Detention of migrants 'irreconcilable with human rights standards'
“Many migrants in Malta face inadequate living conditions and have little chance of integrating durably in society” the Council of Europe's Commissioner for Human Rights, Thomas Hammarberg, says in a report releasing today. He visited Malta for three days in March.
According to the Commissioner, Malta should establish a human-rights compliant system of reception and integration of migrants.
“European solidarity is key to this endeavour” said the Commissioner; “this means more avenues enabling migrants to move to other countries, but also financial and other assistance to improve the material conditions, asylum determination procedures and integration opportunities in Malta. This is even more urgent today, as Malta has seen new arrivals of migrants from Libya since the end of March”.
The Commissioner said he considers the policy of mandatory administrative detention for arriving migrants, including asylum-seekers, as irreconcilable with human rights standards. The Maltese authorities, he said, should implement alternatives to detention and make effective remedies to challenge detention available to migrants.
The Commissioner said he found the situation in the Hal-Far tent village migrants centre inadequate even for short periods of time and recommended its closure.
Material conditions in the Hangar Open Centre in Hal-Far, which has re-opened since the Commissioner’s visit and following new arrivals from Libya, are also reported to be seriously sub-standard.
“This is a very serious concern”, said the Commissioner, “especially as vulnerable individuals, including very small children are accommodated there”. The Commissioner recalls that vulnerable groups of migrant people, such as families with children, unaccompanied minors, pregnant women, elderly persons and persons with disabilities are entitled to special protection.
“They may be detained only as a measure of last resort, not as a rule. Adequate care should always be provided to them. Therefore their accommodation in big open centres including those in Hal-Far and Marsa, must be avoided.”
Commissioner Hammarberg praised the Maltese authorities’ long-standing efforts to rescue irregular migrants at sea and urged the authorities to keep the country’s borders open for people in need of international protection, including those who are forced to flee from North Africa. He underlined the need to ensure effective access to adequate asylum determination procedures and to avoid returning individuals to countries where they would face a real risk of persecution or ill-treatment.
The Commissioner welcomed the progress made in several aspects of the asylum system in recent years in Malta, such as the shortening of the time needed to process asylum applications, improved provision of information to asylum seekers, and the increased rate of recognition of refugee status. However, further progress was necessary in law and practice concerning asylum proceedings.
“The Maltese authorities should provide access to legal aid, and improve access to case files for asylum seekers and their representatives in first instance proceedings before the Refugee Commissioner. Furthermore, second instance proceedings must be made an effective tool for review”.
On migrants’ integration into society, the Commissioner said he was concerned by the fact that the system currently in place to support migrants, including beneficiaries of subsidiary protection, perpetuated their social exclusion and left them at serious risk of destitution. He stresses that financial support for migrants should not be dependent on residence in the open centres and that all beneficiaries of international protection should benefit from financial support and social assistance.
Finally, Commissioner Hammarberg said he was seriously concerned at manifestations of racism and xenophobia in Malta. “These phenomena exacerbate the difficulties that migrants face across many areas of life, including employment, housing, access to services and places of entertainment. Stronger efforts are needed to counter this trend and to foster the durable integration of migrants in Malta. The media should also be more engaged in fostering mutual understanding and combating stereotypes in public debate.”
CLOSING DETENTION CENTRES 'NOT FEASIBLE'
The Ministry of Home Affairs in a reaction issued last week when the report was sent to the ministry, said the recommendation for Malta to consider alternatives to detention was not feasible in the local context.
The ministry pointed out that Malta received migratory influxes disproportionate to its size and capacity.
It noted that the report acknowledged progress in the asylum determination process, mainly with reference to the reduction in the average time frame for processing asylum applications, which now stood at five to six months, as well as in relation to the increase in the percentage of asylum seekers recognised as convention refugees.
Notwithstanding this, government considered that detention remained a necessity, particularly in view of Malta's geo-social realities and the fact that the identity of irregular migrants cannot be ascertained upon arrival.
