Patriots' plan for referendum on ‘forced integration’ is legally impossible

Plans by a newly fledged anti-immigration party to force a referendum against the “forced integration” of migrants look set to fall foul of the law.

The Moviment Patrijotti Maltin has for the past two years been gathering signatures from the public in an attempt to force the government to call a referendum against “forced integration”. The group’s leader, Henry Battistino, said that around 20,000 people have signed the petition so far and that the group’s target is to obtain 34,000 signatures.

However, leading lawyer Prof. Ian Refalo explained to MaltaToday that the only type of referenda that can be forced through petitions are abrogative ones – that is referenda to repeal specific laws.

To do that, petitioners must convince 10% of the electorate to sign their petition – equivalent to some 34,000 eligible voters.

Such a tactic has only been employed successfully once so far in Malta – for the 2015 spring hunting referendum that unsuccessfully attempted to repeal a legal notice that allowed the government to derogate from the EU’s nature laws.

“Legally, the government can call a consultative referendum on anything it wants to but signatures can only be gathered to call for an abrogative referendum,” Refalo said. “It doesn’t seem to me that there is a particular law that allows for integration.”

When confronted with this legal argument, Battistino bullishly claimed that the referendum can be held regardless.

“I’m not a law professor and neither are you, but I believe in democracy and 20,000 people have signed our petition so far,” he told MaltaToday. “Once we reach our target of 34,000 signatures, then we can start talking about the technicalities. First we’ll get the signatures, and then we’ll take it from there and decide on our next move. There are ways and means. Laws have changed before…”

Moviment Patrijotti Maltin leader Henry Battistino

Battistino added that the “establishment” will not look kindly on the referendum, but that it will gain popular support from the man in the street. 

The Moviment Patrijotti Maltin, which will contest the general election, on Saturday lambasted the government for accepting €93 million in EU funds for migration and security projects, including a specialized unit at Mater Dei to deal with highly infectious diseases and Maltese and English language courses for migrants. The funds will also be used to help with Malta’s pledged relocation of migrants from Italy and Greece, as well as to purchase a new aircraft and other vehicles for the Armed Forces and new scanning equipment for the Customs Department.

“It is shameful that the government is accepting these funds to appease illegal and irregular immigrants to supposedly integrate them into Maltese society, at the same time as the Maltese people are facing wage stagnation, soaring rent prices and a degraded environment, all as a result to this invasion,” the Patrijotti said in a statement. “The money should instead be used to help the 100,000 Maltese people who are living in poverty and to lift thousands of Maltese people out of illiteracy.”