Let's stop beating around the bush. The discussion on divorce will continue in merry-go-round fashion unless concrete political action is taken. With the Nationalist Party being adamantly against divorce and the majority of Labour Party MPs who would "vote freely" against should a Divorce Bill be presented in Parliament, the outlook is grim for a substantial majority of Maltese and Gozitan citizens who are in favour of this civil right. One must also take into account the fact that the introduction of divorce is no longer a divisive issue for society as it may have been in the past and consensus about this right can be witnessed across the board.
In fact, many people, even those who may not view divorce as something they will need to resort to or who might find it irreconcilable with their faith, accept that the possibility to set up a new family, after a marriage irremediably breaks down, is an important right for all in today's society. The right to divorce in Malta is another instance of treating people as grown-ups, giving them the right to choose the best way how as to run their lives without interfering politically, as some conservatives may do, in one's private matters.
The lack of real political commitment on this matter that one can regularly witness strengthens my resolve to put civil rights at the forefront of my political platform. A recent article by a Nationalist MEP skirted the whole issue by hiding behind the vaguest smokescreen regarding yet another pledge to regulate cohabitation.
The article was also filtered through the most selective of sieves, excluding any possibility of considering same-sex couples or other forms of non-married couples.
In addition, a pledge "to give couples a chance to live a better life" was tantamount to legalising coupledom out of wedlock. That also seems to be the latest trend: the institutionalisation of "gray relationships", hovering between separation and cohabitation, or the legalisation of a "marriage" not called by its real name because neither this roundabout way of divorcing is called as it should be.
The PN's schizophrenic attitude to the marriage legislation issue is evident when its exponents bend themselves backwards to propose anything but divorce and never mention it by name. They would rather perpetuate the prevailing social chaos and mount a rickety defence of the right to cohabit while not addressing the real issue of the right to remarry. This situation continues to reproduce the anomaly of having the right to remarry by resorting to a civil annulment or by getting a divorce in another EU country (which is then recognised in Malta but not permitted by our law).
It is extremely unfair that, due to the other parties' electoral interests, persons facing these situations are continually left in the dark.
I sincerely believe that the only way forward is AD's consistent stand on the issue and an AD MEP will certainly work on it through the European Parliament. To be clear, the EU cannot impose on Malta to legislate on divorce. However, an AD MEP will use all the possibilities offered by the EU to speed up the recognition of civil partnerships and the social, legal, pension rights of all non-married couples as well as the introduction of divorce in Malta. This can be done through consistent activity from day one of the MEP's election, including parliamentary questions, interventions in the European Parliament and organising a hearing on this issue in the European Parliament. An AD MEP will present a resolution in the European Parliament urging the Maltese government not to discriminate between Maltese residents abroad and those residing in Malta and to give the possibility to those couples whose marriage has irremediably failed to start a new life, whatever it may be.
On the other hand, one must stress that the introduction of divorce should be accompanied by the strengthening of the family. We propose the introduction of lay marriage preparation courses and counselling by the state, services that can then be offered to do as much as possible to avert the dissolution of marriage in case of potential breakdowns.
It is also through divorce that one can move on to resolving other anomalies regarding the regulation of the rights and obligations of other forms of cohabiting couples. The solidarity and commitment of persons towards each other cannot be ignored by society and it is unacceptable that persons who have spent a substantial part of their lives living together and for each other are left in the lurch and without any rights whatsoever. The granting of divorce will be the first step to regulate the ensuing social chaos of children being born out of wedlock.
The introduction of divorce legislation will not cure all society's ills but it will definitely put an end to the discriminatory state of affairs where only divorce obtained in another country is recognised. This will also allow those who want to show their commitment to the formation of a new family to exercise their civil right to do so. Together with the introduction of other measures to strengthen the family unit, divorce legislation will put an end to the prevailing chaos.
The author is an MEP election candidate on behalf of Alternattiva Demokratika - the Green party.
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