Human rights violations, the breakdown of public order, uncertainty and instability brought about by fragile economies, inequitable distribution of wealth and resources, religious extremism, political repression, violent conflicts and natural disasters, as well as a desire to achieve a better economic standard and quality of life, will continue to displace millions from their homes. Many of those who have been displaced will resort to irregular means of gaining access to states in their search for security.

The United Nations High Commissioner for Refugees estimates that about a quarter of the world's 20 million displaced persons are of African origin who are either seeking to escape persecution or are looking for a better economic future in Europe.

Irregular migration to Malta has increased significantly over the past few years. As a result of its geographic position at the crossroads of the Mediterranean and at the southern-most point of Europe, Malta has experienced a steady and increasing influx of irregular immigrants and asylum seekers. It has become one of the principal southernmost gateways into the European Union.

Irregular migration has been triggered either by a well-founded fear of persecution because of race, religion, nationality, political opinion or membership of a particular social group, or as a result of some natural disaster. Large numbers of people also migrate for economic reasons, choosing to leave their homeland in search of employment and a better future in another country.

In this series of four articles I propose to explain how Malta is attempting to deal with the challenges posed by irregular immigration. This article will set the scene by explaining the background to our current problems. The second will deal with irregular immigration and the national interest. The third will address the international perspective and the last will deal with repatriation, resettlement and integration.

I should highlight at the very start that it is most heartening that on a matter of such national importance there is consensus between the government and the opposition on all the major issues.

Before 2002, in the absence of a national mechanism to deal with claims by asylum seekers, applications for refugee status in Malta were received, processed and determined by the United Nations High Commissioner for Refugees in Rome and his decisions were subsequently implemented by Malta. However, in 2000 Malta enacted the Refugees Act. Besides defining the rights and duties of asylum seekers and refugees, this Act, which came into force on October 1, 2001, also provided for the establishment of the Office of the Refugee Commissioner and the Refugee Appeals Board in Malta.

The Office of the Refugee Commissioner became fully operational on January 1, 2002. Since then, this office has considered many hundreds of cases and, as a result of this process, eligible asylum seekers have been granted either refugee or humanitarian protection status and are thus, in terms of the Refugees Act, allowed to reside in Malta.

As a signatory to the 1951 United Nations Convention Related to the Status of Refugees and to other thematic conventions, as well as a result of membership of the International Organisation for Migration, Malta is fully committed to fulfilling, insofar as it is practicable and feasible to do so, its international obligations in terms of the reception and assessment of asylum seekers. Moreover, Malta has also signed and ratified a number of other agreements affecting its policies towards irregular immigrants.

Malta's objectives in dealing with the problems posed by irregular immigration are clear-cut. They are to ensure that: The paramount national interest is safeguarded, including enhanced security measures and border control.

There is fair, just and humane treatment of irregular immigrants.

Standard procedures and practices when dealing with asylum seekers are established.

The social inclusion of asylum seekers and the subsequent integration of those eligible for refugee status is encouraged.

The orderly removal of irregular immigrants who are ineligible for refugee or humanitarian protection status is implemented expeditiously, effectively and in a humane manner. The actions which Malta takes to meet these objectives and to deal with irregular immigration are inevitably constrained by the limited human and financial resources available. Nevertheless, it is Malta's policy to take every practicable step possible, within the resources allocated, to meet all its obligations and responsibilities.

In the course of these four articles, I shall be referring to a number of different terms. It may aid the reader's understanding to become familiar with some of the key terms below:

The Refugee Convention - the 1951 United Nations Convention Related to the Status of Refugees defines refugee status and their basic rights. Asylum seeker - an asylum seeker is someone who asks another state to recognise him/her as a bona fide refugee and to provide him/her with protection and material assistance.

Refugee - a refugee is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable to or, owing to such fear, unwilling to avail himself/herself of the protection of the country.

Refugees cannot be forced back to a country where they may face persecution. Refugees must be given safe asylum. Their new home country must offer the same rights and basic help as would be given to any other legal resident.

Irregular immigrant - an irregular immigrant, or undocumented immigrant, is somebody who has been refused admission to Malta and who is therefore deemed not to have legally entered national territory. All immigrants refused admission into Malta, or issued with a removal order in terms of the Immigration Act after they have been apprehended for irregular or illegal entry or stay, are detained until they can be removed from national territory.

Protected humanitarian status - this status is granted to asylum seekers coming from countries whose nationals are automatically entitled to humanitarian protection. As they have a prima facie claim to protection they are granted "protected humanitarian status" before their claim is finally determined.

Economic migrant - an economic migrant is somebody who seeks to live in a country other than the one of his/her birth motivated by economic reasons and to seek a better quality of life.

Countries of origin - the countries of origin are those source countries in which irregular immigrants have been born and from where they left initially.

Transit countries - transit countries are those countries through which irregular immigrants have transited prior to their arrival at the destination country.

Destination countries - destination countries are those countries in which irregular immigrants ask to settle.

Mr Scicluna is adviser to the Minister for Justice and Home Affairs on irregular immigration.

Part II: Illegal immigration and the national interest.