The recommendation in the report to consider alternatives to detention is simply not feasible in the local context, especially as Malta receives migratory influxes disproportionate to its size and capacity.
At the same time efforts were consistently being made to provide the best possible reception conditions, further to providing detainees with all relevant rights, including the right to challenge their detention decision in line with the law.
Several initiatives were also being carried out at open centres, both with regard to reception conditions as well as initiatives to facilitate integration.
The ministry said that it had to be recognised that the consistently large number of migrants residing at the centres imposed limitations vis-à-vis refurbishment initiatives, whereas Malta's ability to absorb migrants over the long-term remained limited, especially in view of its small labour market.
It was in view of these considerations that Malta called for the assistance of other states through the resettlement of beneficiaries of international protection, a call that Mr Hammarberg has supported, in recognition of the particular difficulties that Malta is facing, the ministry said.
It said that, on the other hand, the Commissioner's recommendation to close Hal Far tent village was simply not realistic at the time the visit took place, and was even less realistic now that the migratory influx to Malta has resumed pursuant to the Libyan crisis.
Malta's reception capacities remained overstretched and appeared likely to experience more pressures in the near future.
"It is an indisputable fact that policies in the migration sphere have to be formulated with reference to the country's geo-social realities, as well as to the financial and other resources at the disposal of the authorities.
"It is regrettable that Mr Hammarberg has not always accorded due weight to the realities characterising the migration scenario in Malta," Malta said.
Malta's full reply can be downloaded from the Ministry for Justice and Home Affairs' website.
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Mr Alexander Galea
Jun 10th 2011, 21:33
Mr. Commissioner, if you want to show that you are worthy of your position, then put pressure on the countries that are sponsoring a civil war in Libya that not only affected negatively Maltese jobs but resulted in an outpour of illegal immigrants escaping Libya and war refugees. Otherwise just shut up.
Mr Alex Buds
Jun 10th 2011, 18:43
Dear Mr Commissioner:
We don't want to detain them anymore than you do. We just don't want them here in the first place. So either help us in stopping them from coming over, or take them all to mainland Europe when they do come over.
Victor Vella
Jun 10th 2011, 13:03
OK This is the best we can do. perhaps they would be better off in Sweden, Sorry but beggars cannot be choosers, if they don't like it they are free to go back whence they came from.We saved them, fed them housed them as well as we could, and that is our duty, but then again please follow the Maltese saying, hu li hareg il kunvent .
angelo cilia
Jun 9th 2011, 22:02
They should be detained and then repatriated pronto !
Tim Gauci
Jun 9th 2011, 20:26
Actually none of them is planning to integrate here. They accept to do temporarily work for low paying jobs and flee the country when the first opportunity comes, ask the swedes they do enjoy the social welfare service there.
Mr Robert Callus
Jun 9th 2011, 15:32
@Stefan Koludrovic, Raymond Sammut, Charles Sammut
I never said numbers should be IGNORED. I am also strongly against the Dublin II convention. It is outdated and irrational in relation to Malta's size and geographic location.
My criticism is on the fact that the government considers the numbers ONLY, leaving outside other crucial issues such as the integration of migrants.
Mr carlos ellul
Jun 9th 2011, 16:21
Integration can occur if we've got small numbers of immigrants. At this point in time its like trying to 'integrate' the entire Atlantic ocean in a small tea cup.
Mr Tony Camilleri
Jun 9th 2011, 18:03
Integration of illegal immigrats is neither welcomed nor wanted by the vast majority of Maltese citizens as evidenced by all polls.
Mr carlos ellul
Jun 9th 2011, 19:19
I don't mind if we do our share Mr Camilleri. However what the EU colonists expect from us is far from our reach.
