Wednesday, 23rd April 2008 - 12:29CET
UPDATED: Government disappointed by CoE report on racism, intolerance
(Updated: Adds comments and recommendations by the Council of Europe commission)
The Maltese government had strongly rebutted allegations made in a report by the European Commission against Racism and Intolerance (ECRI) of the Council of Europe.
The members of the commission visited Malta in July and a report of their visit has just been presented to the government.
The Commission in its report said that Malta’s detention policy had resulted in negative consequences not only on the respect of the rights of the persons concerned but also on the perception of these people as criminals and the levels of racism and xenophobia among the general population.
“These perceptions have been sustained by a public, and notably political, debate around irregular immigration in which human rights and human dignity have generally not been in focus. Irregular immigration has also provided the platform for the development of organised right-wing extremist groups. Irregular migrants, asylum seekers, persons with humanitarian protection and refugees remain vulnerable to racial discrimination in accessing different services and to exploitation on the labour market, where they are predominantly employed illegally.
"The legal provisions against racist expression, racially-motivated offences and racial discrimination are not yet fully applied and there is still little awareness of the need to actively monitor racism and racial discrimination in order to identify and address these phenomena properly.”
The commission said Malta’s perception of itself exclusively as a transit country for immigration has negatively affected the Maltese authorities’ ability to devise integration measures for persons who may end up staying for long periods of time in the country," the commission said.
It recommended, among other things, that the Maltese authorities commit to a process aimed at identifying non-custodial alternatives for reception of irregular migrants.
While the current detention policy is maintained, it recommends that they improve the conditions of detention and provide these persons with learning opportunities.
ECRI also recommended that the Maltese authorities promote a more balanced debate on immigration that reflects the human rights dimension of this phenomenon. It furthermore recommended that the Maltese authorities improve the implementation of the provisions in force against racism and racial discrimination through: training and awareness-raising measures for the judges and police; awareness-raising measures for potential victims of discrimination and strengthening the independence of the National Commission for the Promotion of Equality.
The government in a reply said the ECRI had not fully appreciated the scale of the crisis faced by the smallest EU Member State with one of the highest population densities in the world, as a result of the steadily growing wave of illegal immigrants from North and sub-Saharan Africa.
“International law recognizes the right, or perhaps more appropriately, the duty especially in view of Malta’s accession to the Schengen acquis, of each state to determine which foreign nationals may enter and remain on its territory; and to return those it refuses to their countries of nationality.
“In this regard, one fails to understand why ECRI fails to recommend stronger border controls and makes no reference to the option of the illegal immigrants` repatriation,” the government said in a reply to the commission.
“Whilst Malta is fully committed to offer all possible protection and support to all those who are deemed to be in need of such assistance, at the same time it is determined to return back all those whose application for asylum is not accepted. Otherwise the asylum system’s sustainability would be put at risk.”
The government said it was also concerned that the ECRI report seemed to be quite lukewarm in supporting the burden-sharing concept especially by the European countries which ultimately are the intended destination of the irregular immigrants arriving at Europe’s border states.
Furthermore, the ECRI report showed disrespect towards Malta`s democratic institutions, including Parliament, the judiciary and the free press. It made more than 30 references to anonymous sources, which did not increase this report’s credibility, and a large number of recommendations which was inappropriate to Malta`s particular circumstances.
The ECRI mission did not make any request to visit the detention centres, which it nonetheless criticizes at length and in detail.
“ The Government would like to recall a few facts about these centres. For example, every effort is undertaken by the Maltese authorities, obviously at substantial expense, so that as far as possible, centres are regularly provided with cleaning materials. However, and unfortunately, cases have been registered whereby certain detainees refuse to take on the task of keeping their accommodation up to the desired hygienic level,” the government said.
“Likewise, maintenance at the centres is carried out on an ongoing basis, but sometimes vandalism and lack of interest shown by a minority of the immigrants contribute towards the degradation of physical conditions.
