Malta toughens law against piracy, racism
Amendments to the Criminal Code to introduce the crime of piracy were published in a Bill today.
The Bill gives a detailed definition of piracy, which includes "any illegal acts or violence or detention, or any act of depredation committed for private ends by the crew or passengers of a private ship or a private aircraft and directed: on the high seas against another ship or aircraft or against persons or property on board a ship or aircraft ; and against a ship, aircraft, persons or property in a place outside the jurisdiction of any state."
In terms of the bill, any person found guilty of piracy shall be liable to life imprisonment where there is loss of life; or imprisonment not exceeding 30 years when there is no loss of life.
The Bill says that the Maltese courts shall have jurisdiction over such offences when the they are commited by any citizen of Malta or permanent resident of Malta, any person while on boat , ship or aircraft belonging to Malta, or by any person against any ship, vessel or aircraft beloning to Malta or against the person or property of any citizen or permant resident of Malta.
The Bill also includes new provisions against race-based crime.
It says that violence or racial hatred mean "violence or hatred against a group of persons in Malta defined by reference to colour, race, religion, descent, nationality (including citizenship) or ethnic or national origins or against a member of such a group."
The Bill includes provisions against people convicted of condoning, denying or trivialising genocide, crimes against humanity and war crimes when this is likely to incite violence or hatred or disturb public order. The punishment shall be imprisonment for between eight months and two years.
The same penalty applies to anyone whose conduct is likely to incite to violence or hatred against such a group or likely to disturb public order or which is threatening, abusive or insulting.
General provisions applicable to offences which are racially aggravated or motivated by xenophobia provide that the punishment shall be increased by one or two degrees.
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Graham Crocker
Dec 4th 2008, 22:34
@AnnMarie Pawley
No, but the government is being cautious. Many silly people have decided to associate Race with religion and discriminate against those who for example look middle eastern.
You can worship bobo the friendly goat, for all I care, but I doubt you would grow wool, have a different nose and purple skin color. I also doubt that people with purple skin color are all straight, as there are homosexuals in all races. Also race is a very small part of our genetic make up and is there for one simple reason, geographical adaptability.
Therefore Race and Religion are unrelated, Sexual orientation is unrelated as well.
You can hate whoever you want, but to say " I don't like him, because he is a negro or I don't like him, because hes white " is racial hatred.
BUT People can say " look at his hook nose, hes a Muslim (reality: he's a Coptic Christian) and they beat him up.
You cannot criticize an entire group of people, because of one person.
lgalea
Nov 28th 2008, 09:48
John Borg Tony Cassar
Is speaking your mind about the ILLEGAL migration problem now being classified by your goodselves as racial hatred?
Do you and your ilk now also want to muzzle us when we speak about the fear that the vast majority of the Maltese people have and their aversion from the ILLEGAL immigrants?
jane mifsud
Nov 28th 2008, 07:56
While I can understand the worry about being 'invaded' by illegal immigrants, it seems that most are merging two totally different things.
1. illegal immigrants are kept in closed centres which means that they absolutely CANNOT work (yes, it's true that we have a problem here, since they are being kept through our taxes);
2. immigrants who have a right to work, either migrated lawfully or have obtained a refugee status.
this is where most are mistaken. for what difference does it make to have a white coloured person from Europe coming to work in Malta (hence 'taking' a 'Maltese's' job) instead of having a coloured person migrating to Malta or being given a refugee status, and work legally and pay taxes just as the white european would have done?
is it a case of culture and identity as someone further down suggested? come on, please. our culture and identity are based on what our ancestors left us with, and most of it is the catholic religion. unfortunately many of you arguing against this problem would agree to remove the crucifix from any public institute/place... so exactly what is your problem?
Giancarlo Refalo
Nov 28th 2008, 02:18
Ah I see so now I'm only allowed to hate white, catholic, Maltese people. hmmm. ok I'll try to work it out.
Just kidding I don't hate anyone in particular. But one has to see the ironic / tragic side to all this.
These poor soulds keep arriving on our little island. we have no space. Isn't it natural for us to feel edgy? ok maybe the phrase "we have no space" is a bit extreme... but there ARE quite a few of them. Eastern Europeans, Africans, whatever. To me, as long as they arrive legally, get a job and pay taxes I'm fine with it. Colour and creed make no difference. Problem is most of them don't pay taxes. And yes, even if they take a job which a Maltese person could have got. an employer should choose according to skill, not colour! anyways we all know this. what's the use of ranting and raving on a website? An exercise in futility, I fear.