Charles Sammut
Jun 9th 2011, 14:40
A gem from Utopist Hammarberg:
“The trend in Europe and the world as a whole should go toward abolishing visa requirements because there is one principle of human rights, namely the freedom of movement, which is prevented, sometimes as a consequence of visa regulation,” Thomas Hammarberg, the Council of Europe’s commissioner for human rights, told the Hürriyet Daily News & Economic Review on Friday.
With people like Hammarberg and Malmström, the future of Europe as predicted by Enoch Powell is guaranteed.
Raymond Sammut
Jun 9th 2011, 15:34
Hammarberg is right in regard to abolishing visa requirements. One should only be required to present their passport to migration and/or border control officers.
Visas are pretty much a thing of the past. They were used (and still used) mostly by overly sensitive governments for "security" purposes. For example, obtaining a visa prior to flying to a country does not mean that one would be free to look for employment in that country.
Ms D Galea
Jun 10th 2011, 10:09
Spoken like a true,modern and progressive Liberal. Haqqek il human rights prize, bhal dak li Gheddafi ta lil Mintoff.
:P
Stephen Koludrovic
Jun 9th 2011, 14:27
@ Robert Callus,
I think that maybe you are the one living in some Cuckoo cloud.
The numbers we are talking about is approx 17,000 and still growing and not a few hundred that your type always seem to be talking about.
As for the second part of your comment, I regularly use the bus system, and can categorically state that I have never ever seen or heard any racist comments by any bus driver.
I personally never go to Paceville,as i think its far too expensive for what is on offer, However it does seem a bit odd that trauma suffering refugees with an allowance of 100 euros a month can wish or afford to frequent Paceville.
Mr Robert Callus
Jun 9th 2011, 13:35
"The ministry pointed out that Malta received migratory influxes disproportionate to its size and capacity."
The Minister is right on that. However, it is not an excuse for dealing with people as only numbers (how many come, how many leave) and doing without proper policy on the integration of migrants. Volunteers do a good job in teaching immigrants on Maltese culture and our language but they barely find any support from the government. And most migrants are very receptive, as I've seen with my own eyes.
Racism is another problem that is barely addressed. And anyone who uses public transport or goes to Paceville and denies it is either lying or living in a different world.
Yes, there is need for help from the EU. But dealing with just numbers in order to please our Louise Vellas won't take us anywhere.
Charles Sammut
Jun 9th 2011, 14:33
@ Mr Robert Callus
When will you and the PN/PL/AD pull your heads out of the sand and admit the truth? Do you want to wait until what has happened in Sweden also happens in Malta? That's the only way politicians learn, when they lose power.
http://www.guardian.co.uk/commentisfree/2010/sep/21/sweden-democrats-election-immigration
Raymond Sammut
Jun 9th 2011, 14:42
I doubt whether the Maltese government is in a position to please anyone. The ongoing problem of illegal aliens entering Malta is well beyond the capacity of the Maltese government, considering that Malta is a tiny landmass with a very small economy.
Mr Callus, you have absolutely no right to pressure the Maltese government to integrate a large number of illegal aliens in Malta. Thousands of Maltese emigrants would want to return to their homeland if the conditions were right, but Malta is overpopulated as it is.
Mr D Muscat
Jun 9th 2011, 12:55
The Swede is right. We aren't doing enough to integrate them. We should follow Sweden's example.
Wait. Didn't they send all 550 immigrants they caught in Sweden back to Malta? So much for integration. Do as I say but not as I do.
Should we follow their example and send the economic migrants back to rebel held Libya. Qatar a muslim country sends their muslim brothers (and sisters- ask miss Obeidi) there why shouldn't we?
Mr Andrew Grech
Jun 9th 2011, 12:50
“European solidarity is key to this endeavour” said the Commissioner
HAHAHA say again!, what's that? European solidarity? The US from across the ocean showed much more solidarity than the whole of EU put together. Shame on you all! Mr. Hammarberg is not in touch with reality. How are immigrants supposed to integrate when there is not even enough work for the natives? How is our social welfare supposed to cater for immigrants when our population is so small and the EU want's us to cut down on the deficit?
