Global migration and the international perspective

Malta is inevitably a participant in the process of globalisation. It will continue to experience migratory flows for several more years, although the exact scale of the problem is not easy to predict.

Immigration brings social, cultural and demographic changes within any society. The trends and characteristics of irregular migration vary, both in terms of the individuals concerned and in the patterns of their irregular entry.

Malta encounters three types of irregular immigrant. There are those who enter the country legally, but remain beyond their authorised stay. There are others who arrive in Malta without the proper documentation. Thirdly, there are those - the majority - who arrive in an irregular manner, either deliberately or after finding themselves in distress at sea to be rescued by the Maltese coast guard authorities, the Armed Forces of Malta. Most irregular immigrants apply for refugee status.

Due to its strategic position, exposed coastline and size, Malta is more vulnerable than any other European country to irregular migratory flows in the Mediterranean. Moreover, the Maltese islands are characterised by their small size (316 square kilometres), a high population concentration of 1,200 people per square kilometre - the highest density in Europe by far, and one of the highest in the world. These characteristics not only underscore the country's physical limitations, but also result in a range of unique social, cultural and economic challenges.

The arrival of one illegal immigrant in Malta is pro rata equivalent to the arrival of 140 immigrants in Italy and to 150 immigrants in the United Kingdom or France. At a time when Malta's resident population is experiencing a natural growth as a result of a longer life expectancy and a slowly rising crude birth rate, the influx of many hundreds of irregular immigrants each year is bound to exert considerable pressure on the country's human, financial and economic resources.

Malta's commitment to international organisations has long been established through its active participation in the United Nations, the Organisation for Security and Cooperation in Europe, and their branch organisations and, since 2004, the European Union. Malta acceded to the 1951 United Nations Convention relating to the Status of Refugees on June 17, 1971 and the 1967 Protocol on September 15, 1971.

Moreover, Malta has signed and ratified a number of agreements affecting its policies towards irregular immigrants, such as the European Agreement on the Abolition of Visas for Refugees, the UN Convention against Transnational Organised Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air. On November 18, 2003, Malta also joined the International Organisation for Migration.

Within this international framework, Malta has adopted the following policies:

To honour its international obligations within the context of its national security and social and economic conditions.

To exploit to the full the opportunities arising from membership of international organisations so as to better carry out its obligations.

To support international, bilateral and multilateral programmes addressing the issue of illegal migration at the country of origin. This includes support for democracy, civil rights, economic development and cooperation with these regions.

To support plans for technical aid to countries of transit to enhance their border control capacity, the dissemination of information on proper channels of migration, the dissemination of information on the risk of illegal migration and voluntary return programmes and resettlement schemes in cooperation with countries of origin.

To encourage networking between national authorities and international organisations and between countries of origin, transit and destination to curtail opportunities for human traffickers and prevent the human tragedies resulting from such practices, as well as providing safeguards and channels for genuine asylum seekers.

To undertake initiatives to strengthen diplomatic contacts with countries traditionally known to have a resettlement policy for third country nationals, so that recognised status holders in Malta can benefit from such schemes.

In the context of the EU, Malta is in a most vulnerable position since its geographic location places it directly along the migration path of those fleeing Africa and Asia in search of a better future in Europe. The influx into Malta of irregular migrants on a major scale gives rise to the need for the support and assistance of the EU since the issue is a matter that inevitably affects all member states to a greater or lesser extent. Cooperation is essential to ensure equitable burden sharing and support.

Within the framework of the EU's external affairs policies, partnerships with third countries are a key component in dealing with irregular immigration. These efforts focus both on the supply as well as on the demand side of the equation, dealing with the countries of origin and of transit, as well as the destination countries. Thus, besides having in place readmission agreements and effective border control strategies and procedures, other fundamental issues such as long-term development aid, economic cooperation, and the safeguarding of human rights policies must also be addressed.

While committing itself to extending support and protection to all those who are shown to be genuinely fleeing from persecution, Malta adopts strict measures to repatriate those illegal immigrants who do not qualify for asylum. Malta will continue to seek to exploit those opportunities brought about by membership of the EU.

Malta also actively participates in regional fora, such as the Home Affairs Ministers of the Western Mediterranean Forum and the Cooperation Process in the Western Mediterranean. These aim to promote effective cooperation through Foreign Ministers on questions of common concern, including irregular migration issues, in order to identify solutions to political and security issues of mutual interest.

The development of closer political and economic cooperation with its neighbouring Mediterranean countries is of particular importance to Malta. International dialogue plays a vital role in preventive action. In this regard, Malta endeavours to encourage the adoption of a holistic approach to the problems of irregular immigration that embraces coordinated measures in the countries of origin, the transit countries and the destination countries. It also aims to strengthen diplomatic relations with countries known to be a source of irregular immigration and to negotiate repatriation agreements. It cooperates with neighbouring countries in joint activities to enhance the surveillance of the illegal transport of immigrants as close as possible to the departing ports with the objective of returning such vessels to the country of departure.

The vast majority of irregular immigrants who arrive in Malta start their sea journey from the Libyan coast. Meaningful contacts have been made with the Libyan authorities who are determined to curb the trafficking and smuggling of human beings.

Libya understandably claims that it is as much a victim of the phenomenon of irregular migration as any other European country bordering the Mediterranean. The data collected indicates that though most of the irregular immigrants arriving in Malta leave the Libyan coast on their way to the European mainland, almost none are Libyan nationals. Most come from the sub-Saharan region and, having entered Libya, proceed to Europe by crossing the central region of the Mediterranean sea.

The fight against irregular migration is a priority issue since Malta will not tolerate human trafficking. The exploitation of thousands of people, who are often exposed to life-threatening conditions during their trip in small open boats across the Mediterranean, has to be stopped. In order to deter this illegal activity, Malta amended its Criminal Code in 2002 so as to provide long-term imprisonment and heavy fines for persons convicted of being involved in this type of criminal activity. It has also strongly advocated the introduction of joint maritime patrols between the EU and Libya to deter criminal human smuggling from North African shores.

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

Part IV: Resettlement, repatriation and integration of immigrants.