Resettlement, repatriation and integration

Some immigrants leave their homeland to be reunited with family members in other countries. Others may wish to return to their homeland. Against this background, the Ministry for the Family and Social Solidarity, in collaboration with the Ministry for Foreign Affairs and the Ministry for Justice and Home Affairs, assists irregular immigrants to re-establish contact and, where possible, reunite with family members residing in other countries. It also supports and assists the safe return of irregular immigrants who wish to go back to their home country.

In parallel, compulsory repatriation of those who have no right to stay in Malta forms an integral part of Malta's migration management policy. Asylum seekers who have exhausted all legal remedies to their application under the Refugees Act are considered to be prohibited immigrants in terms of the Immigration Act and are detained in custody until such time as they are removed from Malta.

Irregular immigrants who are not eligible for refugee or humanitarian protection status are required to leave Malta. However, for humanitarian reasons, voluntary return will always be preferred to enforced return. Forced removal from Malta will only take place so long as there is no well-founded fear that any deportee faces serious danger to life or liberty, or will be subjected to persecution on reaching his or her destination. It is imperative that any repatriation is carried out with full respect for the safety and dignity of the individual concerned.

Changes in the international political climate, as well as changes in the local legal context, may lead to the withdrawal or non-renewal of refugee or humanitarian status. The repatriation of such individuals will follow the same repatriation procedures.

Since the repatriation and resettlement of irregular immigrants depends on the cooperation of third countries, their safe return relies heavily on diplomatic relations. The Ministry for Justice and Home Affairs therefore works closely with the Ministry for Foreign Affairs to open and maintain regular and constructive dialogue with those countries known to serve as points of origin or points of departure for irregular immigration. It also strives to build effective channels of cooperation with those countries offering resettlement schemes to those granted asylum status in order to facilitate the transfer of such people from Malta to their new adoptive country.

Malta's policy on resettlement is aimed at helping asylum seekers to settle in other countries either because they would like to be re-united with family members or relatives in those countries, or because they would prefer to live there.

Malta therefore actively seeks agreements with other countries, especially in the European Union, so that those who have been given asylum are enabled to resettle in other countries if they so desire and the host country is willing to take them.

As to integration in Malta, we are conscious that irregular immigrants leave their country of origin either to avoid persecution or in search of better opportunities in other countries. Some immigrants may seek to reunite with family members who have resettled in other countries while others need to start building a new future for themselves and their families. Despite their wish to give themselves a new start in life, immigrants often encounter difficulties in integrating in a new society because of differences of culture, language, lack of job skills and lack of funds to meet their basic daily needs. Irregular immigrants are also likely to have to face up to the challenge of being understood and accepted by the host society. Prejudices born of ignorance and misunderstandings abound.

The integration of third-country nationals legally residing in the EU has gained increasing importance. The Hague Programme underlines the need for greater coordination of national integration policies and EU initiatives in this area. It proposes a framework based on common principles, to form the foundation for future initiatives in the EU, relying on clear goals and means of evaluation.

The following common basic principles to underpin a coherent European framework on integration of third-country nationals have been adopted and A Common Agenda For Integration: A Framework For The Integration Of Third-Country Nationals in the European Union puts forward concrete measures for their implementation. The common basic principles, which Malta supports, lay down that:

Integration is a dynamic two-way process of mutual accommodation by all immigrants and EU residents.

Integration implies respect for the basic values of the EU.

Employment is a key part of the integration process and is central to the participation of immigrants, to the contributions immigrants make to the host society and to making such contributions visible.

Basic knowledge of the host society's language, history and institutions is indispensable to integration and enabling immigrants to acquire this basic knowledge is essential to successful integration.

Efforts in education are critical to preparing immigrants, and particularly their descendants, to be successful and active participants in society.

Access for immigrants to institutions, as well as to public and private goods and services, on a basis equal to national citizens and in a non-discriminatory way is a critical foundation for better integration.

Frequent interaction between immigrants and other citizens is a fundamental mechanism for integration. Shared forums, inter-cultural dialogue, education about immigrants and immigrant cultures, and stimulating living conditions in urban environments enhance the interactions between immigrants and citizens. The practice of diverse cultures and religions is guaranteed under the Charter of Fundamental Rights and must be safeguarded, unless practices conflict with other inviolable European rights or with national law.

The participation of immigrants in the democratic process and in the formulation of integration policies and measures, especially at the local level, supports their integration.

"Mainstreaming" (that is the provision of support which has been designed to serve everybody, rather than solely immigrants) integration policies and measures in all relevant policy portfolios and levels of government and public services is an important consideration in public policy formulation and implementation.

Developing clear goals, indicators and evaluation mechanisms are necessary to adjust policy, evaluate progress on integration and to make the exchange of information more effective.

In keeping, therefore, with the EU's Framework For The Integration Of Third-Country Nationals, Malta has devised an introductory programme that makes a concrete commitment to the process of integration of third-country nationals residing in Malta.

Integration is a dynamic two-way process. A sense of tolerance, understanding, acceptance and respect among citizens towards irregular immigrants needs actively to be fostered. However, it also requires the immigrants themselves to be willing to integrate with our basic European values, our language, history and institutions.

Malta is committed to raising civic awareness about the problems, obligations and the need for compassion and understanding of irregular immigrants. There has to be an ongoing campaign aimed at providing information and promoting better understanding of the human tragedy of the worldwide problems of refugees in general, and irregular immigration to Malta in particular. The government will not tolerate racism.

We recognise that public perceptions on such major and sensitive issues of policy are slow to change. The major increase in the number of irregular immigrants has led to an understandable period of turbulence which must be overcome. This will entail a lengthy process of education. It is the only way that the natural tensions that may have arisen can be defused and any fears or prejudices that may exist are assuaged. Malta is determined to fight racism whenever it raises its ugly head and to remove those concerns that give rise to misplaced xenophobia.

Concluded

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