A recommendation for Malta to consider alternatives to detention was not feasible in the local context, the Home Affairs Ministry said.
In its reply to a report by Council of Europe Human Rights Commissioner Thomas Hammarberg, the ministry pointed out that this was especially so since Malta received migratory influxes disproportionate to its size and capacity.
Mr Hammarberg visited Malta between March 23 and 25 to report on the human rights scenario in the country. The focus of his visit was migration and asylum.
In its reply to Mr Hammarberg's report, the government said it remained committed towards achieving progress in these areas and a lot was achieved over the past years.
Mr Hammarberg's report acknowledges progress in the asylum determination process, mainly with reference to the reduction in the average time frame for processing asylum applications, which now stood at five to six months, as well as in relation to the increase in the percentage of asylum seekers recognised as convention refugees.
Notwithstanding this, government considered that detention remained a necessity, particularly in view of Malta's geo-social realities and the fact that the identity of irregular migrants cannot be ascertained upon arrival.
The recommendation in the report to consider alternatives to detention is simply not feasible in the local context, especially as Malta receives migratory influxes disproportionate to its size and capacity.
At the same time efforts were consistently made to provide the best possible reception conditions, further to providing detainees with all relevant rights, including the right to challenge their detention decision in line with the law.
Several initiatives were also carried out at open centres, both with regard to reception conditions as well as initiatives to facilitate integration.
The ministry said that it had to be recognised that the consistently large number of migrants residing at the centres imposed limitations vis-à-vis refurbishment initiatives, whereas Malta's ability to absorb migrants over the long-term remained limited, especially in view of its small labour market.
It was in view of these considerations that Malta called for the assistance of other states through the resettlement of beneficiaries of international protection, a call that Mr Hammarberg has supported, in recognition of the particular difficulties that Malta is facing, the ministry said.
It said that, on the other hand, the Commissioner's recommendation to close Hal Far tent village was simply not realistic at the time the visit took place, and was even less realistic now that the migratory influx to Malta has resumed pursuant to the Libyan crisis.
Malta's reception capacities remained overstretched and appeared likely to experience more pressures in the near future.
"It is an indisputable fact that policies in the migration sphere have to be formulated with reference to the country's geo-social realities, as well as to the financial and other resources at the disposal of the authorities.
"It is regrettable that Mr Hammarberg has not always accorded due weight to the realities characterising the migration scenario in Malta," Malta said.
Malta's full reply can be downloaded from the Ministry for Justice and Home Affairs' website.
www.mjha.gov.mt