'Immigration Plan more than a declaration'

Prime Minister Lawrence Gonzi told Parliament yesterday that the EU Pact on Immigration and Asylum was much more than just a declaration: It treated the problem holistically, gave direction to the EU and set a sound footing for long-term solutions, while also providing concrete measures to solve current problems faced by certain countries, including Malta. Welcoming the Opposition's declaration that it was four-square behind the government in that both agreed that Malta deserved more tangible solidarity from the EU, Dr Gonzi said the government felt that in the true long-term interests of Malta it should approve the pact next week.

In a statement to the House, Dr Gonzi said that over the past few years Malta had found itself in the midst of a wave of migration from North Africa to Europe. Although the phenomenon was also affecting other countries, Malta had its own realities, both in its geographic position and with regard to demography, that merited particular consideration.

The government had succeeded to instil and enhance the recognition of the Maltese situation on the part of EU countries and institutions. To date the EU did not treat illegal immigration as a Union-level problem, but left each member state to tackle it independently. The government's actions had been crucial in the creation of such instruments as Frontex, the Refugee Fund and the External Borders Fund. But this was not enough.

There needed to be a full plan to tackle illegal and legal immigration, the asylum process and other aspects. The French presidency had led the work on a comprehensive political document titled European Pact for Immigration and Asylum, which it had first proposed last May. Malta had immediately noticed the lack of two elements which it considered crucial: T he principle of burden sharing and the possibility of immigrants being relocated in other EU countries.

Through meetings, correspondence and other exchanges the government had been hammering its message across from the start so that the pact would recognise Malta's situation and needs. Dr Gonzi said the government's efforts had borne fruit. The Council of Ministers of Justice and Home Affairs had approved the final text of the pact on September 25, and it was now awaiting the approval of the European Council in its meeting of October 15 and 16.

The pact had five main elements.

Illegal migration should be organised after consideration of the priorities, needs and reception capacities as individually determined by each member state while integration should be encouraged. The pact proposed that each member state should predetermine its quotas and conditions for legal immigration according to its labour market needs. The immigration of highly-skilled workers (on the European Blue Card system) and students was encouraged so that Europe could accept more skilled immigrants and tradesmen who could contribute to economic development, as was already being done in Canada and the US. The pact also emphasised the importance of integration of all those who chose to remain in the country.

Another element assured that all illegal immigrants were repatriated. The recently-adopted Return Directive already covered this sector, but the pact extended cooperation between member states that could make use of joint repatriation flights, the conclusion of bilateral agreements between the EU and third countries, and cooperation in the efforts against trafficking of persons.

Member countries were taking it upon themselves to regularise illegal immigrants only in particular cases for humanitarian or economic reasons.

The third element in the pact was more effective frontier control. The pact envisaged the strengthening of Frontex with a view to setting up two specialised sections on the EU's southern and northern frontiers, the issue of a biometric visa as of 2012, and the enhancement of cooperation with third countries to strengthen frontier controls. Each country was responsible for its own frontiers, but the most exposed countries "should be able to bank on the EU's solidarity".

The fourth element was the creation of a sheltering Europe. While by 2012 EU member states would have common guarantees of shelter and a common refugee status, a European Office of Assistance for Asylum would be set up in 2009 with a view to facilitating cooperation among member states. The pact also envisaged the strengthening of cooperation with the UNHCR in relations with third countries.

The final element of the EU Immigration Pact envisaged the creation of a wide-ranging partnership with countries of origin and transit with a view to ensuring synergy between immigration and development. The EU would be offering third countries opportunities of legal migration for work or study, depending on how far they increased their commitment against illegal immigration. Other measures would also be adopted to help third-country citizens to repatriate, to the benefit of their own societies.

The Prime Minister repeated that during the process of preparation and formation of the pact, Malta had insisted on the inclusion of a mechanism for the onus of this European problem to be shared among all EU member states. This insistence had been acceded to, culminating in an amendment to the effect that member states could relocate persons given international protection in one or other of these countries facing particular pressures.

