Updated - The General Workers Union said this afternoon that it unreservedly condemned dishonest employers and contractors who paid a pittance to migrant workers.

The union was reacting to a report by the Council of Europe’s Commission against Racism and Intolerance which said that such workers were being paid 25 cents a day.

The union said this report confirm its view that the problem of precarious work had grown.

It said that measures taken so far by the Labour government did not appear to have been enough and further action was necessary to rein in unscrupulous contractors, especially in the construction sector.

The report says that the workers were promised €25 but instead were given just 25 cents.

ECRI is now calling on Malta to stop the abuse of migrant workers, which it says is still widespread.

“Many of these (migrant) workers continue to be employed in the informal economy and are exploited by their employers, particularly in the construction sector,” the report states.

Workers are exploited by their employers, particularly in the construction sector

ECRI said although some action to raise awareness against exploitation of migrant workers was taken in recent years, much more needed to be done – particularly by addressing the over-representation of migrants in undeclared employment.

In general, the report acknowledges “remarkable” progress in asylum determination procedures and says Maltese law now includes the principle of non-refoulment, provides for protection and case workers are properly trained.

The report also commends the work done by the National Commission for the Promotion of Equality, which has taken steps to raise awareness of the provisions in force against racial discrimination and available remedies.

A Migrant Health Unit has also been set up to address and respond to their specific needs, the report positively notes.However, it points to a number of areas of concern which still need to be addressed.

These include Malta’s Citizenship Act, which, according to the Commission, still leaves a large margin of discretion in decisions on naturalisation and there is no right of appeal, while asylum seekers and migrants who arrive in an irregular manner are still being detained with no limit on such detention.

The report also highlights the need to change the practice where free legal aid is provided to asylum seekers by the State only at the appeals stage.

Also according to the report, decisions of the Refugees Appeals Board – including those examined under the accelerated procedure – are not subject to appeal or judicial review.

Recommendations:

• Amend the Citizenship Act to introduce clear, objective and measurable requirements on naturalisation; ensure all decisions are open to review; and, concerning loss of citizenship, remove any less-favourable treatment afforded to people who have acquired citizenship through naturalisation or registration.

• Provide non-custodial alternatives to detention and refrain from resorting to the detention of migrants and asylum seekers unless it is strictly necessary in the particular circumstances of an individual case.

• Amend the asylum procedure to ensure free legal aid from the outset, access of asylum seekers to their case files and a right in all cases to appear before the Refugee Appeals Board at the appeals stage.

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