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Malta's neutrality provisions face sternest test

The RAF is expected to deploy its aircraft, such as Tornados, to Cyprus.

The RAF is expected to deploy its aircraft, such as Tornados, to Cyprus.

Malta's neutrality, enshrined in the Constitution in 1987, is facing its sternest test today after the United Nations Security Council adopted a resolution authorising a No Fly zone and use of military force against Libya.

The Constitution provides that:

"Malta is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of non-alignment and refusing to participate in any military alliance.

Such a status will, in particular, imply that:

(a) no foreign military base will be permitted on Maltese territory;

(b) no military facilities in Malta will be allowed to be used by any foreign forces except at the request of the Government of Malta, and only in the following cases:

(i) in the exercise of the inherent right of self-defence in the event of any armed violation of the area over which the Republic of Malta has sovereignty, or in pursuance of measures or actions decided by the Security Council of the United Nations; or

(ii) whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the Republic of Malta;

(c) except as aforesaid, no other facilities in Malta will be allowed to be used in such manner or extent as will amount to the presence in Malta of a concentration of foreign forces;

(d) except as aforesaid, no foreign military personnel will be allowed on Maltese territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defence of the Republic of Malta."

The fact that military action against Libya has been duly authorised by the Security Council means there is no legal impediment stopping the government from accepting any requests for Malta to be used as a springboard for the enforcement of the no-fly zone over Libya.

The Prime Minister over the past weeks said that Malta would not be used for military action against Libya, but it was not clear whether that would apply also if military action was authorised by the UN. He also said that Malta 'will not stand idly by' if there is a genocide.

Dr Gonzi said Malta would continue to offer its services as a logistics hub for humanitarian aid.

It is not clear if Malta will allow foreign military aircraft to transit its airspace, while not landing here. French military aircraft are likely to take off from France and would therefore not need to fly through Malta's airspace to reach Libya. Similarly, British aircraft are likely to take off from bases in Cyprus and would therefore fly East of Malta's airspace. US aircraft are expected to take off from an aircraft carrier.

However Maltese airspace may have to be used if the US uses its bases in Italy, or if Italy itself decides to take part in the no-fly zone. No authorisation is needed for military aircraft to use the wider, flight information region.

Several other countries, such as Norway, Poland and Denmark, have said they intend to participate in the enforcement of a no-fly zone.

A spokesman for the Ministry of Foreign Affairs this morning could only say that Malta's position 'has not changed' but he could not give further details.

The Prime Minister has been in constant contact with the Leader of the Opposition as the upheaval in Libya evolved and further talks are likely before any change to Malta's position is decided.

Meanwhile, Libya this morning shut down its air space to all traffic, Europe's air traffic agency said.

ITALY CONSIDERS POSITION AMIDST LIBYAN 'THREAT'

Italian Prime Minister Silvio Berlusconi early today discussed Italy's response with Defence Minister Ignazio La Russa, President Giorgio Napolitano, undersecretary of state Gianni Letta and top military officials.

"Let's hope Italy keeps out of this initiative," Libyan Deputy Foreign Minister Khaled Kaaim told ANSA in Tripoli, referring to the possibility that Italy will allow its territory to be used for bombing raids on Libya.

"We are certain Italy has Libya's integrity and the protection of the population at heart. Let's hope that it doesn't consent to the use of its bases," he added.

Massimo Panizzi, a NATO advisor, told reporters in Brussels that the alliance would examine the UN resolution in detail before taking any action.

"The UN Security Council's resolution will be examined carefully. NATO will act on a clear mandate and with regional support," Panizzi told SKY Italy.

"NATO will now examine the resolution and will consider if it is necessary to act," he said.

Italy -- Libya's former colonial ruler and top trade partner -- has been diplomatically cautious so far but, like Malta has voted in favour of sanctions against Gaddafi's regime in line with the rest of the international community.

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l aquilina

Mar 19th 2011, 19:02

Oh go forth and multiply.. who elected you Mr Magro to speak on behalf of the Maltese??

John Zammit

Mar 18th 2011, 20:02

your neutrality is a joke, no such neutrality exists when a situation likes this arises. I wonder how neutral one is, when one decides to attack you!!!

George Azzopardi

Mar 18th 2011, 16:08

rightly said Varist

Aaron de Giorgio

Mar 18th 2011, 13:04

Sir, I just wish that before you comment, you read the constitution. The constition says (I quote from English translation):

no military facilities in Malta will be allowed to be used by any foreign forces except at the request of the Government of Malta, and only in the following cases:

(i) in the exercise of the inherent right of self-defence in the event of any armed violation of the area over which the Republic of Malta has sovereignty, or in pursuance of measures or actions decided by the Security Council of the United Nations..."

Therefore MILITARY ACTION from Maltese soil is allowed under the Constitution. Please pause, take a breath and read before you pollute the air with worthless and stupid comments.

