Chief Justice Emeritus Joseph Said Pullicino. Photo: Darrin Zammit Lupi

There must be no political interference in the work of the national Human Rights and Equality Commission to be set up, the Ombudsman told The Sunday Times of Malta.

He stressed the autonomy and independence of the new human rights commission should be on a par with the Ombudsman’s Office. “It’s important, for the sake of the commission’s autonomy and independence, we don’t leave a window open for interference,” said Joseph Said Pullicino, a former chief justice who had first called for such a commission to be set up.

This was his first public reaction to the White Paper on the Equality Act published last month that aims to strengthen the human rights and equality framework and to set up a commission to enforce it. Consultation is open until next month.

The new commission will replace the National Commission for the Promotion of Equality and it will be given a wider remit.

It will have the power to investigate cases and provide binding opinions while monitoring the implementation of human rights provisions in national and international law. It can also propose legislative changes.

The Ombudsman warned about overlap and stressed the executive function of the commission had to be handled very carefully since authorities were already established to issue punitive measures, such as the courts.

It has to strengthen human rights protection

“We have a set up of human rights protection and a set of institutions with mandates in specific areas... It has to be set up according to our needs and the historical development of institutions in our country,” he said.

He preferred a co-ordinating role for the commission: “It has to give strength and uniformity to the whole process. So if it gave advice to government, it would have the strength and support of all institutions involved.”

The Ombudsman saw the commission’s role as one that monitored, promoted and ensured the observance of fundamental human rights.

Civil Liberties Minister Helena Dalli has repeatedly said the commission would be based on the Paris Principles. These establish that human rights institutions must have a broad mandate, be independent from government and guaranteed by the Constitution.

Dr Dalli has said the new commission will not report to government, but to Parliament, guaranteeing its independence. But the Ombudsman said this was not enough to ensure its autonomy.

For the human rights commission to be on a par with the Ombudsman’s Office, its head must be appointed or dismissed by a two-thirds majority in Parliament.

The individual appointed would be empowered to choose staff and experts, and the commission would be able to administer its own budget approved by Parliament. All are critical factors in ensuring its independence from government influence.