Watchdog demands end to ‘inhumane’ migrants policy
Migrants at a dentention centre getting ready to pray. Photo: Darrin Zammit Lupi
Human Rights Watch called yesterday for an end to Malta’s blanket policy of detaining undocumented migrants, which it described as “inhumane and unnecessary”.
The use of open centres as an effective and cheaper alternative to detention should be explored, according to the international human rights watchdog.
“Detention has no clear public benefit. It doesn’t deter migrants from coming to Malta and the arbitrary limits of 12-18 months in detention do not make sense,” said Alice Farmer, researcher in the Children’s Rights Division of Human Rights Watch (HRW).
She was speaking yesterday at the unveiling of HRW’s 50-page report, Boat Ride to Detention: Adult and Child Migrants in Malta.
The report documents how Malta detained “virtually all” of the approximately 15,000 migrants who landed by boat in Malta since 2002, regardless of age.
Asylum seekers who arrive by boat are held in closed detention centres for up to 12 months while their claims are processed, and those who do not apply for asylum or are rejected are held for up to 18 months.
This is inhumane and unnecessary, according to HRW, as even those who have not been granted protection are released anyway after 18 months if there is no possibility of repatriating them.
“This policy appears more designed to punish migrants rather than effectuate their removal,” the report states.
Meanwhile, those who are likely to be granted protection, such as Somalis, often have their applications processed quicker by the Office of the Refugee Commissioner, according to HRW deputy director for Europe and central Asia Benjamin Ward. “If it is highly likely they will be granted protection, why detain them all?” Mr Ward asked.
Detention has come under scrutiny recently after the death of Malian migrant Mamadou Kamara in the custody of soldiers following his escape from Safi detention centre.
Mr Ward said the money spent on detaining people could be better spent on integrating migrants likely to remain into society.
HRW highlighted in particular the plight of unaccompanied minors detained with adults while they undergo a “lengthy” age determination process.
“There must be a switch in presumption so that those claiming they are children are treated as such until their age is proven,” said Ms Farmer.
On average, child migrants spent 3.4 months in detention, according to HRW, which also pointed out that there were children as young as 12 kept in detention with adults.
Children are released into group homes for children once it is proven they are aged under 18.
HRW rejected the idea that if all migrants who claimed they were minors were automatically treated as children, then adult migrants would be encouraged to make bogus claims about their ages.
“You could design a criminal justice system that would ensure no one guilty was ever acquitted, but the consequence would be that many innocent people would be punished. That is the case currently with children in detention,” said Mr Ward.
HRW also rejected claims from the Maltese authorities that detention deters migrants from coming to Malta.
The report states that most migrants HRW interviewed did not know about Malta’s detention policy prior to arrival, but they would still have come even if they had known.
Others said they did not know Malta existed as a country.
The report acknowledged greater solidarity was needed from EU countries in terms of relocating refugees, as the current system based on the Dublin II Regulation places an unfair burden on countries at the southern periphery of Europe.
Research was conducted between February and March this year. Eighty-seven migrants and asylum seekers were interviewed, as well as NGOs, human rights lawyers and government officials and representatives of entities working with migrants.
Children’s testimonies
• Abdi M, who was 17 when he was detained in Malta, told Human Rights Watch: “Every day a big man from Mali came and said, ‘Give me your food’. And one day I said no, and he hit me. I was out on the floor (unconscious) for half an hour. I told the soldiers but they said, ‘We don’t care.’ No one helped me, I just cried and went to sleep.”
• Ghedi H, a Somali, said he was 17 when he arrived in Malta. “I was surprised... I was going to detention, some people told me. I thought when we go to Europe we will get freedom.”
• Labaab X, a Somali boy who came to Malta aged 15, said: “I didn’t know Malta existed as a country. I thought it was part of Italy. I didn’t have a choice of where to go. I didn’t know about detention. But if I had known, I still had to come. My country, and Libya, I couldn’t stay there.”