E Galea

Mar 18th 2011, 13:11

Not if UN demands Malta to be used as a military base in face of the killing being done in Libya. In that case Malta has no other option but to comply.

Evarist Saliba

Mar 18th 2011, 13:14

Obviously, you have not read the Constitution, or if you have, you have not understood it. If you have, then you are deliberately misquoting it to deceive.

Corinne Vella

Mar 18th 2011, 13:22

Malta's law provide for overriding the neutrality clause when a UN resolution is passed. That happened last night. Malta can also override the neutrality clause if there is an attack on Malta. Gaddafi has threatened to attack all air and sea traffic.

The decision to remain on the sidelines is now not a matter of legality.

Anthony Farrugia

Mar 18th 2011, 13:30

You have got it all wrong; There is a resolution by the Security Council and our constitution states :

b) no military facilities in Malta will be allowed to be used by any foreign forces except at the request of the Government of Malta, and only in the following cases:

(i) in the exercise of the inherent right of self-defence in the event of any armed violation of the area over which the Republic of Malta has sovereignty, or in pursuance of measures or actions decided by the Security Council of the United Nations;

So there is no obstacle to participating and helping in implementing the no-fly zone.

B. Cachia

Mar 18th 2011, 13:51

You don't seem to have read the Constitution.

KBusuttil

Mar 18th 2011, 14:35

In case you hadn't noticed, the author of this article even put the relevant passage in italics - the maltese constitusion specifically mentions foreign military operations through maltese territories IN THE CASE OF A UN RESOLUTION And guess what this is.... Bingo!
We always ramble on and on and on about our humanitarian and christian vaules and yet allow a dictator to slaughter his people in the name of political neutrality... Prosit. I can see how HUMANITARIAN this is as per constitution...

Mary Borg

Mar 18th 2011, 13:17

And then what if a bomb accidentally kill innocent Libyan civilians? What do we say to their families, 'Sorry but we meant to kill Gaddafi'? Just as the Germans said, it's risky. That's the problem.

J.Scerri

Mar 18th 2011, 13:30

"..at the request of the Government of Malta."
It cannot be any more clear. Now we can only hope our Government does not ask for trouble.

M. Farrugia

Mar 18th 2011, 16:30

Jiena qieghed nikkummenta fuq il-legalita tas-sitwazzjoni. Il-Gvern Malti jista jiddeciedi li jippartecipa minghajr ma jikser il-Kostituzzjoni tal-Pajjiz.

Issa jekk il-Gvern ghandux ir-rieda li, kif jghidu l-Inglizi, "put his money where his mouth is" u bil-fatti jghin halli r-regime qattiel ta' Gaddaffi jitnehha minn wicc id-dinja... imbaghad dik hag'ohra!

L. Bezzina

Mar 18th 2011, 13:24

The British and the Americans made their bed now lie in it, i don't see why we the Maltese should poke our noses in your problems, besides you are the mouth piece - practice wht you preach and leave us out of it.

D. Cachia

Mar 18th 2011, 14:22

Johnnie Bowdler - and what will Malta gain out of this? Those "relics of the past" which you mention always had Malta's well being at heart, unlike short-sighted cowboys.

Quit being a puppet of western media - they only get involved when it suits them to. Even huge countries such as Germany and Italy are trying to stay out of it. Why would you want to involve Malta, when the no-fly zone can be just as effectively enforced without any Maltese intervention? I bet that you'd be regretting it had you said the same thing at the start of the Iraq/Afghanistan wars.

And to the hero (JJ Mercieca) who stated that military installations can better protect us than a neutrality clause - this is so childish: staying out of a conflict is our best protection. No country has the reason to attack Malta, UNLESS we paint ourselves as a (very easy) target.

Save your bravado for Paceville, will you? This is not the time to swing our miniscule banana and play pretend soldiers.

John Micallef

Mar 18th 2011, 17:45

Johnnie Bowdler our principles are neutrality and peace. Yours are war and death. Just put your money where your mouth is and volunteer to go and fight with the rebels against Gaddafi.

E Galea

Mar 18th 2011, 13:13

....If Italy allows the US to use these bases for the attacks. If not, the US are forced to use elsewhere = Malta?!?!?!

G A Bonello

Mar 18th 2011, 13:24

I suggest you get your Mediterranean Map out - Crete (NATO) and Cyprus (UK) both have large military bases AND are closer to Benghazi than Malta. The difference in flying time to Libya from Sigonella compared to Malta is about 4 minutes. Why use Malta when everything needed is already in Sicily/Cyprus/Crete?

George Azzopardi

Mar 18th 2011, 13:25

Aren't you one of those who voted for the change in costitution? If not you then your collegues did. Int ahna jew?