We are not racists or xenophobics Mr. Hammarberg, we are just realists, and ANGRY, we asked for help to the other EU member states and only a few took the smallest amount possible.
We Maltese don't have it easy either, its a tough life here and the wages are nothing compared to those abroad. All we need now is to have more taxes imposed on us so that we can slave throughout all our lives just because people like you think that the immigrants are treated poorly, they are treated with the best we have to offer!!!
Yo want to help the immigrants? Help Malta at EU level, and see to it that a law is passed so that all immigrants crossing EU borders are divided in proportion to the population size of each member state, and no picking! this needs to be done at random, but obviously keeping families together. This would bring the whole of the EU to Malta's current situation, and everybody will then be equally sharing in the effort and real solidarity will be shown, especially to the bordering states like ourselves.
Mr Joseph Cauchi Senior
Jun 9th 2011, 12:39
It was reported by Minister Franco Frattini that Gaddafi has been forcing criminals from Libyan prisons to embark on these crossings in order to punish Europe.
In view of this statement, can someone verify if among these illegal immigrants there could be these types of criminals and possibly roaming our streets?
Most probably most of these illegal immigrants are innocent, but one can never know for sure!
JC.
Raymond Sammut
Jun 9th 2011, 12:27
“These phenomena [manifestations of racism and xenophobia in Malta] exacerbate the difficulties that migrants face across many areas of life, including employment, housing, access to services and places of entertainment."(Hammarberg)
I am not aware of any Maltese man or woman in Australia who had to emigrate because of a lack of places of entertainment in Malta.
But I am aware of the many thousands of Maltese in Australia who were forced to emigrate because of a lack of employment, housing and access to services in Malta. Mr Hammarberg's statement is objectionable to me, and I believe it is also objectionable to the Maltese people in general, especially to those living in Australia.
Ms Louise Vella
Jun 9th 2011, 12:23
The Swede Hammarberg, like the Swede Cecilia Malmstrom, thinks that Sweden has the divine right to criticise all other countries and to preach to them. But Sweden, being safe up in the north, has no duties, especially no duty to take its share of our burden of illegal immigrants. Before telling us what to do, Hammarberg should ask his country to set us the good example. As long as he does not, his preaching will be regarded as so much empty words meant to perpetuate the fiction that Sweden is better than other countries.
Ms Maria Vella
Jun 9th 2011, 11:51
I am not a racist and definitely don't wish these people any harm, however Malta is a small island with limited infrastructure.
What do these people expect? 5 star accomodation when we have our own people who are below the poverty line and barely have a place to live?
Charles Sammut
Jun 9th 2011, 11:45
What is irreconcilable with human rights is the mass invasion of a tiny island like Malta. by thousands of people who are completely alien to our culture and who we know, from other countries' experience, will never and in fact can never integrate in our society.
What adds insult to injury in this Commissioner's statement is the fact the Africans, because we are dealing mainly with Africans here, have an enormous continent that is sparsely populated and rich in all resources where they can live and prosper without causing so much social strife in Europe not to mention the loss of life involved in sea crossings. If the EU wants to help these people, it should find ways to resettle them in Africa and get them to live peacefully amongst themselves.
Shifting their problem to Europe does not solve the problem, it only creates further problems for Europeans and eventually the safety valve will blow.
To all those clamouring for burden sharing, that is a short-sighted view of the situation. It only serves to attract evermore increasing numbers of illegal immigrants. And please do not call them "irregular immigrants", if anything they are 'regular illegal immigrants' seeing that they arrive illegally on our shores on a regular basis.
Ms Rose Cilia
Jun 9th 2011, 15:26
I agree with you 100%.
Nowhere in his statement did the commissioner say, that the EU, will be giving us money to finance all the changes he mentioned!