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Louise Vella
Jul 20th 2012, 20:54
Everything surrounding illegal immigrants and refugees is surrounded by uncertainty and untruth. They destroy their documents before arriving so that they can say anything they like about themselves. That's the first sign of bad faith. Most of them tell stories about their name, age, nationality and circumstances. UNHCR and the NGOs coach them on how to fill forms and reply to questions. It's a murky business which should not be encouraged. Then the NGOs come up with so-called statistics and reports. If Human Rights Watch had a minimum of decency and respect for the truth it would have said that Malta, thanks to the Refugee Commissioner Mr Mario Guido Friggieri, gives refugee status at twice the rate of any other EU country. On top of everything HRW advises the government to believe everything the illegal immigrants say! Come on, Human Rights Watch, go and write another report.
Jurgen Farrugia
Jul 19th 2012, 13:45
Yes when you COME TO EUROPE ILLEGALY, you'll get freedom, free shelter, food and clothes. I would like to add one little thing that the watchdog are forgetting to say... I was on a care order and the government found me a childrens home, run by the salesians of Sliema with the name of 'Osanna Pia Youth Hostel'. However, while I was underage the Government used to pay the 200 Euros rent for me to live there (which included food, shelter and clean clothes), obviously its a non-profit childrens home. This home was given to the Salesians and the church so that orphans will have a place to stay when they turn 16 and move out from institutes. But despite this, in this home, from 12 people only 3 were Maltese and the others were all immigrants. And to complement this, the Government pays the 200 Euros rent from our taxes while they have a job.
And now, this so called watchdag wants us to go by the shores welcome immigrants, give them food, shelter, pay rent for them and give them pocket money and not even detain them, even though they came to our country illegally and even though in their country you'll be tortured and shot if you do this. So I'll ask this, if we are saying that it is not illegal to come to Europe without documents, why don't we pay their flight and safe them the trip with the boat, now that we are going to stop paying money for detention.... And why don't the EU give this immigrants a EU ID card, so they can choose for themselves in which country in the EU they want to live? Or that would be wrong for the country were the people in this watchdog come from?
Jessica Smith
Jul 19th 2012, 13:38
Just send them back to their own country.
Human Rights Watch should go to Africa and settle thuings there and take the illegal immigrants back with them.
Emmanuel Marmara'
Jul 19th 2012, 18:02
AGREE 100% WITH YOU AND Mr.J.Farrugia.
Who are these '' have nothing to do '' groups to tell us what to do.??
Come on Mr. Prime Minister hire a SHIP, give these illegall immigrants the neccessary food etc..etc. and send them all at one go to Merkel with these so called groups too. Enough is enough and there's a limit to everything. NO,NO, they have no right what so ever to roam freely about.Get it in mind that these people are illegal. If the government keep accomodating them with such high neccessities they keep texting their relatives and friends and they keep coming back. and ...
May I ask the Commissioner of Police with all due respects, what right did he have to give permission to stage a protest to some one who is ILLEGALLY staying in our country ?????
Kurt Waschnig
Jul 19th 2012, 13:15
There is no doubt that Malta´s detention policy is inhumane and unnecessary.
At the unveiling of HRW´s 50-page report, Alice Farmer, researcher in the Children´s Rights Division of Human Rights Watch (HRW) said:”“Detention has no clear public benefit. It doesn’t deter migrants from coming to Malta and the arbitrary limits of 12-18 months in detention do not make sense.”
After arriving in Malta asylum seekers are held in closed detention centres for up to 12 months while their claims are processed, and those who do not apply for asylum or are rejected are held for up to 18 months.
Asylum seekers are held at detention centres like criminals as if they committed serious crimes. They only crossed the Mediterranean to escape unbearable conditions in their countries.
Trying to cross the Mediterranean is very dangerous for migrants. They are forced to use unseaworthy boats, without enough food, water, or fuel.
Asylum seekers face inhuman conditions at detention centres and even vulnerable people – pregnant women, children and sick people – are all kept in detention centres and are only eligible for release once a decision is taken based on their individual case.
