UN racial discrimination committee ‘concerned’ about migrant treatment

Reports of excessive use of force in quelling riots, political “hate speech” and inadequate living conditions at detention centres all feature in a fresh report about Malta by the UN’s racial discrimination committee.

Malta still lacks a dedicated national human rights institute

In the report, published last week, the UN Committee on the Elimination of Racial Discrimination said it was “concerned” about recurring riots within detention centres, as well as reports of excessive use of force in countering them.

The committee’s remarks were published in the wake of the government’s flat refusal to hold an inquiry into the use of rubber bullets, revealed by The Sunday Times, in quelling a violent disturbance by irregular immigrants at the Safi detention centre last month.

The committee also expressed unease at living conditions within detention centres but stopped short of condemning Malta’s mandatory detention policy. Instead, it recommended that the government informs detainees of their rights and improves conditions at the centres. Families with children, it added, should not be placed in detention.

However, it was remarked that no Maltese NGO presented a report or statement to the committee, despite having the opportunity to do so. Of the nine countries that submitted reports to the committee last month, Malta was the only one without a single civil society submission.

The report also noted the miniscule number of court cases – only four since 2001 – related to racial discrimination.

In one of its more critical comments, the committee reiterated its view that “any lack of complaints (of racial discrimination) is not proof of the absence of racial discrimination and may be the result of the victim’s lack of awareness of their rights, lack of confidence... in the police and judicial authorities or the authorities’ lack of attention or sensitivity to cases of racial discrimination.”

The UN Committee also noted with concern the “discriminatory discourse and hate speech” of some Maltese politicians, as well as the “racial discourse” in certain media outlets.

Malta, the committee noted, still lacked a dedicated national human rights institute. It recommended that one be established, or that the mandate of the National Commission for the Promotion of Equality be expanded in order for it to fulfil that role.

The NCPE was set up in January 2004. Racial discrimination, which was not originally part of its mandate, was included under its umbrella in 2007. Individuals can file a complaint with the NCPE alleging racial discrimination. If the NCPE finds that discrimination has occurred, it can refer the case to the law courts or mediate between the two parties, but it has no powers of adjudication or enforcement.

Malta’s detention policy has been criticised by various quarters. In a 2010 judgment, the European Court of Human Rights held it was illegal for the government to detain a migrant whose application for refugee status had been denied and who it was unlikely to deport.

Earlier this year, Council of Europe Human Rights Commissioner Thomas Hammarberg also criticised Malta’s detention policy, calling it “irreconcilable” with European human rights standards.

The committee also touched upon education, housing, employment and social spheres, saying refugees and other migrants continued to face discrimination in these fields.

However, it commended the government for a number of legislative amendments and welcomed its efforts in dealing with continuing flows of irregular migrants. It also appreciated the “frank and open dialogue” it held with the Maltese delegation.

The CERD Committee is part of the UN Convention on the Elimination of Racial Discrimination, which was established in 1965. It binds states to commit no act of racial discrimination, to ensure domestic legislation leaves no room for any such discrimination, to prohibit and prosecute any occasions of racism, and to encourage the elimination of barriers between ethnic groups.

Malta signed the Convention on the Elimination of Racial Discrimination in 1968 and ratified it in 1971. As part of its ratification obligations, the government must regularly submit a report on the measures it has taken to prevent racial discrimination to the CERD Committee.