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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A. Muscat
Nov 26th 2008, 01:38
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
V.Micallef
Nov 25th 2008, 22:06
What a mess we're all in! Everybody and his dog is realizing it. The Government should resign and call fresh elections, There's no other way how we can get out of this mess.
Mark Mamo
Nov 25th 2008, 20:55
Do they really think that making the Maltese look like the bad guys will actually solve the problems in the country with regards to illegal immigrants? Or that this will magically make the Maltese like them? On the contrary people who resent them including myself will now take a stand against them even more since we are only standing for our right to have our own country.
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
AnnMarie Pawley
Nov 25th 2008, 20:30
So I can sue anyone who calls me 'white'?
Daniel muscat
Nov 25th 2008, 07:32
Instead of trying to solve the illegal immigration problem, they are doing anything possible to stop us from expressing our frustration to this problem.
Muscat Peter
Nov 24th 2008, 10:16
@ Carmelo Mifsud Bonnici
What about stiff penalties for hatred on the basis of political affiliation?
Andre` Micallef
Nov 24th 2008, 09:11
This new legislation is nothing less than a desperate attempt by Government to muzzle any contrary opinion to that dictated by the holier-than-thou establishment. Make no mistake about it. We are about to be taken back to the Dark Ages, when freedom of expression was non-existent. And the imposition of such penalties is ironically being implemented in our own day and age in what are supposed to be enlightened times.
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!
lgalea
Nov 24th 2008, 08:58
WELCOME TO USSR II
Mary Borg
Nov 24th 2008, 06:30
I guess that from now on, it is going to be illegal to say "illegal immigrants".
Charles Grixti
Nov 23rd 2008, 22:40
Since when has Malta become a 'multi-cultural' country?
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.
Joseph Schembri
Nov 23rd 2008, 21:54
You are on a slippery path Minister! You are a fervent Catholic so please don't open the door to legislation that may lead to us being made prisoners in our own country unable to publicly profess our beliefs.
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.
R. Azzopardi
Nov 23rd 2008, 21:11
If we're not careful, we're going to go down the same route as other countries that have been too tolerant have gone.
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.
Joseph Cauchi
Nov 23rd 2008, 19:40
@ 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 ?
../..
M. Mercieca
Nov 23rd 2008, 18:53
Thank you Minster Bonnici. Europe’s values are clear. No place for xenophobic and racism. European Union will do whatever deems necessary to promote Human rights and Democratic values.
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.
Eric Gahn
Nov 23rd 2008, 18:30
....and soon we will be fitted with a thought control chip.
George Orwell or Philip K. Dick anyone?
E Abela
Nov 23rd 2008, 17:25
This is a clear indicator that anti-immigration opinion in Malta is increasing in strength to the point that it has reached a very broad consenus. Who then is the Maltese government representing when proposing such laws? It also represents the fear of eventual failure when the issue is adjudicated by the holy EU yardstick. Or maybe I got it all wrong and the Minister has decided to regale us with higher moral standards that we are usually accustomed to.
d. borg
Nov 23rd 2008, 17:22
Dear minister you should resign immediately! Instead of tackling the illegal immigration issue and heeding the frustration and worry of the majority of the Maltese, you are trying to silence us with this riduculous law. We will give you our answer in the MEP elections!
Sandro Grech
Nov 23rd 2008, 16:53
Stiff penalties should apply for arriving to Malta illegally . I invite the minister to come to Bugibba and see illegal immigrants sending big amounts of money to their countries .While i was buying a stamp form this stationary one guy was sending 5.000 euros to Somalia .
Franco Farrugia
Nov 23rd 2008, 16:48
Another provision will also make it an offence for anyone to condone, deny or trivialise genocide, crimes against humanity and war crimes.
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!
Wilfred L Camilleri
Nov 23rd 2008, 16:46
At the risk of being labeled a racist, I am compelled to comment on this topic. Although legislation intended to curb racism is not bad in itself, if not properly crafted it could be a slippery slope that leads to the stifling of true and unhindered debate on issues such as illegal immigration. A heavy-handed law could also lead to reverse discrimination as is the case in North America where politicians impose regulations that discriminate (reverse-discrimination) against Caucasians in the name of "helping" minorities. Such laws can also be used as tools by radical/ minority groups to push their agenda on the majority. Political correctness is another result of such laws. The case of Christ being taken out of Christmas in order to appease some segments of society is one example of PC gone wild. PC is a result of ambiguous, or at the other extreme strict, anti-racism laws. Anti-racism and anti-discrimination laws have also been used to muzzle certain groups and in some cases forced churches to take actions that are contrary to their teachings. Any such laws should be properly debated and should seek input from all segments of society before any legislation is enacted.
Frank Muscat
Nov 23rd 2008, 16:10
Isn't there a law against racism already? Then why is this feeble government enacting another law in this respect? Perhaps this government is feeling embarrassed for not being able to tackle this problem and that the EU has taken us for a ride. Thus this means also that we will not be able to complain against this invasion? Shame on this government.
C.Camilleri
Nov 23rd 2008, 15:30
I think that our Minister has much more important things to do in his Ministry than wasting his time on such trivialities.
Anton Portelli
Nov 23rd 2008, 14:33
"We will update our laws to reflect the reality that a modern civilised country such as ours will not...........". Dr Mifsud Bonnici if you want our country to be more modern and civilized it is time that your government introduces divorce otherwise we will still be living in the middle ages and in the years of the inquisition.
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.
David Seychell
Nov 23rd 2008, 14:22
"He called for the elimination of xenophobic and racist statements, made under the pretext of freedom of expression"
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.
Charles Sammut
Nov 23rd 2008, 13:49
This will only serve to further jack up tensions and frustrations with this government's abject failure to control illegal immigration.
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.
D Delia
Nov 23rd 2008, 12:50
Well said, apgrech !!!!!!!
Kenneth Galea
Nov 23rd 2008, 12:32
Just get a grip Carm and resign now! You are just being politically correct and following once again EU orders.
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 Abela
Nov 23rd 2008, 11:56
This is simply a farce by the Minister. He is simply trying to silence the people, political parties, and the media, from critisising and reporting about his failures as a minister to stem the flow of illegal immigration. RESIGN NOW and let more competent persons do the laws.
apgrech
Nov 23rd 2008, 11:46
Does that mean that we won't be able to complain if we are inundated by illegal immigrants? If that's the case, then goodbye freedom of speech and such law should be challenged in court.
I am against illegal immigrants be they be black, white, pink or purple. Putting restraints on us means the government is protecting its inefficiency.
isobel mcgonigle
Nov 23rd 2008, 11:27
All well and good as long as it works both ways .
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
Sandro Pace
Nov 23rd 2008, 11:02
There is no xenophobia in Malta. With the seasonal unsustainable influx, and outdated 'obligations' intrinsically telling us to keep all, the concern is more than rational.
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.