Respected medical journals have stated that lengthy immigration detention correlates with higher rates of post-traumatic stress disorder, anxiety, and depression, and that detention exacerbates pre-existing symptoms, including mental trauma sustained while fleeing torture or persecution. Children and young people who are detained for extended periods of time are likely to experience feelings of isolation and detachment.
Holding vulnerable people -PREGNANT WOMEN, CHILDREN and SICK PEOPLE- at detention centres is a breach of human rights.
This is an affront against humanity.
Malta is a member of the European Union and is a constitutional state and therefore Malta is bound to observe certain core values that define it.
Article 2 of the Treaty states: “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the member states in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail”.
And Malta as a member of the European Union is bound to ensure on its territory such values as respect for human dignity, the rule of law and respect for human right, including the rights of persons belonging to minorities.
The Government of Malta is bound to the treaty and must ensure that there is no breach of human rights.
Amnesty International, Human Rights Watch and other NGOs, The Jesuit Refugee Service Malta will continue to defend illegal migrants.
Malta must ensure on its territory values as respect for human dignity, the rule of law and respect for human right INCLUDING THE RIGHTS OF PERSONS BELONGING TO MINORITIES.
There cannot be any excuse like the European Union does not grant sufficient help.
There can never be a breach of human rights in a democratic state. That is unacceptable.
Best regards
Kurt Waschnig Oldenburg Germany
e-mail: [email protected]
pat muscat
Jul 19th 2012, 13:13
Tiny Malta can be absorbed in Africa; but can Malta absorb Africa? We can and should help bona fide refugees, those who are really persecuted- and we should help them financially, psychologically and economically; however as for the rest, the watch dog can bark as much as it wants; it will never impress us!
D Vella
Jul 19th 2012, 12:56
Human Rights Watch and all the other goodie goodie organisations should get a life and concentrate their efforts in convincing the EU to allocate proper funding and resources to prevention of illegal immigration and fighting human traffiking and most of all to enforce OBLIGATORY burden sharing on all member states!
Remember the sad joke that was Frontex?? Remember how many illegal immigrants our deal fellow EU member states accepted from us . . . the United States accepted more that the whole 27 combined (!)
Before they indulge in their habitual 'gas-bag' pontificating and criticizing our illegal immigration and detention policies these 'holier than thou' ponces should wake up and try to understand the reality and seriousness of the situation in Malta and how the entire EU has left us out in the cold!!
Robert Callus
Jul 19th 2012, 12:05
@Carlos Ellul
1) Detention for monitoring purposes is acceptable and that's what we are suggesting (maximum 6 months, if need be for more monitoring - which will rarely be the case - sign at a police station or attend mandatory health check ups). There is no other reason for mandatory long-term detention except to make government look tough. You are free to disagree but I'm 100% sure that present PN present detention policy is to fool people.
2) As to who could they be, 6 months are much, much more than enough. Do you think we have so much information on everyone who enters Malta, including tourists? Two of these guys here, are convicted terrorists. They entered through our airport legally as tourists:http://robertcallus.wordpress.com/2012/04/30/i-see-terrorists-everywhere/ Not only that, but the person who brought them here - who also immigrated here legally - is allegedly Breivik's mentor.
3) As for open centres - they are a temporary measure until migrants get on their feet. Unlike present detention policy, they are inevitable - no employer pays you in advance. Most migrants spend much less in open centres than detention. After that, they finance themselves.
4) I agree that a substantial amount of immigrants work illegally and do not pay taxes. It is also a fact that it's not their choice but that of the employers and it's only done because government LETS them do it. They can stop it, all it takes is the right policy (temp. work permits instead of permit to work) and political will.
5) What AD is proposing is just more rational, humane and cost-effective, not red carpet treatment. Obviously if you're so happy with PNPL's proposals (or lack of them) vote PNPL. Which I find strange considering you regularly complain when it comes to this issue.
6) Ratifying Dublin2 was PN policy not AD's. I agree it should be revised because reality has changed since when it was ratified. It's very unfair on the border countries.
