Bertrand Borg
UN racial discrimination committee ‘concerned’ about migrant treatment
The CERD Committee recommended that families with children be placed in open centres rather than detention. Photo: Darrin Zammit Lupi
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.
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.
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Maria Borg
Sep 12th 2011, 19:58
...“concerned” about recurring riots within detention centres, as well as reports of excessive use of force in countering them.
Right! Our Armed Forces should quell the next riot armed with marshmallow sticks.
Mr Evarist Saliba
Sep 11th 2011, 17:07
I have been involved in dealing with the UN committee CERD. I have submtted, and defended, more than one of the biennial reports required from states that have freely signed the convention on the elimination of racial discrimination. I had found the committee reasonable.
I am therefore surprised by some of its comments, at least as presented in this report, and without being aware what period is covered. I shall limit myself totwo points.
1) Why not be more specific about the politicians indulging in "hate speech"? This is too serious an accusation which tarnishes parliament in general.
2) Should Malta be blamed for the perceived shortcomings of NGO's?
3) I feel that the sources of the evidence on which the report is made, apart from what government submits itself, should be indicated.
Mr Joseph Calleja
Sep 11th 2011, 16:28
A suggestion to the UN and UNCHR and of course all bleeding hearts.
Since Malta has over 3400 empty apartments, why don't the NGOs pay the rent and put these families in these empty apartments. Put your money where your mouths are. How come none of you were on the front lines when these ungrateful people rioted and threw urine, sewer water and bleach on our soldiers and police? They might even have been spat at and on while trying to quell this riot. Talk is cheap. If these NGOs are so concerned about the way Malta treats these people, why not get them out of here and take them to other countries where they will not be so mistreated. Why not turn your attention to the Libyan people, the Syrian people and the Iranian people who are being murdered by their governments? Now that is something to be concerned about. Why not concern yourselves with ill wills in the UK, France, Italy?
Sean Grima
Sep 11th 2011, 15:18
the xenophobic comments only confirm the views about "hate speech"..thankfully, hanqa ta' hmar qatt ma telghet is-sema!
Mr John Azzopoardi
Sep 11th 2011, 13:53
I don't think the UN is in a positoin to talk about human rights as it is the biggest double face organization in the world. What is the UN doing to speak on behalf of the millions if not billions of people who suffer human rights - massive human rights violation in Africa, the Amercas, Asia and the middle east, as well as in some european coutnries. There is so much suffering and abuses, rapes, and other things that peeople take for granted. That is what the UN should be speaking about. In Malta, we are giving food and shelter to people who were picked up in distress becuase they tried to enter europe illegally and we have no idea who these people are. But these people are given the best free medical treatment anyone other citizen in Malta gets, shelter, food and other monies.s Is this an infrigment of someone's human rights. The UN needs to get it's priorities straight and focus on where human rights are really being violated. How about addressing the suffering of the women and children who have nothing to eat, are being sexually abused or held against their will by their families or others, or are being killeddddddddddddddd .That is where the UN needs to focus and not to pick on little Malta who is doing more than it's share to feed and house the illegal migrants.
Mr D Muscat
Sep 11th 2011, 12:51
"The report also noted the miniscule number of court cases – only four since 2001 – related to racial discrimination."
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So let me get this straight. If there are very few cases, that's bad. If there are a lot of cases , that's bad too. Surely a lose lose situation if I ever saw one.
I hope we don't end up like the UK where telling this Irish joke amounts to racial hatred .
A man walked into a Dublin bar and saw a friend sitting with an empty glass.
"Paddy, can I get you another?" he asked. Paddy replied, "Now, what would I be wanting with another empty glass?" '
http://www.dailymail.co.uk/news/article-1302662/People-joke--IS-offensive.html
...or singing the 70's hit 'everyone loves kungfu fighting' brings the police to your doorstep to beef up the racial hatred statistics.
http://www.dailymail.co.uk/news/article-1380971/Simon-Ledger-arrested-racism-performing-Kung-Fu-Fighting.html
or getting reported by the school because your three year old does not like curry so is a racist .
http://www.telegraph.co.uk/education/2261307/Toddlers-who-dislike-spicy-food-racist-say-report.html
http://sistertoldjah.com/archives/2010/10/03/beware-the-racist-toddler-revisited/
Some people should get a life.We don't need the Politically Correct gestapo taking over . The UNHCR should stick to taking care of refugees, real refugees.
