The government is effectively acting upon the recommendations made by the United Nations Committee on the Elimination of Racial Discrimination in relation to migration and asylum, the Home Affairs Ministry said. ( see report http://www.timesofmalta.com/articles/view/20110911/local/UN-racial-discrimination-committee-concerned-about-migrant-treatment.384173 )
In a statement referring to the committee's observations in relation to Malta, the government said that Maltese legislation and policies in the sector, including the detention requirement, were proportionate to their objective and non-discriminatory in their application.
"All the pertinent instruments and practices are also in full compliance with Malta's international obligations," the government said.
The government noted that the report recognised the progress made by the government in the fight against racism and xenophobia and the efforts of the Maltese authorities to address the constant flows of irregular migrants.
However, it raised a number of issues which, the government said, could be misleading.
"At one point it is stated that the committee is concerned about reports according to which migrants' legal safeguards are not always guaranteed in practice.
"The report does not exactly specify which rights are being referred to; however, the ensuing recommendation refers to the provision of information to migrants about their rights as well as to legal assistance.
"In this regard it would have to be reiterated that further to rights being guaranteed at law, information on such rights is provided to migrants, by means of a pamphlet available in a multitude of languages, upon admission into detention centres.
"This includes information on the right to apply for asylum, the right to appeal the issuing of a removal order and the right to challenge detention.
"Detailed information on the asylum procedure is also provided by the Office of the Refugee Commissioner, including by means of audio-visual presentations prepared pursuant to a project co-financed by the EU.
"It should also be noted that free legal assistance is made available to asylum seekers at the appeals stage of the asylum procedure," the government said.
The report also expressed concerns in relation to detention conditions, referring in particular to women and families with children.
The government noted that vulnerable persons, including minors and women with children, were not subject to the detention requirement.
"The freedom of such persons is only restricted until such time as the required medical clearances are obtained.
"This point was made amply clear in discussions between the committee and the government.
"With respect to detention conditions generally, several refurbishment projects have been undertaken, including the replacement of tents with mobile homes.
"Whereas more remains to be done, substantial progress has been achieved, with detention conditions being of a basic yet adequate standard.
"Efforts to further improve detention conditions will continue, as recommended by the committee."
The committee express concerns in relation to riots, including this year's at Safi and referred to the reported excessive use of force to counter the Safi riot.
The government noted that during this riot one migrant and 14 officers suffered injuries.
This showed that the Maltese authorities did not exercise excessive use of force, but only the minimum necessary to restore order.