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Category: Press Statement

Getting Away With Murder! NGO Statement on the Magistrate’s Court judgement against Sean Anthony Mc Gahren

We, the undersigned non-governmental organisations and individuals, are gravely concerned by the decision of the Magistrate’s Court in the case against Sean Anthony McGahren. We feel it gives a message that aggressors can get away with almost anything when committing an offence of domestic violence.

We are also deeply concerned to see that the prosecution decided to remove charges related to the offence following the victim’s wish to withdraw her complaint and that the Court acceded to the request.

We find this worrying given that the offence of domestic violence is an ‘ex officio´ nature and has been so since 2006. This was further consolidated with the ratification and implementation of the Istanbul Convention that now forms part of our law as of the 14th May 2018.

It is therefore of great concern to see that the highest authorities in our country, the very ones that are meant to protect the vulnerable are still ignorant of the law and the rights of victims.

Withdrawing charges of domestic violence was not only done contrary to law, but was in breach of the fundamental rights of women given that these type of offence committed constitute gender based violence.

This is not the first time that prosecution and courts have taken this measure in cases of domestic violence, but in this particular case we cannot emphasis enough that arms proper were used and shots were fired.

We question whether had the situation not been a domestic one, the offender would have got away with a fine.

Such decision by the prosecution and the courts send a message that domestic violence is condoned and that perpetrators are free from culpability.

Women are and continue to remain victims of intimate partner violence and domestic abuse and such judgments do not promote the protection that is deserving and is putting women further into a more vulnerable position.

This statement is issued by:
Women’s Rights Foundation, Victim Support Malta, SOAR, St Jeanne Antide Foundation, Men Against Violence, The Good Shepherd Sisters – Dar Merhba Bik Foundation, Programm Sebh – Dar Qalb Ta’Gesu, PHROM, aditus foundation, Malta Humanist Association, Loraine Spiteri, Dr. Marceline Naudi.

PRESS STATEMENT: NGO Statement on the Government’s Decision to close Malta’s ports to NGO rescue ships

We are gravely concerned by the Government’s decision to close Malta’s ports to NGO rescue ships. The consequences of this measure are potentially fatal, as the vessels will no longer be able to continue saving lives in the Mediterranean Sea.

Although supposedly aimed at ensuring respect for the law, this action directly undermines the protection of human life at Europe’s borders, making them even more dangerous for refugees and asylum seekers.

The irregular migration sea route from Libya to Italy, which has always been the most lethal route for irregular entry into Europe, is becoming increasingly perilous. According to a 2017 UNHCR report, the death rate amongst those crossing from Libya increased to 1 for every 14 people in the first three months of 2018, compared to 1 for every 29 people in the same period in 2017.  In 2017, the Central Mediterranean route accounted for 2853 out of 3139 deaths in the Mediterranean, while in 2018 it accounted for 635 out of 972.

NGOs saved thousands of lives in the Mediterranean between 2015 and 2018 – in 2016 they were the most important single Search and Rescue (SAR) actor, accounting for 26% of all rescues. They filled a huge gap in state search and rescue operations in the Mediterranean after Italy scaled back its Mare Nostrum operation in late 2014.

One of the inevitable consequences of the decision to close Malta’s ports to these vessels will be that more people will lose their lives attempting to reach a place of safety. This especially since EU states do not seem to have any plans to increase their search and rescue capacity in the Mediterranean, but intend to rely instead on the Libyan coastguard to conduct rescues.

The deaths of 100 migrants in the seas off Libya yesterday, after a Spanish NGO vessel was told that the Libyan coastguard was taking care of the rescue, highlights the deadly consequences of refusing to collaborate with NGOs and limiting their capacity to operate effectively.

Moreover, seen in the light of recent government statements stressing the need to allow the Libyan coastguard to operate without obstruction, the actions being taken against NGOs conducting search and rescue look like little more than a thinly veiled attempt to block refugees and migrants from leaving Libya.

It is impossible not to question the morality and humanity of a decision that will effectively trap people in an abusive situation, where their safety is anything but guaranteed. It is a well-documented fact that migrants in Libya routinely experience severe violations of their rights including rape, slavery, torture, ill-treatment, extortion and detention in miserable conditions. Not only, it is completely impossible for them to apply for protection there.

While it is no doubt important to secure our national borders, this can not, and should never be, at the cost of the life or safety of others, especially vulnerable people seeking refuge.

We therefore call on the government of Malta to urgently reconsider its decision and to allow NGO rescue vessels to continue to operate from Malta ports.

We also urge the government to support NGO rescue efforts not just by allowing them to use our port facilities but also by allowing rescued migrants to disembark in Malta pending a final decision on which countries will take them.

 

This press release is being issued by the following organisations:

aditus Foundation, Eritrean Community, Foundation for Shelter and Support to Migrants, Graffiti, IAFR, Integra Foundation, JRS Malta, Justice and Peace Commission of the Archdiocese of Malta, Kopin, Libico, Malta Emigrants’ Commission, Migrant Women Association Malta, PFC, PHROM, Solidarity with Migrants Group, SOS Malta, Spark 15.

 

Monday, 02 July 2018

Migration disputes should not be solved by putting people’s lives at risk

Joint Italian and Maltese NGO Statement on incidents relating to people rescued at sea

Whilst we welcome the recent developments in relation to the disembarkation of rescued people on board the Alexander Maersk cargo and the ongoing coordination between the Governments of Italy, Malta, France and Spain, we urge all actors involved to immediately secure the disembarkation of the over 230 rescued people, among which children, unaccompanied minors and other vulnerable individuals, currently aboard the Mission Lifeline rescue ship.

Whilst we appreciate the need to clarify legal responsibilities, we emphasise that the protection of life and human dignity should remain the topmost priority.

