Refugee rights and migration management

This spring, the Maltese people voted for change and the pressure is on for the new Government to deliver on its promise. Asylum and migration policies have so far not made it to the top of the Government’s to-do list – relatively few asylum seekers have arrived so far this year.

It is essential to distinguish between asylum and migration

But in view of recent reports from Libya, the slump in boat arrivals may have more to do with sirocco winds rather than a change in the situation. With summer arriving, we are seeing further desperate attempts to cross the Mediterranean.

Asylum and migration issues may soon rise prominently on the agenda in Malta’s new political landscape.

And there is plenty to discuss, although, judging by the Labour Party’s electoral programme, there will not be a sharp turn in policy direction regarding asylum in Malta.

To be fair, there have been new developments. The Minister for Social Dialogue, Consumer Affairs and Civil Liberties, Helena Dalli, has taken on a portfolio that includes integration for people granted international protection. The United Nations High Commissioner for Refugees welcomes this approach. The important integration issue needs a clearly defined ‘home’.

Malta has made important progress in recent years. Still, the new Government will be faced with old challenges: rescue at sea, further developing the national asylum system and the pursuit of long-term solutions, both for those who qualify for protection and those who do not.

Like all other member states, Malta will need to adjust its asylum system, not least as regards detention, to implement revised EU directives.

The UNHCR does not hold all the answers but our aim is to contribute to constructive dialogue around these important topics.

In our view, it is essential to distinguish between asylum and migration. This is not always easy because refugees often travel along migration routes. States have broad discretion in managing migration but much less scope to deviate from core asylum obligations regulated by international and EU law.

Any discussion that does not distinguish between asylum rights and migration control is bound to be ineffectual and confusing. The fact remains that it is a human right to seek asylum. The challenge at hand is to implement the corresponding State responsibilities in a way that is both principled and effective.

In relative terms, Malta has received (and rescued) a high number of asylum seekers in recent years, although the proportion of foreigners in this country remains lower than the EU average. After a decade of intense media coverage, people in Malta and Italy may feel that the EU has left them alone to deal with the ‘gateway’ to Europe. But take a close look at the statistics and you can see that the perspective from Brussels and elsewhere can be somewhat different.

For example, last year, Malta received about 0.6 per cent of all asylum applications in Europe. This means that the central Mediterranean route from Libya is, in fact, not at the moment the main entry point to the EU, even taking into consideration those arriving in Italy.

With Syria erupting in violence, all eyes are on the situation of more than 1.5 million refugees outside the EU’s closed borders.

Further away, in Somalia, there is progress that gives hope for stability and eventual returns but the Horn of Africa still hosts more than one million displaced Somalis, with many living in precarious conditions. Only a fraction of them have left with a hope to reach Europe.

This is not to say that Malta, the EU’s smallest state, should be left alone to deal with its very real challenges. The question is what support can and should be made available.

So far, more than 700 people who were granted protection in Malta have been relocated to various European countries under voluntary arrangements. Meanwhile, the US continues to provide Malta with significant support that is equally unique in the EU context.

According to the European Commission, Malta has, during a five-year period, benefited from about €44 million, made available through EU solidarity funds. The Maltese taxpayer is not footing the whole bill.

Of course, Malta is right to push for further solidarity, which should be a fundamental aspect of the emerging Common European Asylum System. In the UNHCR’s view, calls for additional support are more likely to succeed on the basis of a clear definition of Malta’s own capacity and planned contribution for the coming years.

‘Malta is too small’ is not likely to go very far as a stand-alone argument.

Today is World Refugee Day. It is an occasion to reflect on the plight and resilience of more than 45 million forcibly displaced people around the world.

Jon Hoisaeter is the UNHCR representative in Malta.