Malta human rights report renews calls for detention policy review

There is “room for cautious optimism despite concerns” over human rights in Malta, a report compiled by The People for Change Foundation (PcF) reveals.

In its second edition analysing the situation in 2014, the Foundation found that Malta took major steps towards strengthening respect for equality and the safeguarding of human rights.

Some key developments included constitutional protection non-discrimination on grounds of sexual orientation and gender identity, the adoption of the Civil Union Bill and the proposed Gender Identity Bill, statements on various human rights issues including child detention, broadening of anti- discrimination provisions, and proposals for a human rights act.

“However, other issues must be addressed. These include: the detention policy of immigrants and the conditions that they are kept in; the integration of migrants into the local community; the attitudes and perceptions of the locals towards immigrants; and more discourse at higher levels for national policies towards the implementation of positive changes,” PcF said.

It said, that a positive development that should persist is the discussion of policies on integration and migration. “The Valenzia Report’s publication has helped raise awareness of the deplorable situation that many asylum seeking immigrants find themselves in which should encourage both civil society and government authorities to work towards providing better conditions and upholding every individual’s fundamental human rights.” It called on the Maltese authorities to take heed of Francois Crépeau’s advice to utilize a human rights approach for issues related to irregular migration: “This approach needs to be utilized towards various issues, not only irregular migration, and would be a positive step in challenging misconceptions and changing negative attitudes from society as a whole.”

This responsibility will now be taken on by Minister Carmelo Abela who has already indicated how he intends to enact a holistic migration policy with the input of local human rights NGOs and other stakeholders.

The commitment to adopt an integration policy by Minister Helena Dalli is also an important development set to materialize sometime in 2015.

PcF said that there are clear gaps and problems that need to be addressed; changes and discussions are underway to rectify these issues including the detention policy as well as the Children’s Protection Bill.

“As children are a considerably vulnerable group, more actions need to be taken concerning their detention, care and overall well-being and we are looking forward to the implementation of the policy of non-detention of migrant children,” it said.

TPCF argued that this was more relevant with the increase in arrivals of irregular immigrants that is expected to occur in 2015 following the end of the Mare Nostrum mission and the ever-increasing number of unaccompanied migrant children that are reaching Maltese shores.

All stakeholders must work together in order to ensure there are adequate facilities and systems in place.

The government’s White Paper on Human Rights and Equality is another significant development that will hopefully come to fruition in 2015.

The establishment of a Human Rights and Equality Commission will provide Malta with a significant institution that will increase and support equality while organisations such as the President’s Foundation and the Platform of Human Rights Organisations in Malta are positive steps that can contribute towards the achievement of positive changes in Malta.

2014 saw a number of landmark steps taken through legal amendments and legislation, as well as through projects and campaigns on a civil society level. The process seems promising to continue in 2015 with significant developments including the final consultation on the White Paper on the Human Rights and Equality Commission Act, the adoption of the Child Protection Bill, the upcoming Integration Policy and further legal amendments to create an international standard of Human Rights in Malta.

“{The positive signs and pledges from both the Prime Minister and the Home Affairs Minister regarding the detention policy, a major human rights issue at the moment, should provide cautious optimism that the reforms needed to safeguard the human rights of irregular migrants will be put in place,” PcF said.

“This is especially important considering the high probability of arrival of further migrants who will avail of the systems as put into place.”