Paragraph (c) of Chapter 4 read that "For those member states facing problems putting specific and disproportionate pressures on their national asylum systems, particularly because of their geographic or demographic situation, solidarity should also involve the promotion, on a voluntary and coordinated basis, better reallocation of beneficiaries of international protection from these member states to others, while ensuring that asylum systems are not abused. In conformity with such principles, the Commission, in consultation with the UNHCR as necessary, must facilitate this voluntary and coordinated relocation. There should be specific financing according to existent EU financial instruments for such relocation and according to budgetary procedures.

Dr Gonzi said this was much more than just a declaration. It constituted a charge, direction, an order of operation on which the Commission was expected to work in the coming months. The pact was not a document of one country or a group of EU members. It was a pact among 27 member states, which had unanimously chosen to give their full consensus for the EU's implementation of its contents.

The pact treated the problem holistically, gave direction to the EU and set a sound footing for long-term solutions, while also providing concrete measures to solve current problems faced by certain countries, including Malta.

The government had always maintained that in such a situation everyone should keep in mind the human dignity of illegal immigrants. The government felt that the European Pact would strengthen its efforts to ensure that whoever deserved asylum was given shelter while those who did not would be repatriated. All this was in the framework of solidarity among EU member states.

The government felt that, in the true long-term interests of Malta, it should approve the pact next week.

Labour MPs Anġlu Farrugia, Michael Falzon, Carmelo Abela and George Vella asked a series of questions, notably on the voluntary nature of burden sharing. They also asked about the effectiveness of Frontex and why repatriation of migrants had declined even when arrivals had increased.

Dr Vella said the opposition was four-square behind the government in that both agreed that Malta deserved more tangible solidarity from the EU. But the opposition had expected the government to be more forceful in its talks on the Immigration Pact.

He agreed that one could not force other countries to take immigrants from Malta, whether they were legal or illegal immigrants, but the opposition had wished to see a firmer stand by Malta and a stronger document than this. His fear was that this declaration would not solve anything.

Dr Vella insisted that the two sides needed to work together, not least because of the way racist and xenophobic sentiments were growing in Malta.

He also referred to the fire which destroyed five tents at the open centre at Ħal Far on Sunday, and said Malta should give more humane protection for such people as winter approached.

In his replies, Home Affairs Minister Carm Mifsud Bonnici said that as Dr Vella had argued, no country could be forced to take migrants from another country. This voluntary and coordinated burden-sharing mechanism, therefore, was the best that could be achieved.

Dr Mifsud Bonnici said that the pact was no wishlist; it was an important document which had established that burden sharing was part of the EU's agenda. The commission was determined that the pact come into effect.

He said Malta never said it was completely happy with Frontex, but it should be continued because Malta was still benefiting. Frontex signified the EU presence at the border and Malta would continue to insist that Frontex stayed here, and that more countries participate in it through funds and assets.

Dr Mifsud Bonnici said Malta was doing its best to repatriate more migrants. But it was not easy, particularly because a large number of migrants came from Somalia. It was where repatriation could not be made that the new burden-sharing mechanism would come into play.

Dr Mifsud Bonnici said plans were in hand for the tents at Ħal Far to be gradually replaced by containers which would be used as mobile homes.

Dr Gonzi welcomed Dr Vella's declaration that the opposition was four-square with the government, more so as its call for the government not to sign the pact could have given the impression that its position was close to that of right-wing elements.

He pointed out that, importantly for Malta, this pact would also involve coordination for the repatriation of migrants, something which, to date, had also been a logistical nightmare for Malta. As for compulsory burden sharing, Dr Gonzi said one should be careful, lest Malta itself was required to take migrants from other countries which had seen a steep increase in illegal immigrants.

Dr Gonzi said he expected more from Frontex, but it was not a failure and had saved many lives, which was the most important thing. One could also note that while migration had risen by 195 per cent in Lampedusa the increase in Malta had been 35 per cent. All should push for Frontex to have more assets.

In New York last week, he had informally met Italian Minister Frattini who had confirmed that a meeting would be held in Malta between Libya, Italy and Malta to discuss migration.

Concluding, Dr Gonzi said that the pact would not solve the problem of irregular immigration, which was tied to what was happening in the Horn of Africa. The large number of immigrants crossing over to Europe were the fruit of poverty, political instability, uncertainty and higher energy and food costs. The whole European continent was facing these problems, but Malta had managed to place the issue at the top of the European Union agenda.