Updated - Adds government reaction -
The Commissioner for Children, Helen D'Amato, said today that she wrote to the Minister of Home Affairs last Tuesday, underscoring the rights of migrant children, when reports of a possible pushback policy emerged.
In a statement, the commissioner highlighted the United Nations Convention on the Rights of the Child that Malta ratified in 1990.
"The rights of children are fundamental and universal. This means that these rights have no boundaries and that children carry their rights with them wherever they go irrespective of their status. Moreover, the responsibility for the realization of these rights lies with the state in whose jurisdiction the children may happen to be."
She said that in view reports in the media that Government was considering a pushback, the Office of the Commissioner for Children formally expressed its concern to the Minister for Home Affairs and National Security in a letter dated July 9. She had argued that such a policy was in violation, amongst others, of Article 22 of the said Convention, which guarantees the right of “a child seeking refugee status….to receive appropriate protection and humanitarian assistance…”, and in breach of Malta’s non-refoulement obligations deriving from international human rights, humanitarian and refugee law.
The Commissioner said her Office was also apprehensive about the situation of irregular migrant children who were granted the right to seek asylum in Malta.
"Although Malta has a policy of non-detention of migrant children or migrant families with children, the reality is that children are kept in detention pending the outcome or completion of administrative procedures and medical clearances, which can take several days."
The Commissioner voiced her concerns to the Minister for Health in a letter yesterday.There are currently four families in detention with the children’s age varying between three months and seven years as well as a number of unaccompanied minors.
STATELESS CHILDREN
Another issue of concern was that regarding the statelessness of migrant children who were born at sea, due to the fact that the sea vessel on which they are born was unregistered.
Together with the Office of the Ombudsman, the Commissioner said her Office had already made representations to the Ministry for Justice for an amendment to the law that would allow such children to be registered at the first port of call. In the absence of such a registration, the risk of trafficking of children was increased. The Office recently made this same proposal to the Commission for Justice Reform as well as to the Parliamentary Secretary for Justice. Such a proposal was also made to political parties through the Manifesto for Children 2013.
"Irregular migrants, including children, should not be seen as problems but should be seen primarily as human beings and holders of rights that Malta is duty-bound to uphold and promote," the Commissioner said.
"The phenomenon of irregular migration is undoubtedly a challenge given its scale relative to the size of our country. However, any solutions that are adopted in respect of this phenomenon can never run afoul of the fundamental and inalienable rights of the children who are the hapless victims of this phenomenon and its complex social and political causes."
GOVERNMENT REACTION
In a short statement in reply, the government said it was considering changing the detention policy regarding children, which policy had been inherited by the former government.