As Vincent Zerafa said... I know of a crime... people are entering the country illegally. Should I report it? maybe that's all the government is waiting for... an official report!!! hey! problem solved!!!
A. Muscat
Nov 28th 2008, 02:15
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 and over smarted. Personally, I would love to learn from them.
I would appreciate somebody to enlighten me with a definition for culture. Thank you
Charles Sammut
Nov 27th 2008, 20:31
Xenophobia is derived from the two Greek words 'xenos' meaning foreign and 'phobos' meaning fear.
How on earth can you legislate against someone's fear. Shall we have state shrinks to wash dirty brains of such fear? Use electric shock treatments. Have a special wing at Mount Carmel Hospital to treat xenophobic heretics.
Vincent Zerafa
Nov 27th 2008, 19:42
"It says that violence or racial hatred mean "violence or hatred against a group of persons in Malta defined by reference to colour, race, religion, descent, nationality (including citizenship) or ethnic or national origins or against a member of such a group."
As for myself (and I'm sure the vast majority), I am against violence and hatred against others. Yet, this does not mean that I shall not voice my concern on illegal migration to Malta.
All that is illegal is simply.... illegal; and every law abiding citizen has the duty and right to speak out wherever and whenever it occurs. Infact, the law states that whoever knows of a crime and does not report it, is liable to charges.
Emma Xerri
Nov 27th 2008, 18:58
@AnneMarie Pawley
Religion and Race are not identical but two separate things. As far as humans are concerned, there is only one race (albeit they come in different colours). Religions and cults and cultures, now these are many.
I would like to propose this conundrum.
Supposing that I belonged to a religion and cultural group whose beliefs demand a human sacrifice and cannibalism on each full moon. Say it was based on the Werewolf god. If enough of my co-religionists were to come to Malta, we would be guaranteed this sacrosanct right and anyone else who would dare to oppose us, would be arrested for a hate crime and xenophobia? Right?
It would be illegal to go against cruelty and inhumane treatment and discrimination if it is wrapped up under the guise of Religion or Ethnicity. Therefore, defending Human Rights has effectively been made into a punishable offence.
Mark Aloisio
Nov 27th 2008, 18:45
Emma Xerri: how exactly is the dissemination of racial or ethnic hatred (which is something that this new law will target) conducive to, as you put it, "rational and concrete public discussion"?
Louise Vella: You always have simple (I would say simplistic) solutions on how to put an end to the arrival of migrants from North Africa. On the other hand, when it comes to a law that aims to criminalize the dissemination of racial/ethnic hatred you suddenly become the champion of nuanced thought.
Guze Xerri
Nov 27th 2008, 18:41
@ louise vella,
And people have a well founded right to have an aversion to certain "catholic sects". Real world history is full of their hidden hand manipulation and influence in all governments including in Malta.
Joseph Cauchi
Nov 27th 2008, 18:32
"Xoghol, Gustizzja u Liberta" ?
Free Speech and Freedom of Expression ?
Quo Vadis Malta?
../..
Emma Xerri
Nov 27th 2008, 17:50
The definition of a 'phobia' is medically defined as an irrational fear of someone or something.
Now to be afraid of a very real threat, say such a cobra ready to attack you would not be classed as a phobia but a real and rational fear designed by nature to make you take flight or precautions.
The Maltese are not xenophobic but their fear is base on real and concrete facts.
Firstly, the limited space of our island and the already dense local population. Secondly, as seen in what is happened in other countries, new nations are created and stolen from under the host country once enough of the 'immigrants' gathered enough strength in numbers This is usually preceded by armed conflict and terrorist acts, demanding the creating of their own state.
To create laws to stifle rational and concrete public discussion on the repercussions of adopting this already failed policy speaks to me of the existence not of a Democracy put a Police State.
John Spiteri
Nov 27th 2008, 17:47
Next you will not be allowed to have thoughts other than those approved by the state. these type of laws go against the very basis of equal justice, because the law far from being applied equally irrespective of race, colour and creed will be made dependent on these very things.
shame.
M. Mercieca
Nov 27th 2008, 16:47
@ louise vella
The bill says “hostility, aversion or contempt”. If a Maltese person decides to stand in a bus, rather than sit next to an illegal immigrant, he certainly shows his aversion. By how many months’ imprisonment will that be punishable?
