Malta 'too tough' on migrants, says human rights chief

You can't hide behind a legal bureaucratic argument while letting people die - Frattini

Europe's human rights chief and a top EU commissioner yesterday criticised Malta for being too tough on illegal immigrants trying to reach Europe by sea from Africa.

All governments should take seriously their individual responsibility for humanitarian assistance to irregular migrants, Thomas Hammarberg, the Council of Europe's Commissioner for Human Rights, said in a statement.

"My office is grateful for the swift humanitarian response by Italian and Spanish crews and would hereby urge the Maltese authorities to soften their stance on providing assistance to irregular migrants whose lives are in danger," he added.

European Justice Commissioner Franco Frattini said he would be requesting a formal undertaking from Malta at a meeting of EU home affairs ministers on June 11 that it would not allow a repetition of the infamous tuna pen incident.

In an interview with La Repubblica, Mr Frattini said: "The obligation to save lives at sea comes from international tradition that no country has ever violated in such a manifest way".

Accusing Malta of ignoring its responsibilities, Mr Frattini added: "You can't hide behind a type of legal bureaucratic argument while letting people die".

The Maltese government has argued it is not obliged under international law to take in migrants if they are in Libya's search and rescue area.

The EU was providing help through a marine patrol force around Malta, Sicily and Libya to be launched later this month and Malta had to do its bit, Mr Frattini said.

The chorus of disapproval has been growing and the UN High Commission for Refugees and the international press have been highly critical of Malta's stance towards illegal immigrants, especially in the wake of the tuna net case.

Last week, 27 shipwrecked Africans spent three days clinging to tuna nets in Libyan search and rescue waters as Malta urged its North African neighbour to rescue them. They were eventually picked up by the Italian navy.

Malta refused to allow a Spanish tugboat to land another 26 immigrants on grounds that they were picked up in seas that fall under Libya's responsibility. They landed in Spain on Saturday.

A French navy ship found 21 bodies floating south of Malta on Friday just days after the Maltese authorities said they had lost contact with a boat photographed carrying over 50 African migrants.

A Maltese patrol boat recovered 29 migrants on Saturday from a boat drifting 84 miles off the island's coast. It was the umpteenth rescue operation carried out by the Armed Forces of Malta this year.

In an official statement yesterday, the government denied the "false and completely incorrect" allegations levelled against Malta by certain media organisations regarding the events surrounding the French vessel's recovery of the bodies.

"At no time did Malta refuse entry into port of the French navy warship with the corpses," the government insisted, providing a detailed sequence of the events. The government said the comments by Mr Hammarberg were in reaction to incorrect reports in the international media, insisting that Malta always carried out its international search and rescue region obligations.

"In exercising these obligations, the government has and will remain sensitive to the needs of these migrants and anyone in distress at sea.

"While the government of Malta remains committed to honour its responsibilities in full compliance of international law, it cannot, however, become the policeman of the Mediterranean. Malta cannot assume responsibility for those areas where it does not have, and cannot have, any rights of jurisdiction.

"The Maltese armed forces shall, in the meantime, continue to provide their search and rescue services to the best of their capabilities, and will continue to work in full collaboration with neighbouring states' rescue and coordination centres, according to international conventions and agreements."