Pact on migration and asylum seekers

The pact is an ambitious programme. It is in character with the French Presidency of the EU. For the first time, the EU is seeking to address, in a comprehensive manner, the need for a common approach on immigration and asylum, in a spirit of solidarity between member states and in a close partnership with immigrants' countries of origin and transit.

It is ambitious but realistic. It is mindful of the fact that international migration will persist as long as there are disparities of wealth in various regions of the world. The answer to this challenge can only be found in the long term and in setting out a comprehensive approach tackling all sides of the problem: the fight against illegal immigration, the reinforcement of effective border control, the return of illegal immigrants to their countries of origin, the organisation of legal migration, the building of a Europe of asylum and the creation of a global partnership with countries of origin to give people a future in their own countries. It builds on the EU's Global Approach to Migration policy document agreed in 2005 where Malta had played a major role in putting the problem of illegal migration on the EU's agenda.

We were positive about the idea of the pact from the very start. The idea was a good one; it was time to group together all the initiatives that had been developed by the European Commission and member states over the past few years. From the start, however, we also made it clear that it was time to move to action on "burden sharing". We made it clear that without a burden sharing "mechanism" for those countries hit disproportionately by the illegal immigration phenomenon - such as Malta - the pact would not be complete. Our voice was heard whenever the pact was discussed between member states, bilaterally as well as in all European fora; burden sharing figured in the Prime Minister's discussions with French Prime Minister François Fillon when he visited Malta in May; the same during the visit of French Immigration Minister Brice Hortefaux that same month.

Agreement on the text of the European Pact on Immigration and Asylum was reached on September 25 at the Ministers of Home Affairs Council following discussions in the Committee of Permanent Representatives. This agreement was a major positive step, though it still needs to be endorsed by the European Council, made up of the 27 heads of state or government, later this month.

For the very first time, the 27 member states have agreed that there should be a burden-sharing "mechanism" in the area of immigration. To date, all such issues have been handled by each member state in line with their individual (non-EU) international obligations and it is only now that EU members are agreeing to put in place policies that will change this. Through the pact, the EU is sending a clear message that migration issues must be tackled from all angles and, importantly, must be tackled in a coordinated manner by all 27 member states, together. The amendment that inserted the burden sharing "mechanism" in the pact is tailor-made for Malta. It addresses the particular difficulties being experienced by Malta due to the specific and disproportionate pressures on our national asylum system as a result of our particular geographic and demographic situation.

Moreover, it establishes a system for the coordinated re-allocation of beneficiaries of international protection, that is, for those persons granted refugee status and subsidiary (formerly humanitarian) protection status. Approximately half the illegal immigrants who apply for protection, since they come from countries that are unsafe for reasons of war or persecution, are granted such protection by the Maltese Refugee Commission; 1,097 so far this year. What about the rest, you may ask? As the pact states, the rest should go back to their countries of origin - with EU and other member states' assistance where needed. Anything else will attract even more illegal immigrants to the EU.

The pact gives the responsibility for coordinating the new EU re-allocation system to the European Commission, in consultation, where appropriate, with the UNHCR, which is the international body responsible for matters related to refugees and those granted some form of international protection.

It was Malta's specific request that the European Commission coordinate the re-allocation system as it will bring its full resources to this task.

It was also Malta that insisted on the involvement of the UNHCR because it already coordinates the resettlement systems that exist in most European countries.

As to the voluntary nature of this new EU re-allocation system, "voluntary" assistance does not mean "no" assistance as many are being led to believe. We have a voluntary mechanism in place with the United States of America. It operates in conjunction with the UNHCR and, this year, will see the resettlement of about 200 refugees or other protected persons from Malta to the US. We are exploring similar arrangements also with Australia and Canada, which have generous resettlement programmes with the UNHCR.

The pact's re-allocation system, which will also be funded by the EU, is aimed at addressing long-term needs. Within the EU, it will replace the ad hoc arrangements that, over the past few years, Malta has been able to put in place from time to time with, for example, The Netherlands, Germany, Lithuania, Portugal and the Irish Republic. Ad hoc arrangements take a lot of time and effort to put in place, especially when not of a one-off nature. The system contained in the pact sets the conditions for securing consistent and regular assistance from the EU member states; it is aimed at harvesting member states' solidarity.

Let us, however, keep one thing in our minds. It is a step ahead, a big one, but it will not solve all our problems. Other measures are needed to which we are also dedicating our energies.

Dr Mifsud Bonnici is Minister of Justice and Home Affairs.