Kenneth Galea
Sep 11th 2011, 11:17
The UN or the UNHCR can do and say whatever they want. It is well known that both organisations embrace illegal immigration and put unnecessary pressure on the recipient countries to the detriment of the legal citizens already living there. Both organisations lost credibility and countries are no longer interested in their findings and reports. At the end of the end they would be out of job if they did not waste their time and resources drawing up these senseless reports. The UNHCR should concentrate and focus on its efforts to repartriate these illegal immigrants who have no legal stay to stay in this case in Malta. Their credebility and their brain washings are becoming less and less influential when Europe is in debt crisis with austerity measures widespread across the EU.
Mr Tony Camilleri
Sep 11th 2011, 11:07
The UN racial discrimination committee should stop interfering in our internal affairs and take all the illegal immigrats to their own countries because we are fed up with all of them.
john chircop
Sep 11th 2011, 09:38
This is a load of crap!Malta does not need a dedicated national human rights institute.We are already looked after,I am not being racial or nor do I hate people,but we must protect our borders and also the government of the day must protect the citizens of Malta,as we trust who ever is in power to do so.Regardless of gender wether men,women or children if they are illegal,well im sorry but they should be treated accordingly.If its illegal,then its criminal and it gets dealt with according to our legal system,not some other entity like the UN,or even so the other member states as we dont have the size or resources like bigger countries.People of Malta need to speak out without being labelled racists or some other politically correct term!
Ms Louise Vella
Sep 11th 2011, 08:42
II
“Malta still lacks a dedicated national human rights institute”. We have NGOs and government structures working and militating for women’s rights, children’s rights, the rights of LGBTs, the rights of old people and people with disabilities. We have NGOs representing journalists and fighting for press freedom. Do they not all add up to more than a national human rights institute?
"it was remarked that no Maltese NGO presented a report or statement to the committee, despite having the opportunity to do so”. So who sent the reports? What is said in this report is a repetition of what we read in other similar reports. So all these ‘reporters’ have the same source or are copying from each other.
Mr Terry Gosden
Sep 11th 2011, 14:02
Louise:
The commission only has to read your submissions to this and other papers to get a view on how Maltese society is letting ltself down, free speech carries full responsability. On one hand you want full E.U. assistance, on the other you do not want to be a part of the club. Ask the people who have gainful employment, and there are hundreds, all because we have Asylum seekers here. You represent the flat earth society. Ask the question how much we gain financially from Europe for the Asylum seekers, We actualy contribute very little towards their upkeep, and gain a lot in many different ways.
Ms Louise Vella
Sep 11th 2011, 08:39
I
“Reports of excessive use of force in quelling riots.” Yes, in the last riot 18 officers were injured and only one rioting illegal immigrant.
“political hate speech”. In Norway, one of the broad-minded pro-immigrant countries, 77 people were killed. The only political speech one hears in Malta is Dr Gonzi preaching about Christian values.
“inadequate living conditions at detention centres.” The conditions are better than the ones they had in Africa – otherwise they would leave.
“It was “concerned” about recurring riots within detention centres, as well as reports of excessive use of force in countering them.” Where did these reports come from? Who sent them? They are obviously incorrect and blown out of proportion.
Mr Graham Holme
Sep 11th 2011, 09:18
Reports state,the latest riot,illegal immigrants attacked police,soldiers with stones as missiles,bleach,sewage,injuring 18 police officers,army personnel
Should the forces involved in trying to quell these rioters,responded with feather dusters? tickled the rioters into submission?
The next riot,call in the UN racial discrimination committee,they are obviously experts in the field in subduing a rampaging mob,without using force
Mr Joseph Calleja
Sep 11th 2011, 16:11
You have a good point Mr Holme.
Mr carlos ellul
Sep 11th 2011, 08:22
As usual the UN is forwarding a set of suggestions which defends the immigrants rights without ever forwarding a solution to our probem. We're a small island with limited resources which vary from space, to work opportunities etc. The UN should look to the South (Libya) and to the North (the Dublin 2 treaty) not us.
Lino Sant
Sep 11th 2011, 11:03
Eseo Gatt
The UN can guarantee us that these ilegal imigrants have a clean conduct at thier country?
No body knows, so it is under the government responsability that our nation will be secured from unknown acts.
We don't know about certain rights for these mixed Nations imigrants, so let the UN take them and give them the rights that the UN are impossing.