Stephen Koludrovic
Jun 9th 2011, 11:32
Dear Mr Hammerberg,
Just get off your high horse,and stop being patronizing. If you wish to smell the stench just lift your own armpit, and stop trying to smell mine.
No sir, we are neither racists or xenophobic, at least we never were. However with your type of words and ac tions, you are doing a superb job on turning us to be just that.
Mr Edmund Azzopardi
Jun 9th 2011, 11:26
Mr Hammarberg should be critisizing his colleague Ms Cecilia Malmstroem for not doing enough for Malta and Italy and not critisize the Maltese. These people confirm how detached they are from reality.
It is easy to critisize but Malta needs action from the EU, not just words. He has no idea of the island of Malta, which he must in his position. Our position about this must be adamant and we must not budge one cm.
On the other hand we should show them all, once and for all, that irrespective of how small we are, we e can be as strong as the BIG BOYS. But we have to show them. We are being too nice to all of them.
Mr carlos ellul
Jun 9th 2011, 11:26
So Simon was right all along. There is solidarity in Europe. Its just that we don't have access to it and it focuses mostly on saying other nations what to do.
Mr John Azzopoardi
Jun 9th 2011, 11:08
Why doesn't our Prime MInister address Mr. Hammerberg once and for all on behalf of the Maltese nation. Tell Mr. Hammerberg, that he should be a front runner with Ms. Malstrom to put burden sharing in place among the EU partners. WE the maltese are tired of being continuously criticized by these EU bureaucrats. Really tired.
Mr d cini
Jun 9th 2011, 12:48
dear commissioner,
tell me, who were those countries that exploited and are still exploiting the african continent?
you'd rather see who's responsible: then tell THOSE countries to take them into their countries!
THAT would do justice with these migrants.
we'll applaud you loudly if you do.
Ms D. Borg
Jun 9th 2011, 10:52
Dear Commissioner, when the other countries of the EU start accepting these migrants the way we are supposed to accept them, then maybe we will consider some of your suggestions. In the meantime, we are not ready to remove detention or integrate them. If you don't agree, take them all to your country.
Ramon Casha
Jun 9th 2011, 10:36
This is a European problem, and Europe must provide the solution. The commissioner should concentrate his efforts of making the other EU countries do their bit.
Gilbert Lia
Jun 9th 2011, 10:19
Why not accomodate them in 5 star hotels so they can feel better??All nonsense!!If I am not mistaken,some years ago,illegal immigrants in Hal Far burnt down, as a sign of protest(one of the many) the whole building.Some of the things burnt where brand new,like beds,appliances etc. (besides the building itself.)These people do not appreciate anything.Besides they came to Malta ILLEGALY and must be treated like any other person who break the law.In prison there is no luxury,so same apllies in detention centres.They have beds to sleep in,showers to wash themselves in,food to eat and water to drink.
Law Agius
Jun 9th 2011, 10:13
Mr Hammerberg this story will never end !! Please feel free and take some of the illegal imigrants to your beloved country. Like all your collegues in the EU , Much critisizm but no action. If you are a real human rights man, you should have noticed that we are overcrowded with these poor people looking for a better way of living. For this ,your country and the rest of europe should carry the burden equally which may help them to integrate with europeans. Unfortunatly the EU is doing no effort but only nonsense talks and reports.
Besides I would like to thank you for your visit
Phil Humphries
Jun 9th 2011, 10:08
In short, the Commissioner is saying that Malta should be made more comfortable and attractive for irregular migrants / illegal immigrants.
On what planet is he a Commissioner ?
Mr joseph saliba
Jun 9th 2011, 10:00
Dear Commissioner Thomas Hammarberg did you tell the European countries to allow free movement to refugee-status asylum seekes? It is the next step that should be taken if integration is to take place. Then Malta should be helped in a way that no illegals will remain on the Island. I am no racist. I love them all. I talk to them. I wish them and you well.