M. Vella Wilson

Mar 18th 2011, 16:41

@Dr Portelli and all those of the same view ... please keep internal politics out of this. This is the time when Reds and Blues should band together for the good of the country and not dredge up issues of the past. No use cyring over spilt milk ... best get together as a civilised nation and protect our rock of an island!

m. borg (slm)

Mar 18th 2011, 15:22

Barra li kull ma ghidt huwa zbaljat ir-Rig kien amerikan tar-Reading and Bates, it-taljani kienu qed ihaffru b' Scarrabeo IV in-naha ta' fuq ta' Malta.
Ma kontx ezatt fuq din il-haga zghira ara kemm kont precizz fuq il-bqija.

Andy Farrugia

Mar 18th 2011, 12:07

Yeah right! Continue with your anti-American and anti-British drivel! On the side of the dictators aren't we? Sheer hypocrisy!

Andy Farrugia

Mar 18th 2011, 12:07

Yeah right! Continue with your anti-American and anti-British drivel! On the side of the dictators aren't we? Sheer hypocrisy!

Raphael Vassallo

Mar 18th 2011, 12:20

Cyprus much closer to Benghazi than Malta? When's the last time you looked at a map of the Mediterranean?

Jesmond Farrugia

Mar 18th 2011, 12:34

The overriding consideration is to prevent further loss of life and wider escalation -- not to protect a "neutrality clause" for which no supporting argument now exists.

C. Spiteri

Mar 18th 2011, 12:43

Malta should contribute in the most sensible way to the downfall of Dictator Gaddafi.
With regards to Israel your argument does not hold as whatever Israel does is to protect its' independence and citizens.

The rest of the countries: Not covenient for the UN / US and other major world powers to act.

Corinne Vella

Mar 18th 2011, 12:45

The question is not 'why should we get involved'. You mean to ask 'how should we get involved'. We could start by behaving like grown ups and stop using our neutrality clause as an excuse.

JFarrugia

Mar 18th 2011, 15:40

Yeah the typhoons are ancient!!!, Besides the Tornado's have a proven track record, so less of your smarmy comments Mr WALLY. Your other comments i agree with. apart from Bahrain none have OIL.

T Camilleri

Mar 18th 2011, 17:34

Joseph Agius prove that Malta was used for the Lockerbie bomb. Evidence suggests that it was loaded in another country and not from Malta.

Victor

Mar 18th 2011, 12:19

Dear Joe, the great germans bombed the rock while the british defended it.
Go ahead and fallow the footsteps of the germans.

Corinne Vella

Mar 18th 2011, 13:05

The Christian thing to do is to sit by and let others do the job? I recall an equally absurd suggestion to send Libya's fighter planes back to Gaddafi. That, too, was cited as 'the Christian thing to do'.

J Farrugia

Mar 18th 2011, 11:32

to hell with our stupid neutrality. This was an imposition by the Mintoff illegitimate government. so Malta has a right to prevent massacres being carried out by dictatorial and usurpers. Gadaffi usurped power in a coup d'etat, and it is only right that this colonello dei miei stivali is ousted and tried for high treason against the people of libya and against the state of Libya. And tear your neutrality to pieces like mintoff did to our maltese constitution. We are not neutral in this matter. Our hearts are all for the innocent people of Libya. And not for the Gadaffi criminal clans and regime.

Joseph M. Meli

Mar 18th 2011, 11:21

Finally, something for me to AGREE upon with Dr Saliba :)

M Vella

Mar 18th 2011, 11:29

Prosit Alex I agree 100%.

Anthony Farrugia

Mar 18th 2011, 11:14

An embassy is an embassy is an embassy, full stop.

A.Camilleri

Mar 18th 2011, 11:39

Due to US embassies being target for terrorists, the US have decided that all embassies they have in all countries have to have a compound for safety.
hope this answer your question MR. Chris.

Mark Demicoli

Mar 18th 2011, 12:01

Hallik milli an embassy is an embassy full stop. Think about it, such a big area.....an embassy? Such a remote area......just an embassy? An area which is so so close to the old Ta Qali runway......just an embassy? This can be turned into a base in a couple of weeks!

John Zammit

Mar 18th 2011, 11:02

dont be absurd!!!

louis zammit

Mar 18th 2011, 11:08

now when all the LIBYANS start flocking to Malta we tell them COME ..STAY HERE ,,,,,YOU ARE SAFE HERE.....COS WE ARE NEUTRAL.............

Mark Schembri

Mar 18th 2011, 11:10

Ehe, jekk tibda gwerra, tghidx kemm jibdew isiefru t-turisti! Jifqghuna!

Andrew B. Gatt

Mar 18th 2011, 11:36

Sur Brincat, int fid-dinja tghix ?

Claude Lacoste

Mar 18th 2011, 12:28

Gaddafi, will he be regarded as a tourist after have asked for asylum in Malta? and quid of the maltese neutrality, at that moment ?

NAttard

Mar 18th 2011, 12:59

To hell with our neutrality. Let's do all we can to help the Libyan people. Lives are at stake and that should be our top priority at the moment.

We must do our part, however small that might be, to get rid of the Gaddafi fools once and for all!

We cannot be neutral in such a situation.

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