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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Sandro Pace
Apr 25th 2008, 10:08
In theory it is as Mr. G. Sammut is saying. In practice, nothing of the sort happens. And one have to be naive not to understand that they have not overwhelmed and abused the whole system.
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.
Kevin Zammit
Apr 24th 2008, 11:34
Help we already do and help we will keep on giving but I do not think it is wise to allow the provision of help to be imposed. This is not a request for assistance but an abuse by our neighbours who want to wash their hands off a problem they actually helped create and actually keep creating. Who do you think sells these countries the weopens they use for their wars? Malta? Who props up corrupt regimes for the sake of lucrative deals in natural resources?
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?
G. Sammut
Apr 24th 2008, 11:01
International Law states that a refugee is one 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 their nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country.
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.
Michael Attard
Apr 24th 2008, 10:53
I agree Joseph Grech Attard. Let's remove Christianity from our Constitution. The Church and state should never mix. I have no issue with that, no hypocrisy on that point. There is no place for religion in the state's constitution.
Malcolm Seychell
Apr 24th 2008, 08:15
@joseph Grech Attard. Get your facts right. It is a lie that immigrants contributed positive to the UK.
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
Joseph Grech-Attard
Apr 24th 2008, 01:55
WOW!! I see that nearly all correspondents do not like what the CoE said. The reporters are not Maltese and they do not live in Malta!! But how many other reports, at times praising Malta, do we boast about even though the reporters are not Maltese and do not live here? Is helping these immigrants and treating them better Christian or anti-Christian? If it is the former then we are bound to help and treat them better. If not then let us remove God and Christianity from our Constitution, or else, rightly so, people start calling us hypocrites.. Let us practise our beliefs and, besides helping them, pray God He shows us the way and pray for their countries to change their attitudes.
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!!
Kevin Zammit
Apr 23rd 2008, 19:42
The cheek of it really.
"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!
JeanPierre Aquilina
Apr 23rd 2008, 18:38
The CoE is worried about the "negative consequences ... on the respect of the rights of the persons concerned", but strips off the unborn from the fundamental human right to live.
I am wondering whether the CoE referred to in this article is the same CoE that wants to decriminalise abortion.
Wally Vella-Zarb
Apr 23rd 2008, 17:45
Most, if not all, of these illegal immigrants originate from countries that, like us, used to be colonies of European countries. Why don't these same countries - all of them members of the EU - face up to their moral responsibility and take in their ex-colonial 'subjects' as a form of repayment and atonement for all that they plundered from them in the past?
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!
K. Mifsud
Apr 23rd 2008, 17:41
"VIVA EU" - May I point out to those to whom it is not immediately apparent that the CoE is a forum which has 47 member countries, including Russia, Armenia and others, and which has nothing to do with the EU.
The EU set up Frontex, but we see little more than words from the ineffective organisation that is the CoE.
John Betts
Apr 23rd 2008, 16:45
Mr. Paul Zammit, I agree with your point of view.
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?
victor pulis
Apr 23rd 2008, 16:30
I suggest that after spending 18 months in detension all illegal immigrants are granted Maltese, that is EU citizenship and assisted on their journey to mainland Europe. I'm sure they will be welcomed with open arms by the CoE. Thus everyone concerned will be happy.
Hector Farrugia
Apr 23rd 2008, 16:20
Let's not mix up this Council of Europe with the European Union. This is the same CoE which wants us to introduce abortion, that is murdering babies. If one reads the report, they told us in no uncertain terms: to be carpets for these illegal immigrants. They wants us to give them interpreters and translaters (they understand our language but we do not understand them), they want us to give them free and immediate medical care (which is negated to us maltese citizens), they want us to shut our MPs mouths in Parliament, they want our media to stop featuring letters to the editors complaining about illegal immigration, as some of them are already doing.
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.
Michael Attard
Apr 23rd 2008, 16:01
Paul, ever heard the saying "Ghin ruhhek biex Alla jghinek?"
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!
M.Tabone
Apr 23rd 2008, 15:16
It is now more than evident that European institutions instead of understand our critical situation and apply the buzz word SOLIDARITY,are flexing their muscles to the smallest EU member state. Unless our Gov does something drastic (if necessary without the help of the EU) to this inflicted problem NOW, we will continue bearing the consequences in the future for our passiveness. Has someone carried out how much migration eats from our GDP for example? If the closed centres are closed down (instead of extending the reception time) we will end up also seeing housing applications because these people have nowhere to stay.....and at the same time we have Maltese without a proper house......
Charles P Cilia
Apr 23rd 2008, 15:16
Further to Mr. Anthony Formosa's comments. Most Maltese families have two cars, we might also give them one and why not a credit card to buy fuel and while we're being so generous we might as well pay their traffic fines. Get real Mister.
A Zammit
Apr 23rd 2008, 14:54
CoE should stop talking and start helping Malta with this mega problem this tiny island is facing.
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.....
J> Bonnici
Apr 23rd 2008, 14:54
Why doesn't this Council of Europe Commission recommend to the rest of the European Union to share the bulk of these illegal immigrants among the EU member states whose countries are so much bigger in area then tiny Malta that the whole Maltese Islands are barely half the size of one of their major cities! Not to mention that the Maltese Islands are already over populated with Maltese citizens let alone with the invasion of these illegal immigrants.
E. Farrugia
Apr 23rd 2008, 14:20
VIVA EU
Stephen Formosa
Apr 23rd 2008, 14:14
Well said Michael.
Anthony Formosa
Apr 23rd 2008, 14:10
We have to admit that these people are suffering the consequences of developed countries, however I suggest that in order to minimise the housing problem, all those who have flats used only for summer residence can be offered to these people after all they are mostly empty throughout the year. EU doesn't seem prepared to support us on this issue, and thousands more are expected to arrive soon. Where they will stay?
Sandro Pace
Apr 23rd 2008, 13:56
As regards to Malta, the asylum system is already unsustainable, and thoroughly abused of. 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 this little rock is infinite. They think that the Maltese people does not have their rights, also.
Good response from the government. Perhaps it would be good to emulate the Greek lesson. Otherwise they will never listen. Greeks are tougher.
L Galea
Apr 23rd 2008, 13:35
My comment on the report is that those who speak in favour of ILLEGAL immigrants should put their money where their mouth is and take all the ILLEGAL immigrants to their own countries.
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.
E Muscat
Apr 23rd 2008, 13:28
I think we should do more to help these people who are escaping from countries that have no respect for humans. I suggest we should provide these people with a Maltese ID card and let them travel to Europe !!
joseph zammit
Apr 23rd 2008, 13:23
Well said Mr. Attard!
Lets hope we will not end up with same irreversable situation that England is in now!!!
Paul Zammit
Apr 23rd 2008, 13:17
While recognizing that illegal immigration brings so much detriment to our small and vulnerable island, we have also to recognize that these illegal immigrants are human beings.
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.
Michael Attard
Apr 23rd 2008, 13:14
Sure, first they start by calling them "irregular" and not "illegal". Then they go on and suggest we open the detention centres and let illegal immigrants do what they please.
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.