The national human rights institution to be set up must be independent and inclusive of civil society, experts have stressed to Civil Liberties Minister Helena Dalli.
This stand goes against Dr Dalli’s declaration on Thursday that the institution would fall under the National Commission for the Promotion of Equality (NCPE).
Human rights NGOs and experts are opposed to this move, because it would not ensure the institution is independent from government.
Moreover, the NGOs are insisting that pluralism must be guaranteed in its set up.
Last October, Ombudsman Joseph Said Pullicino called to set up a human rights institution in Malta to monitor, promote and ensure the observance of fundamental human rights in the country.
As an EU member that should pride itself on the level of respect of fundamental rights and their observance, Malta deserves nothing less
Dr Said Pullicino had said that such an institution, which he suggested should fall under his office, was considered a central player in national human rights protection systems and played a crucial part in promoting and monitoring the effective implementation of international human standards.
“As a member of the European Union that should pride itself on the level of respect of fundamental rights and their observance, Malta deserves nothing less,” he said.
The People for Change Foundation agreed with the Ombudsman, stressing the need for independence as well as civil society representation and expertise: “To safeguard the independence and impartiality of the (human rights) commission, it should be granted the same status and autonomy as the Office of the Ombudsman.
“Such a commission should be appointed from among individuals with a solid background in human rights. It should be given the resources (human and financial) necessary to accomplish its objectives.” In feedback sent to the government during the consultation on the initiative, human rights organisations and individual experts have stressed the need for independence and pluralism: “Anything short of that will not be acceptable to us,” said Neil Falzon, director of Aditus Foundation.
When calling for the setting up of a human rights institution, NGOs Aditus, Integra, the Jesuit Refugee Service, Kopin and Equal Partners Foundation said the mandates and effectiveness of existing institutions such as the Ombudsman and the National Commission for the Promotion of Equality differed significantly.
This led to a fragmented approach with varying and inconsistent levels of protection for different themes, “with some groups of persons having no specific agency mandated to protect their human rights”.
Speaking to Times of Malta, a ministry spokesman said: “Human rights institutions have come in various forms all over the world. Some institutions are closer to Ombudsman offices while others took the form of a commission.
“The government is studying the responses received during the consultation process and is exploring the institutions that exist in other European countries to draw the most suitable set-up for the Maltese setting.”
A White Paper is expected after summer.
MINISTER'S REPLY
In a reply today the Civil Liberties Ministry said Dr Dalli had already made it clear that government recognised the limitations of the current legislative framework that set up the NCPE.
She said that because of this, it needed to draw up a new legal set-up that provided the new structure with greater powers. The consultation document itself, also made clear that Malta:
“should have robust human rights and equality legislation, and an equally strong institution that enforces such legislation [...] in conformity both with the United Nations’ model of a national human rights institution (NHRI) laid out in the Paris Principles, and European Union’s equality body model laid out in EU equality directives [...].”