“Moreover a medical team provides services at each centre five times a week; in addition, the detainees have access to regional health centres and the general hospital on the same basis as Maltese nationals. Furthermore, the Board of Visitors for Persons in Detention, set up recently, monitors detention centres and investigates any claims of maltreatment made by immigrants.”
The government said it was confirming its commitment to do anything possible, within the constraints imposed by available resources, to improve the situation of the irregular immigrants arriving on Malta’s shores, who would continue to be treated in a humane and dignified manner .
“At the same time, it is disappointing to note that ECRI showed disregard for Malta’s vital national interest and the will of the people; and had a certain tendency to view the efforts being undertaken in this area in a somewhat negative manner. “
The reports can be accessed on the website of the Ministry for Justice and Home Affairs www.mjha.gov.mt.
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Comments
First of all, our authorities will have to determine 1) whether they are lying 2) where they really are coming from and 3) whether they are to be granted asylum or 'temporary' status. Those who are not in bona fede (the majority) will do their utmost to prolong step (1) by giving false information. It is also ridiculous to think that Malta logistically has people that can understand all African languages and dialects. Even when african ambassadors, or staff, came from Italy for this identification purposes, illegals may, and they do, refuse to co-operate.
So the lengthy process is all the immigrants' blame.
After 6 months prolonging, they are released. And even if most of them officially fail the asylum process, they are not being sent back. Mainly due to lack of direct flights, as it seems that such people cannot be sent home via transit. So, except some North Africans, most of the sub-saharan Africans are stealing there way here. And 'temporary' is meaning permanent.
Eventually, this issue is not one of religion. All Africa is also in turmoil. Most of it want to cross Europe. A percentage of this 'most', which is high by our limitations, will end up here. With the Dublin II and lack of burden sharing agreements (which will never come no matter how much one dreams), it means that they are stuck here. Those who make it to the mainland are also caught and sent here.
This sandwich situation for Malta cannot continue. Our govt. should seek agreement with the Libyan government such that on saving them, they will be flown there directly, ie from the departing point.
By the way, one should stop mentioning ridiculous suggestions such as hosting them in our homes or empty houses. That is out of the question.
Since you mention the UK, have you heard about the latest report on the issue that sounded alarm bells in that the social welfare system is now in danger? You honestly think that the UK economy that now has become almost entirely dependant on the provision of high end services especially in finance is being propped up by poorly educated illegal immigrants?
The Maltese authorities have to speed up asylum seeking procedures. It is not unheard of that an applicant spends 12 to 24 months in detention before his application or final appeal is heard. Let us assume 3 out of 10 applicants have that genuine fear stated above and the other 7 are non-genuine, i.e. they leave their respective place of origin for financial interests only (to get a better job, life). If the process was speedy and efficient we would not have such problems today. Those that have a genuine fear are given refugee status/humanitarian protection and can live here or move onward to Europe and those that have no genuine fear are deported.
Perhaps the Maltese people should know of the hardship these people have gone through. Imagine a man or woman being shot at and tortured because he/she comes from an ethnic minority or a tribal minority in his homeland. Imagine he/she lost most of her family during the escape from the country of origin. Now imagine he or she is Maltese.
Lately reports have shown, that when one compares what immigrants produce and what they take in return(housing, social services, NHS, burden on police force, integration program etc etc) the benefit is almost nil.
Adding to this 250,000 native British are leaving the UK.
Of course this should not be a problem for some people like Mr Grech Attard
PS: For those who mentioned the UK it has been recently known that were it not for these immigrants who contribute by doing jobs most British do not want to do, the inflation rate in Britain would be much higher and the pension schemes would have collapsed!!
"The commission said Malta’s perception of itself exclusively as a transit country for immigration has negatively affected the Maltese authorities’ ability to devise integration measures for persons who may end up staying for long periods of time in the country," the commission said."
Obviously those that have drawn up the report are EU member nationals who are only too happy to see these immigrants stop and remain in Malta. No matter that they are mostly low skilled if at all and with much better prospects for them in a large economy than a minuscule one.
