A step in the right direction

Despite the odds, the majority have voted in favour of divorce being introduced in Malta. Now, it is up to Parliament to respect that choice. This was only a consultative referendum, and MPs have the last word. Whether they will heed the public call remains to be seen.

They must acknowledge that they are now forced to face the fact that citizens in this country are demanding a different model of governance – one where citizens are free to enjoy the civil rights they deserve rather than be governed by laws that restrict their freedom based on dogma.

This referendum was a challenge to the power and influence the Church exerts in the country. Yet, while Jeffrey Pullicino Orlando has been reported saying that this result “brings Malta into a new era where the State and the Church are separate,” this is far from reality.

A look at Article 2 in Malta’s Constitution, which states that “The religion of Malta is the Roman Catholic Apostolic Religion”, is a stark reminder of just how close the ties are between Church and State.  That has not been challenged.

The referendum on divorce was one small step, although it was a significant one. The demographics were not in favour of a ‘yes’ victory, and the campaign for the introduction of divorce evidently lacked the funds available to the ‘no’ camp. At this point, the Nationalist Party and the Church would do well to reflect on their actions in this campaign and the implications of the result.

The Church will have to do more than issue a self-serving apology to those “who may have been hurt” by the tactics employed by those representing its stand on divorce. The statement was nothing more than a public relations move. If it were an honest acknowledgement of wrongdoing, the Church would have made its position clear before votes were cast.

It is significant that the deceitful campaign run by those claiming the high moral ground backfired. In his statement following the referendum result, the Prime Minister acknowledged that divorce law should now be enacted. Yet, he added that “this won’t be an easy process, it is not an easy change… there will be MPs who will abstain or vote against.”

While it was reassuring to hear that the “will of the majority” will be respected, the Prime Minister also stated that “family will become even more central to this government’s policy”. The government’s policy should be based on the demands made by the people, whatever the Prime Minister’s personal conviction.  The government must accept defeat and implement the divorce legislation that the people voted for, as they voted for it.

Let’s keep in mind that this is already a conservative divorce law that people have voted on. It is in itself a reflection of the limited choices available to citizens in this country. This is the outcome of the country’s political history, and it is up to the political class to lead the country in a different direction when people are demanding it.

In this context, it is not encouraging to hear the Leader of the Opposition say that “a new Malta has been born” as a result of this referendum.  Common sense may have prevailed, but we are far from being “a nation which respects civil liberties and tolerance” as Joseph Muscat stated.

The referendum result shows that the country remains divided on even the most basic issues that other European countries take for granted. The fact that the majority have stood up to an alliance between Church and Government is important. It reflects a desire for change, and hope that it may actually happen.

Let’s just keep in mind that this is only the beginning, although it is one that may lead to a promising end where Malta can eventually become a secular State.

Caroline Muscat is a freelance journalist. She was awarded the European Commission's national prize for journalism against discrimination in 2010. Read her blog here.

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anthony buttigieg
I fully agree with the writer that the referendum on the legalization of divorce in Malta is a step in the right direction. While nobody would initially recommend divorce, we have to admit it sometimes happens it becomes the only option left to settle some complicated marital problems defying reconciliation - which could lead to serious consequences if left unsettled. As marriage always takes place based on mutual acceptance and approval of both spouses, I think they both should likewise have the right to end that marriage if it turns into a source of troubles and instability - of course providing that divorce be carried out in accordance with law, so that the rights of each party can be legally guaranteed.