The government is expected to step up its efforts to have EU members accept some of the nearly 800 migrants who have arrived from Libya in a span of 24 hours.
“Malta has been at the forefront in describing the situation in Libya as an exceptional circumstance that requires an exceptional solution. Our efforts in this direction have been relentless and will continue,” a spokesman for the Home Affairs Ministry said yesterday.
A mechanism of burden-sharing agreed by the EU, which is meant to come into operation in exceptional circumstances that lead to a mass influx of displaced people, would still need to be approved by qualified majority of member states before coming into force.
The sudden arrival of three boats laden with Africans leaving Libya has brought the spectre of a more massive influx closer to home.
Nationalist MEP Simon Busuttil yesterday also asked the EU Commission to activate the solidarity mechanism in a joint statement with Italian MEP Salvatore Iacolino.
The two called on the Commission to act in the wake of migrant arrivals in Malta and Lampedusa.
If the law is invoked, migrants must be given temporary protection status in all EU countries. It also binds countries to cooperate with regard to the transfer from one to another of people enjoying temporary protection.
The EU mechanism, in place since 2001, has never been invoked and caters for events that lead to a mass influx of displaced persons. It can be invoked by the Commission or by a member state, although a decision by qualified majority would have to be taken by the council of ministers.
Dr Busuttil said that if the mechanism kicks in, migrants landing in Malta could be transferred to other EU countries, something not possible under normal circumstances.
“If temporary protection is granted under the mechanism it does not prejudice the migrants’ rights to apply for asylum. Nor does it mean that they cannot move to other countries until their asylum application is considered. The temporary protection in itself is intended to give the displaced persons a temporary legal status in cases when the mass influx makes the processing of asylum applications difficult,” Dr Busuttil said.
The crux of the matter, however, lies with the definition of mass influx, something the council of ministers would have to decide.
The arrival of almost 800 migrants in a short time span and the possibility that more could be on their way because of unrest in Libya warrants the description “mass influx”, according to Dr Busuttil.
Quoting the directive, he said that when the number of those eligible for temporary protection after “a sudden and massive influx exceeds the reception capacity” the Council shall, as a matter of urgency, examine the situation and take the appropriate action.
Asked whether Malta’s lack of initiative to participate in any way in the military action against the Libyan regime could lead to a lukewarm reception by some EU countries, Dr Busuttil insisted the two issues were separate.
“It is important to note that there was no case where Malta refused any assistance with the situation in Libya upon being asked by other member states,” he said.