As far as I'm concerned we would be doing nothing less than any other country including the likes of Canada and Switzerland and simply impose on all immigrants the need to obtain Canadian or Swiss experience (it is an unofficial/official rule. You see it in all adverts including gov. recommendations) to be able to work freely and this would include of course the strict requirement of learning local language and customs. So now a north African who very probably already speaks either French or English i.e. their post colonial masters who bleed them to death of their wealth in the first place have the choice of either continuing on to a rich French or English speaking country of 50 to 60 million or learn Maltese in a tiny medium wealthy one of 500K.
I think I know what I would choose under those circumstances, don't you report writer? :)
And how about the fact that our neighbour especially their old/new leader who bent over backwards to force on Malta the right for them to send back immigrants if they actually come from Malta?
Really makes my blood boil at the hypocrisy!
I am wondering whether the CoE referred to in this article is the same CoE that wants to decriminalise abortion.
Meanwhile, why should we allow squatters into our holiday apartments? It would be more convincing if the local do-gooders were to each 'adopt' a couple of these uninvited 'guests', thereby practising what they so conveniently preach to others and, at the same time, also easing the Nation's burden!
The EU set up Frontex, but we see little more than words from the ineffective organisation that is the CoE.
Mr. Pace, you say that "Such reports are written by people who do not live in Malta, are not Maltese, and does not know what it mean to be both. ... They think that the Maltese people do not have their rights, also."
You are (I presume) not a refugee; do you know what it means to be a refugee? Do you think refugees do not have their own rights, also?
For me this is just plain and simple foreign interferance in our affairs. The Government should start doing something about it. For starters: let's get out of the Council of Europe. It' s not serving any purpose except of sending our MPs to their 'debating society' and giving them money, when we need it most in order to hand it over to these illegal immigrants.
Let's quit this Irreverent and obscene Council of Europe.
Instead of escaping their countries .. shouldn't these people be trying to rebuild it? Regimes exist only because they find people supporting them. It took europeans bloody revolts and a lot of sacrifice to build today's society, the French Revolution is a testament to that. No one handed us our society. WE BUILT IT! WE CHOSE IT!
It is so very comfortable to lie back on one's armchair and preach on what others should be doing or improving!!
The sad reality is that in spite of all the European unity talk, Malta is still alone (especially financially) in tackling this problem.
I have a proposal to make to Coe. In order for it to show beyond doubt that this organisation believes in what it preaches, why doesn't CoE finance the infrastructural and amenity upgrading of all the Maltese centres housing irregular immigrants?
that would definitely rubbish my arguments above.... I'll wait to see.....
Good response from the government. Perhaps it would be good to emulate the Greek lesson. Otherwise they will never listen. Greeks are tougher.
As for integration they can integrate them into their own societies. After, it was their own colonialist countries and countrymen that have exploited and are still exploiting them, their countries, and their natural resources.
Lets hope we will not end up with same irreversable situation that England is in now!!!
We, as a people and as a government, need to find that fine line where we need to be realistic to the problems these persons bring to our islands, and, at the same time, kind to these people whose problems at their original home has made them leave everything and, by any means possible, try to reach a European country to live a better life.
These persons have suffered a lot. These persons have found people who have exploited them. These persons have a heart. These persons have families. These persons are also the true sons and daughters of the God we 'all' profess to believe in.
Please, let us do all that can be done not to increase the desperation of these persons. At the same time, let us urge our government and all European governments to do all that can be done to help these persons' countries return to a better and a 'normal' kind of life for the benefit of all their population and also for the benefit of the people of Europe itself.
What's next? Lighthouses to guarantee a safe entry to port? Funfairs at landing places? Organised cruises from Libya to Malta?
The burden and expenses we incur are already enough as it is.
Most of the countries the migrants come from have been independent for as long as Malta has. And while the Maltese people were busy building their country from scratch after the British left us empty handed, the people in those countries, rich in natural resources, chose to only fight and destroy and not build. The same organisation that blames us for not helping them comes from countries that would rather sell them weapons than help them rebuild in peace.
Racism has nothing to do with this.