In order to preserve the integrity of the maritime rule whereby all persons in distress are to be rescued, it is imperative that coastal states coordinate their efforts towards ensuring a prompt disembarkation at a place of safety.

This is a clear obligation under international law.

We are keen to clarify that NGOs rescuing persons in distress are not violating international norms, but rely on States to fulfil their obligations by indicating a safe port for prompt disembarkation of all rescued persons. We also remind the authorities concerned that disembarkation in unsafe places, such as Libya, would violate international law and is therefore not a valid option.

Thus, we express our concern with the announcement made by both the Italian and Maltese authorities on the intention of sanctioning the captain and crew of the Mission Lifeline rescue ship.

As Italian and Maltese civil society organisations, we reiterate that political disputes over migration responsibilities cannot be resolved by violating international law and placing people’s lives and wellbeing at risk.

Humanitarian and human rights obligations should always prevail over political considerations.

We therefore urge the forthcoming European Council meeting to urgently identify and implement much needed solutions to the situation in the Mediterranean, inspired by the principle of European solidarity and fully in line with the obligations related to the protection of human rights.

Statement issued by:

aditus foundation, African Media Association Malta, Associazione ONG Italiane (AOI), CONCORD Italia, Coordinamento Italiano NGO Internazionali (CINI), COSPE Onlus, Foundation for Shelter and Support to Migrants, Integra Foundation, Jesuit Refugee Service Malta, Kopin, LIBICO, Link 2007, Malta Emigrants’ Commission, Migrant Women Association Malta, Moviment Graffitti, People for Change Foundation, Platform of Human Rights Organisations in Malta (PHROM), SOS Malta, SKOP, Terre des Hommes – Italy.

Put people first – Joint NGO Statement on the occasion of World Refugee Day 2018

On World Refugee Day 2018, in the run-up to the European Council Meeting on June 28, we urge the government to prioritise the protection of people rather than just the protection of Europe’s borders.

The events of the past weeks are a stark reminder, if any were needed, that Europe’s borders are still dangerous and inhospitable places for people in need of protection. They highlight the fact that the most vulnerable are often the first casualty in disputes between states on responsibility for those rescued at sea.  Seen in the light of discussions at European level, they underscore the fact that Europe is still far from achieving a unified and consistent response to the needs of people arriving here in search of protection.

Instead of focusing on real responsibility-sharing within the European Union, Member States’ discussions focus almost exclusively on stopping spontaneous refugee arrivals or making arrangements with non-European States for refugees to remain there, even where these States might not be able or willing to offer true refugee protection.

This lack of a unified approach and the emphasis on protection of borders and perceived national interests – rather than protection of people – is problematic for everyone. Individual EU Member States are disadvantaged by the application of the Dublin Regulation, insofar as this requires the EU’s border Member States to become the continent’s reception or detention centres.

Yet is it particularly problematic for refugees and asylum-seekers who continue to die in ever greater numbers as they attempt to reach a place of safety.

According to UNHCR, although sea arrivals to Italy have drastically reduced since July 2017, the journey claims an increasing number of lives. In 2018, the death rate amongst those crossing from Libya increased to 1 for every 14 people, compared to 1 for every 29 people in the same period in 2017.

‘Forgotten at the Gates of Europe’, a report published yesterday by JRS Europe, highlights the impact of this reality on the lives of men, women and children fleeing in search of protection. It calls upon the EU to create a Common European Asylum System that lives up to its name and that truly affords protection to those who need it.

On World Refugee Day, aditus foundation, Integra Foundation, JRS Malta and the Malta Emigrants’ Commission join our voice to that of JRS Europe in calling for a fundamental policy shift at EU level – to create a system that prioritises protection of people and creates safe and legal pathways for people seeking protection.

We encourage Malta to lead by example, as it did with the intra-EU relocation exercise, and to introduce safe and legal pathways for refugees to reach a place of safety, in particular by broadening the rules on family reunification for beneficiaries of subsidiary protection and resettling refugees from transit countries.

We commend Spain’s intervention, and urge Italy and Malta to avoid similar incidents.

Joint NGO Statement on the Aquarius incident

We commend Spain for accepting the disembarkation of the over 600 rescued migrants aboard the MV Aquarius. Without this intervention, the impasse between Italy and Malta over where to disembark the rescued migrants could have easily led to a humanitarian disaster. Spain’s intervention is an act of true solidarity, not only amongst EU Member States but also – and more importantly – with migrants and refugees trying to secure a safer life.

The protection of life and human dignity should remain the topmost priority under all circumstances. Whilst we appreciate the need to clarify specific legal responsibilities, the spirit of the law is to ensure the safety of all rescued persons, and also the integrity of the rescuing vessels and its crew. We also stress that disembarkation in unsafe places, such as Libya, would violate international human rights law and international law, and should therefore not be considered as an option.

In order to preserve the maritime rule whereby all persons in distress are to be rescued, it is imperative for coastal states to coordinate their activities towards ensuring a prompt disembarkation at a place of safety. This is a clear obligation under international law, rendered more pressing when the rescued persons include children, pregnant women and other persons in need of care and attention.

Finally, while we are aware of the challenges posed by the arrival of large groups of migrants and refugees, we urge Malta to do all that is necessary to ensure that it meets its legal and humanitarian obligations of offering a dignified reception to persons disembarked here. Once more we reiterate our commitment and our willingness to work with the authorities in order to achieve this objective.

Statement issued by:

aditus foundation, African Media Association Malta, Integra Foundation, International Association for Refugees, Isles of the Left, JRS Malta, KOPIN, Malta Emigrants’ Commission, Migrant Women Association Malta, Moviment Graffitti, People for Change Foundation, SOS Malta.