Joanne Micallef
Jul 19th 2012, 11:46
Well we note the 'watch dog' opinion but 'The watch dog' must understand that our National Interest comes first and even if they think that detention is not a deterrent we think otherwise.
T Gauci
Jul 19th 2012, 11:28
Who is this watch dog, what country he resides in and what makes this Mr.ward thinking that the majority of us want to integrate with illegal immigrants. I have a better idea and certainly this guy would approve it, let's send the immigrants to the country and area where this guy lives.
John Azzopoardi
Jul 19th 2012, 11:51
It a non elected watchdog. What this watch dog should be talking about is the suffering in Africa, women being raped and syrian tragedies, etc etc. Not illegal migrants who are being catered to at the maltese expense. I would not say EU, because the EU refuses to take them off our hands.
Robert Callus
Jul 19th 2012, 13:02
@John Azzoppardi
The biggest chunk of "Maltese expense" is detention. It's become a vicious cycle. The government keeps this policy because it's afraid of losing votes to the far right (there is no other reason). Then it wastes a lot of money on detention, and the far right complain we're wasting too much money.
Short-term detention based on who needs to be monitored not to make a point or look tough, will significantly reduce the expenses on immigration. By half or even more.
Not to mention the inhumane aspect of it and that it's make us look ugly in front of everyone.
John Azzopoardi
Jul 19th 2012, 11:25
Detension is a must for illegal migrants. We just cannot let them roam our streets not knowing who they are. On top of this, they should be repatriated immediately to their leaving point of origin.......which is Libya. Some of these people are living better off then our maltese citizens. They are fed, cared for, hospitalized and given all kind of social services for free. They live free of rent, don't have to pay water and electricity bills and have all kind of luxury items such as cell phones. So what is this article talking about.
Jessica Smith
Jul 19th 2012, 13:39
John I fully agree with you. They should and must be kept in detention until they agree to go back whatever any NGO especially foreign one say.
James Dewar
Jul 19th 2012, 10:50
Malta.... stick to your guns on this one and don't be bullied. 15000 since 2002! Controls such as those that are in place are absolutely necessary.
Anthony Gatt
Jul 19th 2012, 10:26
Why just open centres, why not open borders so that they're free to go to any country they desire.
Charles W. Sammut
Jul 19th 2012, 10:18
"My country, and Libya, I couldn’t stay there.” Who put those words in his mouth?
These boys seem to be finding Somalia safe. They are enjoying themselves on its vast beaches.
http://www.smh.com.au/world/in-mogadishu-its-safe-to-go-to-the-beach-again--for-now-20111111-1nbm1.html
http://www.guardian.co.uk/world/2011/nov/06/somalians-revel-mogadishu-safe-beaches
Charles W. Sammut
Jul 19th 2012, 10:12
Here's just a very tiny peep into what these meddling NGO busybodies are all about.
http://www.amren.com/features/2012/07/shaking-hands-with-the-devil/
Dave Alan Caruana
Jul 19th 2012, 09:31
Are the Human Rights Watch suggesting that illegal immigrants, with not a shred of documentation, should be let loose to 'integrate' into society, supported by the government, given free food, lodging, health service, and let to do as they please? Even we Maltese don't have it that good .. What about people who maybe entered Malta legally but choose to overstay their visas - will tearing up their passports and assuming a new name guarantee them the same sort of treatment? In that case it is a very good option to avoid being deported. I am sure we would see a healthy increase in undocumented, government sponsored tourism.
M Cachia
Jul 19th 2012, 09:22
As far as I know the detention is there so that the illegal immigrdnts' identity can be confirmed, seeing that most of them have no id whatsoever. That means criminals and people who do not qualify are kept off the streets and we are able to swiftly repatriate them. Does this NGO think for a moment that once people, who will know they are likely to be sent back, are placed in an open centre are not going to dissapear!
It is this jahasra element that will cause problems. These people came here illegally and must be processed duly.