How would you know the legal status of a commuter?
John Borg
Nov 27th 2008, 16:36
Dear "Igalea": welcome to the civilized world! You remain free to speak your mind on the benefits or otherwise of immigration. If, however, you choose to do so by disseminating racial or ethnic hatred against an individual or a group, you can now expect to be prosecuted to the full extent of the law. It's as simple as that.
Tony Cassar
Nov 27th 2008, 16:25
@ lgalea
See you in jail then...
lgalea
Nov 27th 2008, 16:16
Whatever the Government does to try to muzzle us we shall continue to speak against the integration of illegal immigrants.
The Government should know that the more obstacles it places for people to speak their minds against the ILLEGAL immigrants the more they will be resolved to disregard and remove that obstacle.
We've just heard on the news that property speculators will be kicking out Maltese workers to employ ILLEGAL immigrants to lower their costs.
Does anyone in his proper senses think that this will not continue to increase the aversion and hatred for illegal immigrants when Maltese workers will see themselves kicked out of their jobs for the ILLEGAL immigrants to be employed instead?
Gonzipn do your duty towards your country. Repatriate all the ILLEGAL immigrants.
AnnMarie Pawley
Nov 27th 2008, 15:24
@Graham Crocker
Does religion have anything to do with race?
louise vella
Nov 27th 2008, 14:58
The bill says “hostility, aversion or contempt”. If a Maltese person decides to stand in a bus, rather than sit next to an illegal immigrant, he certainly shows his aversion. By how many months’ imprisonment will that be punishable?
“racially or religiously motivated, wholly or partly, by xenophobia”. Some people have an aversion to certain sects which claim to belong to the Catholic Church. Is that punishable? Will aversion to some particular religious order be punishable?
Jane Mifsud
Nov 27th 2008, 14:54
@ D seychell "Unfortunaletly, for an increasing number of maltese that feel that their living space, culture and identity is threatened..."
exactly what culture and identity is being lost by having immigrants/foreigners let in our country? haven't you ever noticed the increasing number of comments from people grumbling about Good Friday processions/exhibitions, Church bells ringing, fireworks (though i admit that some are too loud, not all though) and other such things that make up our culture? and before someone jumps in saying that these are mostly tied with catholic religion, i want to make clear that i'm talking about the external activities....
this not to mention the number of people who prefer to speak our second language as opposed to our mother language!
S Calleja
Nov 27th 2008, 14:35
Sexual orientation discrimination is referred to as homophobia. It would take a lot more than just a minor piece of legislation to eliminate homophobia, which the state, no doubt due to the church's ridiculous beliefs, actively supports. Changes would have to be made to a whole list of other laws/statutes and codes of ethics.
Graham Crocker
Nov 27th 2008, 14:14
D Brincat
Sexual orientation has nothing to do with race
Charles Sammut
Nov 27th 2008, 13:32
@ D Brincat
Not until such time as homosexuals form a political party which could threaten the PLPN staus quo.
A. Saliba
Nov 27th 2008, 13:26
@D. Brincat
Do you really expect the government to enact laws against sexual orientation discrimination, when the the government itself discriminates against homosexual people?
David Seychell
Nov 27th 2008, 12:45
By doing absolutely nothing concrete to stop the huge waves of illegal immigrants, the Gov+Opp are indirectly responsible for the increase of intolerance and antipathy towards these people. Unfortunaletly, for an increasing number of maltese that feel that their living space, culture and identity is threatened, the message they are getting is that the Government is impotent and hence -they believe- if you don't want these irregular immigrants you have to, sort of a do-it-yourself repatriation, cause the government that should be responsible in defending our national borders will only remain complacent. I have personally heard people say that the only solution available is to "let them drown" or "kick them out". And the tragedy is that I have personally known some of these people for years and I am sure that they don't really mean it, but say these sad things out of their frustration.
I am afraid that this muzzling law will only increase our frustation.
Miriam Maria Micallef
Nov 27th 2008, 12:30
Finally, now let's see who will be the first of the pro-aborts to taste the consequences of calling someone a funadmentalist or a religious zealot for speaking up for unborn babies. That type of abusive threatening and insulting langauge will now finally stop.
D Brincat
Nov 27th 2008, 11:51
"It says that violence or racial hatred mean "violence or hatred against a group of persons in Malta defined by reference to colour, race, religion, descent, nationality (including citizenship) or ethnic or national origins or against a member of such a group"
But not their sexual orientation?