(Updated: Adds comments and recommendations by the Council of Europe commission)

The Maltese government had strongly rebutted allegations made in a report by the European Commission against Racism and Intolerance (ECRI) of the Council of Europe.

The members of the commission visited Malta in July and a report of their visit has just been presented to the government.

The Commission in its report said that Malta’s detention policy had resulted in negative consequences not only on the respect of the rights of the persons concerned but also on the perception of these people as criminals and the levels of racism and xenophobia among the general population.

“These perceptions have been sustained by a public, and notably political, debate around irregular immigration in which human rights and human dignity have generally not been in focus. Irregular immigration has also provided the platform for the development of organised right-wing extremist groups. Irregular migrants, asylum seekers, persons with humanitarian protection and refugees remain vulnerable to racial discrimination in accessing different services and to exploitation on the labour market, where they are predominantly employed illegally.

"The legal provisions against racist expression, racially-motivated offences and racial discrimination are not yet fully applied and there is still little awareness of the need to actively monitor racism and racial discrimination in order to identify and address these phenomena properly.”

The commission said Malta’s perception of itself exclusively as a transit country for immigration has negatively affected the Maltese authorities’ ability to devise integration measures for persons who may end up staying for long periods of time in the country," the commission said.

It recommended, among other things, that the Maltese authorities commit to a process aimed at identifying non-custodial alternatives for reception of irregular migrants.

While the current detention policy is maintained, it recommends that they improve the conditions of detention and provide these persons with learning opportunities.

ECRI also recommended that the Maltese authorities promote a more balanced debate on immigration that reflects the human rights dimension of this phenomenon. It furthermore recommended that the Maltese authorities improve the implementation of the provisions in force against racism and racial discrimination through: training and awareness-raising measures for the judges and police; awareness-raising measures for potential victims of discrimination and strengthening the independence of the National Commission for the Promotion of Equality.

The government in a reply said the ECRI had not fully appreciated the scale of the crisis faced by the smallest EU Member State with one of the highest population densities in the world, as a result of the steadily growing wave of illegal immigrants from North and sub-Saharan Africa.

“International law recognizes the right, or perhaps more appropriately, the duty especially in view of Malta’s accession to the Schengen acquis, of each state to determine which foreign nationals may enter and remain on its territory; and to return those it refuses to their countries of nationality.

“In this regard, one fails to understand why ECRI fails to recommend stronger border controls and makes no reference to the option of the illegal immigrants` repatriation,” the government said in a reply to the commission.

“Whilst Malta is fully committed to offer all possible protection and support to all those who are deemed to be in need of such assistance, at the same time it is determined to return back all those whose application for asylum is not accepted. Otherwise the asylum system’s sustainability would be put at risk.”

The government said it was also concerned that the ECRI report seemed to be quite lukewarm in supporting the burden-sharing concept especially by the European countries which ultimately are the intended destination of the irregular immigrants arriving at Europe’s border states.

Furthermore, the ECRI report showed disrespect towards Malta`s democratic institutions, including Parliament, the judiciary and the free press. It made more than 30 references to anonymous sources, which did not increase this report’s credibility, and a large number of recommendations which was inappropriate to Malta`s particular circumstances.

The ECRI mission did not make any request to visit the detention centres, which it nonetheless criticizes at length and in detail.

“ The Government would like to recall a few facts about these centres. For example, every effort is undertaken by the Maltese authorities, obviously at substantial expense, so that as far as possible, centres are regularly provided with cleaning materials. However, and unfortunately, cases have been registered whereby certain detainees refuse to take on the task of keeping their accommodation up to the desired hygienic level,” the government said.

“Likewise, maintenance at the centres is carried out on an ongoing basis, but sometimes vandalism and lack of interest shown by a minority of the immigrants contribute towards the degradation of physical conditions.

“Moreover a medical team provides services at each centre five times a week; in addition, the detainees have access to regional health centres and the general hospital on the same basis as Maltese nationals. Furthermore, the Board of Visitors for Persons in Detention, set up recently, monitors detention centres and investigates any claims of maltreatment made by immigrants.”

The government said it was confirming its commitment to do anything possible, within the constraints imposed by available resources, to improve the situation of the irregular immigrants arriving on Malta’s shores, who would continue to be treated in a humane and dignified manner .

“At the same time, it is disappointing to note that ECRI showed disregard for Malta’s vital national interest and the will of the people; and had a certain tendency to view the efforts being undertaken in this area in a somewhat negative manner. “

The reports can be accessed on the website of the Ministry for Justice and Home Affairs www.mjha.gov.mt.