Robert Callus
Jul 19th 2012, 09:18
"This is inhumane and unnecessary, according to HRW, as even those who have not been granted protection are released anyway after 18 months if there is no possibility of repatriating them"
It's only there for ONE reason - so that government appears tough on immigration and not lose votes to the far right. Dr Mifsud Bonnici himself admitted that thanks to our detention policy we don't have a far right problem in Malta.
He THINKS our detention policy keeps racism at bay. He's completely wrong.
Detention policy CAUSES racism. People talk about the costs of migration - that we house them, feed them and clothe them. And they're right. Why do we have to do so? DETENTION! Once out, after a brief spell in Open Centres they start to house, feed and clothe themselves.
But not in detention. In detention they can't.
Charles W. Sammut
Jul 19th 2012, 10:31
@ RObert Callus
You have the propensity to spout out 'racism' at the drop of a hat. If anything, it is illegal immigration that causes 'racism'. 10 years ago, nobody spoke about 'racism'. But now, it has now lost all its meaning and nobody gives a hoot about being called 'racist'. It's meaning has been devalued to nothing more than concern over illegal immigration. The only people not concerned about illegal immigration are those NGOs that are making money out of it and those who are foolish enough not to appreciate the social problems brewing.
Eric Soames
Jul 19th 2012, 10:55
Charles W. Sammut: Yes!
Robert Callus
Jul 19th 2012, 10:57
@Charles W Sammut
Is that all you can come up with? Definition of the word rather than the whole argument?
"It's meaning has been devalued to nothing more than concern over illegal immigration"
Read again what I wrote. I'm addressing precisely that - concern over illegal (and legal, since refugees go to detention too) immigration and the economic cost. "Feeding, housing and clothing people for free" only so that government covers it's face and look tough. What's wrong in exposing government for what it is?
"If anything, it is illegal immigration that causes 'racism'. 10 years ago, nobody spoke about 'racism'"
Once again, you are proving me right. When those who entered or overstayed illegally were white, no one was complaining. You started complaining when the immigrants started to be black. In fact, if you take a look at the FB group you are very active in, you will realize most posts are not about illegal immigration but about black people.
carlos ellul
Jul 19th 2012, 11:33
So you suggest that we leave people, whom we know nothing about to roam in our streets with no control? For all we know these could be former Gaddafi's mercenaries or people who had been killing throughout their entire life. Mandatory detention will give time to our authorities to assess them and make sure that its safe to let them out. If foreign nations are against that, well tough luck. I bet the Vatican (the mecca of catholic faith), Saudi Arabia (the mecca of Muslim faith) and Jerusalem (the mecca of Jewish faith) would love to get all our immigrants off our hands to teach us how to treat immigrants in a human way.
And lets say that these guys end up in open centers wouldnt that cost the taxpayer too? Many of these people do not work/do cheap labor which means they barely pay income tax at all. On the other hand they are entitled to free health care, free education for their children etc etc etc.
The NGOs keep hammering about illegal immigration being a resource. However why do you think that NO country across Europe, Africa and Asia wants it?
The only humane solution is to get rid of the Dublin 2 treaty. However none of the dime a dozen NGO has yet organized a protest about that and that despite knowing that we can barely integrate half of the immigrants already here,
Anyway there no use talking with such guys. Both main parties believe in mandatory burden sharing and they are right. Whoever wants to give red carpet treatment to immigrants then he should vote for AD. I am sure that they'll get plenty of votes during next elect
Alfred Bugeja
Jul 19th 2012, 15:47
What a load of rubbish, Robert Callus.
The mere fact that at present there are 2,100+ immigrants being hosted in our open centres because they cannot afford a roof on their head and don't have a job tears your silly theory apart.
Louise Vella
Jul 19th 2012, 09:11
The British minister has told us in so many words that there will be no burden sharing. So Human Rights Watch, repeating the well-worn sermons of UNHCR and Maltese do-gooder NGOs, wants Malta to go on accepting an ever-increasing burden of an endless and massive influx of illegal immigrants. What help does Human Rights Watch offer? Will it take them to other countries?
Please choose the reason of your report below: