Sunday, 23rd November 2008
Stiff penalties for xenophobic, racist acts proposed
Whatever is verbally immoral should also be made illegal - minister
A flyer dropped at the Marsa centre last year.
Derogatory comments and attacks relating to skin colour, descent or creed could lead to a prison sentence or hefty fine under proposals in a new xenophobia bill.
Anybody who behaves in a threatening, abusive or insulting manner, either through actions, words, or printed material, with the intention of stirring racial trouble, could be liable to a prison term of between six and 18 months.
The proposals will give broader meaning to the terms 'violence' and 'racial hatred', and are intended to eradicate legal loopholes which have for several decades exonerated people perpetrating racism and xenophobia.
The first reading of the amendments will take place this week and the changes could come into force as early as the beginning of next year.
The amendments were a clear message that xenophobic elements do not have a place in society, Home Affairs Minister Carmelo Mifsud Bonnici told The Sunday Times.
"We will update our laws to reflect the reality that a modern civilised country such as ours will not tolerate in any manner violence or hatred against anyone on the basis of skin colour, race, religion, descent, nationality or ethnic or national origins."
He called for the elimination of xenophobic and racist statements, made under the pretext of freedom of expression. "Whatever is verbally immoral should also be made illegal," he said.
Punishments established for any offence contained in the criminal code will be increased by one to two degrees when the offence is racially or religiously aggravated or motivated.
To date, aggravating factors were limited to offences against a person.
Another provision will also make it an offence for anyone to condone, deny or trivialise genocide, crimes against humanity and war crimes. One of the sub-articles provides for corporate criminal liability in circumstances where the offender is an employee.
The court will have the power to sentence offenders up to 18 months' imprisonment and to close down an establishment used for the offence.
Amendments will also be made in connection with sea piracy in light of the re-emergence of this phenomenon in the Indian Ocean.
Any person guilty of piracy under this article shall be liable to hefty punishments, including life imprisonment.
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Comments
Attention culture protectionist: Culture that has been built through thousands of years and feels threatened by immigrants - Is this culture worth saving? If these immigrants manage to do that, they must be super genius then, and I would love to learn from.
Please, threes no need to use flare words that only creates unnecessary social tension among population.
By the way, I am still waiting for a definition for culture
@Charles Grixti
Do immigrants legal status has any thing to do with hosting country's culture? If it does, enlighten me how please. Thank you
It is when we accept laws like this and become accepting of everything that society degrades. Just look at the state of degradation society is in the USA and UK. Let us not kid ourselves and call it "being modern". If so I'd rather be old fashioned.
Malta is not the USA, it was not built on the principal of multiculture
What about stiff penalties for hatred on the basis of political affiliation?
Dr Mifsud Bonnici, any admiration I may have had for you as a fledgling open-minded politician has all evaporated. Your late and much esteemed grandfather, Il-Gross, was himself thrown in prison for expressing his beliefs. So you should think twice before making this irreversible move. One thing is for sure - racism will surely not be curbed, for you might care to think that there's a law of nature which states that "for every action there's an equal and opposite reaction".
I surely am in no doubt who I will vote for come the next MEP elections in June, and that's any party or even individual candidate who is resolutely anti-immigration. You see, Dr Mifsud Bonnici, I for one will never forgive and never forget!
This term is usually reserved for new lands in which the great colonial powers of Europe first destroyed the indigenous populations and which then they they re-populated with peoples form all over the globe, creating a mish-mash of people who for the most part lived with their own kind in 'ghettos', thus allowing the ruling (European Elite) to remain at the helm of power.
And "mulit-culturalism" does not mean one group is from Sweden and one is from Hungary etc. No, these share one European culture. Mutifulturalism means that many of these immigrants hold (and in many cases are openly hostile to) the Judeo-Christian European cultures of the West that gave us such things as Humanist Thought, Science, Arts and the Rights of Man and Democarcy in contempt. Some are avowed enemies of freedom and Human Rights, especially for those that do not share their faith, women and homosexuals. They also object to the separtaon of Church and State.
