A policy of sending all migrants rescued at sea straight back to Libya would breach their fundamental human right to ask for protection, according to former President Eddie Fenech Adami.
He acknowledged that a hard-line stance to repatriate all migrants could help break the criminal rings that traffic in humans because it would send the message that there was no point in attempting the crossing.
Speaking at a conference marking five years since Malta joined the EU, Dr Fenech Adami insisted on using the word "irregular" rather than "illegal" to describe the migrants.
The former President, who was a keynote speaker yesterday in a conference organised by Nationalist MEP Simon Busuttil to mark the first five years of EU membership, was critical of the Union for not showing enough solidarity with Malta and Italy in handling the phenomenon.
"On the issue of immigration the EU can do much more. I am very critical of the EU in this regard. However, we also need to ask ourselves what would have happened if we were not members," Dr Fenech Adami said.
There needed to be much more involvement by the EU to help improve conditions in the countries from where these migrants left, he added.
Referring to a recent incident in which migrants rescued off Lampedusa were immediately returned to Libya without being given the chance to apply for asylum, Dr Fenech Adami said it was an isolated incident.
"If the Italian government is sending all rescued migrants back and Malta seems to agree with this, we could be breaching their fundamental human rights because some may be deserving of protection," Dr Fenech Adami cautioned, echoing the concerns expressed by the UNHCR.
The Migrants Commission of the Vatican took the same line yesterday, saying Italy's decision had violated international rules on the rights of migrants under which all possible refugees have the right to place an asylum application.
Dr Fenech Adami also expressed concern at the negative attitude of the Maltese towards migrants, which he described as "almost racist in nature".
He also pointed an accusing finger at politicians: "When politicians do not use the correct language there is the real danger of creating racist sentiments," the former President said.
Dr Busuttil, however, defended the Italians' new push-back policy.
"We can argue against taking people rescued at sea back to Libya but if we take this argument to its logical end it would mean that all those migrants in Libya have a right to ask for protection in Europe. Between risking their life at sea and not leaving Libya in the first place, logic dictates that they opt for the latter option," Dr Busuttil said.
The issue of migration was raised by a number of people from the floor. While one woman spoke of the need to address the issue from a humanitarian perspective, another man described immigration as a threat and a "silent invasion" by Muslims.
Some questioned the EU's readiness to help Malta while others insisted that Libya was not doing enough.
Drawing on these comments, European Commissioner Joe Borg, another guest speaker, said Brussels was in talks with Libya on an association agreement since it was the only north African country not to have one.
"The agreement will seek to provide benefits to Libya but it will also seek obligations from the country, especially in respect of illegal immigration," Dr Borg said.
Meanwhile, the forced return of migrants was described as a "loss for humanity" in a statement issued by the Director of the Jesuit Refugee Service Fr Joseph Cassar.
"Forcibly returning people to a country where they may face ill-treatment and be pushed back into the arms of their persecutors, without an assessment of their need for protection, violates international law," he said.
"A solution achieved at the expense of human rights cannot be hailed as a victory - it is a loss for the whole of humanity."
He pointed out that in Malta alone more than half of those who applied for asylum were granted some form of protection.
"They use an irregular route because it is impossible for them to reach a place of safety in any other way," Fr Cassar added.
He was speaking yesterday on behalf of a coalition of 10 Maltese and international NGOs, Church organisations and concerned individuals.
The coalition is made up of Amnesty International, the Emigrants' Commission, JRS Malta, JRS Europe, JRS Italia, Kopin, Médecins Sans Frontières, Migrants' Solidarity Movement, Moviment Graffiti, SKOP, Terry Gosden and Fra Gwann Xerri.