Joseph Muscat’s qualified approval of a “push-back” policy on asylum seekers has come under fire from organisations working in the field.
In the quick-fire yes/no round of The Times’ leaders’ debate on Tuesday, Dr Muscat agreed with intercepting asylum seekers at sea and returning them to Libya if that country was considered “safe”.
Prime Minister Lawrence Gonzi answered “no” when asked if he favoured a push-back policy.
“Pushing back asylum seekers runs the risk of exposing them to severe human rights violations either in the country they are forcibly returned to, or in their country of origin if they are directly or indirectly returned there,” said seven organisations in a joint response to questions from The Times.
“Such risks can only be avoided if asylum seekers are returned to territories where their requests for protection will be treated fairly and effectively, and where the protection and fulfilment of their fundamental human rights can be guaranteed.”
Even in such a situation, blanket policies targeting groups without knowing the specific needs of individuals might not guarantee their protection, the NGOs said.
The organisations are Aditus Foundation, Jesuit Refugee Service (Malta), SOS Malta, Integra Foundation, Migrants Network for Equality, Kopin and the Emigrants’ Commission.
Last year the European Court of Human Rights ruled that Italy was in violation of the Convention on Human Rights when it returned asylum seekers at sea to Libya in 2009 as part of a bilateral agreement.
The Court found Italy breached Article Three of the convention, which prohibits “inhuman or degrading treatment”, by exposing them to the risk of ill-treatment in Libya and their countries of origin – Somalia and Eritrea.
Italy was also found guilty of collective expulsion of aliens, which is also against the convention.
A spokesman for the UN refugee office in Malta said yesterday: “The lack of an asylum system in Libya means there are still not sufficient safeguards to ensure people in need of protection will be recognised and accorded legal status and protection.”
In the last year UNHCR has had reports from people needing international protection who have been subject to arbitrary detention and physical violence in Libya.
Italy’s push-back policy, suspended in 2011, was defended in the past by leading Maltese politicians, including Dr Muscat, former Home Affairs Minister Carmelo Mifsud Bonnici, and Nationalist MEP Simon Busuttil.
Labour did not respond to a request for clarification on Dr Muscat’s views yesterday and has repeatedly ignored questions on asylum issues from the The Times over recent weeks.
The PL included just three points on “immigration” in its electoral programme. It pledged to create a special Border Patrol Squad, seek more solidarity from European partners and strengthen the role of the Refugee Commissioner.
The Nationalist Party, penned by Dr Busuttil, included eight points in its electoral programme, including a pledge to “develop a policy of integration that takes into consideration immigrants who have been granted asylum”.
It also vowed to implement a strategic revision of the country’s detention services.
What should be included in the electoral programmes?
UNHCR:
• Ensure effective cooperation with other states and entities in relation to rescue at sea operations.
• Develop the reception system further, in line with international and EU standards.
• Maintain capacity to consider and decide on asylum claims.
• Pursue opportunities for appropriate long-term solutions to local integration, resettlement and relocation as well as return for those not granted a right to stay.
Aditus, JRS, SOS, Integra, Migrants Network for Equality, Kopin and Emigrants’ Commission:
• Recognise the variety of “migrants” in Malta so that public policy and discourse is not limited to African asylum seekers.
• Conduct a thorough review of the detention policy and make dramatic and urgent improvements to living conditions in detention centres.