So tell me oh wise ones, how is this 'multiculturalism' to benefit Malta? We were never colonizers but descendants of a proud and unique people - let us keep Malta this way.
Perhaps you should spend more time solving the problems that have turned the law courts into a mess, denying justice to thousands of Maltese citizens instead of dreaming up laws that have turned westerners into prisoners in their own countries.
Take Australia for instance. The N word as well as the word "black" are totally outlawed. I don't believe that the word Pommy (referring to the Brits) and wog (referring to the Italians, Maltese and Greeks) are outlawed though.
Once again, minorities are being given the upper hand. It's time to stand up and be counted. Our tiny little island is being totally overrun by illegal immigrants and i don't care whether they're white, black, yellow, purple or green. Unfortunately, the blacks stand out more and are more discriminated against.
One last thing. Before we were overrun by illlegal immigrants, I don't think the Maltese even knew what the words racism and xenophobia meant. I can assure everyone that most "xenophobes" have nothing against different races per se. It's just the illegal immigration issue that has brought it about.
@ Dr. Carm,
Do you remember "Xoghol, Gustizzja u Liberta" ?
Where is the "Gustizzja" and "Liberta" in all this by enacting such law?
You are doing nothing but putting a MUZZLE on the Maltese people, those same people that fought for "Xoghol, Gustizzja u Liberta".
Is our Prime Minister au courrant to all this insane saga?
Please Prime Minister, kindly express your views in this matter ! ! !
Quo Vadis Malta ?
../..
All forms of racism must be abolished, and this includes racist peoples cloaked with patriotism robe in order to come into sight patriots like!
The aim of this law we should learn how to comment and talk volumes about OTHERS without being ‘racist or xenophobic’. This means we have to be civilized - I guess this something we can afford.
George Orwell or Philip K. Dick anyone?
Now, this is very strange. There are already countries in Europe where this provision is being challenged. And we, here in Malta, are about to turn it into a law! Oh, give over!
Also what a ridiculous proposal about sea piracy!!!!!!!!!!! Can any one imagine armed sea pirates hiding in our bays, attacking ships , bringing them to port, and asking for huge sums of money in ransom? On the East coast of Africa YES but here in Malta it is ABSOLUTELY RIDICULOUS.
Does this mean that the press will not be allowed to continue to report the future arrivals of illegal immigrants, with the excuse of increasing the fear of the foreign (xenophobia)?
"Punishments established for any offence contained in the criminal code will be increased by one to two degrees when the offence is racially or religiously aggravated or motivated."
Does this mean that if I -for example- insult or punch a Maltese citizen, I would get half the sentence I would get if I had to commit the same crime against a black person? Well if that is the case, I am against this bill because I am against racial discrimination, even if others call it positive (sic) discrimination.
There are laws which punish drug trafficking with life imprisonment. Has the drug problem been solved or even decreased? On the contrary it is now more rampant than ever.
This is the loser's way out and will backfire.
Ilegal immigrants have NO right to be in Malta because they broke the law and should be deported. They are a drain and a strain on public services!! We Maltese taxpayers have every sacred right to lament about this illegal invasion which the GonziPN government dumped upon us. That does not mean we are racists, so scrap your bill and move on!
I am against illegal immigrants be they be black, white, pink or purple. Putting restraints on us means the government is protecting its inefficiency.
In U.K.cant use the word black and no way the N word.
Yet our colonial friends are quite free to use such expletives as white honkey , white trash etc
It will be difficult to stop the legitimate political resistance against imposed and irrational or unabsorbable multiculturalism or multi-whatever.
Not all people can express themselves in a refined way on the much related illegal immigration subject, venting off their concerns. Fortunately, manpower will prevent the thought police from sending their agents in local clubs, grocers, markets and squares.