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Category: Press Statement

LIBE & PANA Mission Report, Rule of Law, Malta

The European Parliament’s Mission Report Following the ad-hoc Delegation to Malta (30 November – 1 December, 2017) was finally published yesterday. The Report outlines the findings of the visit of an ad-hoc Delegation to Malta composed of 8 European Parliamentarians drawn from the Committee on Civil Liberties, Justice and Home Affairs (LIBE) and the Committee of Inquiry into Money Laundering, Tax Avoidance and Tax Evasion (PANA). The Report contains a summary of the meetings that the Delegation held with various government representatives, public authorities and civil society, and it also presents a number of recommendations to be implemented at European level and at national level here in Malta.

During the meeting held with civil society representatives aditus reiterated that problems relating to the rule of law in Malta are systematic and stem from the concentration of powers granted to the Prime Minister by the Constitution. Neil, our Director, noted that these concerns existed prior to the election of the current government and to the assassination of Ms. Caruana Galizia. The current system permits the politicisation of national authorities, by allowing the appointment of party affiliates to judicial positions, to monitoring and deciding bodies and to key positions within the administration. Other issues raised during this particular meeting can be found on pages 12 and 13 of the Monitoring Report.

aditus had previously raised these concerns and had called on the Maltese government and Parliament to commit to a governance approach that is built on transparency, inclusivity and accountability. The crisis Malta is facing today can be seen as the direct result of successive governments retaining and strengthening the power-structures, obscuring the lines separating the legislative, executive and judicial branches of government. aditus had also called on civil society to avoid complacency and to expect more and better from any Government of the day and from Parliament, to require from them the most impeccable conduct and, where this fails, to insist on their immediate resignation or removal. However, primarily we recommended the implementation of a true Constitutional reform that will rebuild the nation from its grass roots, with strong and independent democratic institutions that are capable of effectively ensuring the rule of law and respect for fundamental human rights. [Full press releases: The nation deserves better, and more, from Government and Parliament – Joint NGO Press Release, Joint NGO letter to the Prime Minister on the recent appointment of Dr. Herrera as Justice Commissioner]. 

In a similar vein, the Platform of Human Rights Organisations in Malta (PHROM) in its 2016 Annual Human Rights Report Protecting Human Rights, Curbing the Rule of Power, flagged “issues of bad governance, lack of transparency and accountability as the most serious concern for the general state of human rights in Malta.” The 31 members of PHROM, which include aditus foundation, cited the Panama Papers scandal, the corruption allegations involving members of the Government and the then upcoming elections as the most worrying obstacles for the fulfilment of human rights in Malta. Finally, PHROM called on the Government to commit governance approach that puts people and the protection of their rights at the centre of their policies, rather than safeguarding the privileges of a few.

In concluding, the Delegation’s Monitoring Report noted that “MEPs expressed serious concerns about the unclear separation of powers, which has been the source for the perceived lack of independence of the judiciary and the police, the weak implementation of anti-money laundering legislation, the serious problems deriving from the ‘investments for citizenship programme’, and the mentions of Maltese politically exposed persons in the Panama Papers and their continuing presence in government.” In tackling the problems identified with the functioning of the rule of law, the Delegation recommended that: 

  • Work is needed to ensure stronger checks and balances in the Maltese legislative framework to better separate powers and to limit possible interference of the Prime Minister in the judiciary and the media;
  • Reform the Attorney General functions, to decouple the role of advisory to the government from the role of prosecution;
  • Reform the Judiciary, namely on the basis of recommendations made in 2013, in order to reinforce the separation of powers and the independence of the Judiciary;
  • The Police Commissioner should no longer be appointed by the Prime Minister but by an appropriate independent body. Similarly, the veto power of the Prime Minister should no longer exist regarding the nomination of the Maltese Chief Justice;
  • An investigation is needed over the alleged influence of elections through increased hirings in the public sector, issuance of construction permits and regularisations of irregular constructions, as well as pay increases and promotions in the military. 

(for the full list of recommendations refer to pages 29-31 of the Monitoring Report)

We call on the Government and Parliament for immediate action by taking these recommendations on board and by kick-starting the process of a proper reform that would ensure good governance, free from corruption and abuse of power and the  functioning of the rule of law, which would guarantee justice, personal security and the protection of fundamental rights for all.

Our human rights mission calls upon us to always stand up for our beliefs: we will not falter.

“In summary, gathering and disseminating information, advocacy and the mobilization of public opinion are often the most common tools used by human rights defenders in their work.

They work at democratic transformation in order to increase the participation of people in the decision-making that shapes their lives and to strengthen good governance.

They also contribute to the improvement of social, political and economic conditions, the reduction of social and political tensions, the building of peace, domestically and internationally, and the nurturing of national and international awareness of human rights.”

Office of the United Nations High Commissioner for Human Rights, 2004

In commemoration of International Human Rights Day, aditus foundation notes the precarious situation of Malta’s human rights defenders and calls for a broader respect for their central role in promoting and contributing towards Malta’s overall well-being.

Malta’s human rights defenders are those individuals and organisations that tirelessly seek to ensure that all persons are able to enjoy their fundamental human rights. They are active in a broad range of sectors, addressing various groups of persons and themes including: survivors of domestic violence, persons with disabilities, migrants and refugees, children, survivors of crime, the environment, LGBTIQ+ persons, inmates, women involved in prostitution, good governance and so many others.

They are present where State interventions are either absent or insufficient, where the risk of human rights violations is high.

Without human rights defenders, Malta would probably not be able to boast today’s levels of social wellbeing. As activists dedicated to ensuring human rights enjoyment for all persons, most of us push for stronger legal and policy standards, support the training of public officials, provide public information, support victims of violations and strive to hold the State accountable and responsible for its failures.

In return, many of us are bullied, harassed, insulted, threatened and stigmatised. Many of us are denied access to important dialogue with State entities, or exploited by the State as we provide those public services the State refuses or is unable to provide.

As the community of Malta’s human rights defenders is still mourning the brutal assassination of Daphne Caruana Galizia, we are uncertain of the security of our working environment and are concerned for the physical and psychological safety of our staff and volunteers.

We are not satisfied that our concerns are being taken seriously by the competent authorities, especially in view of the fact that we are often victims of hatred perpetuated by those entities responsible for our protection.

Understanding the importance of human rights defenders is fundamental for the fostering of a society that is geared towards respecting, protecting and fulfilling everyone’s human rights.

By tolerating this on-going abuse of its human rights defenders, Malta is not only offending the principles human rights embody – equality, non-discrimination, individual and social empowerment – but it is also further marginalising those communities and themes human rights defenders so vehemently stand up for.

On International Human Rights Day, we therefore urge Malta to rethink its relationship with human rights defenders. This means to not merely refrain from activities that instil fear and insecurity, but to take steps towards actively supporting human rights defenders.

Youth, Not Status II Training Weekend

On 11th-12th of November aditus held the second Training Course of Youth, Not Status, the Erasmus+ project that aims to bring together young Europeans and young refugee/migrants (range of age 18-30 years old), to provide them with human rights information and skills necessary to structure ideas and strategies for them to inform national policy-making on youth themes.

The training took place at Aġenzija Żgħażagħ Youth Village Complex in St. Joseph High Road, Santa Venera, and gathered together 20 young learners of all ages between 17 and 28 and from different backgrounds and helped them explore and change the discourse on migration and to understand the challenges and potentials of cultural diversity, inclusion, social integration.

The first session on Saturday 11th fostered social cohesion and promote intercultural dialogue. Dr. Anne Bathily and Dr. Virginie Gailing canvassed concepts and addressed subjects through interactive working group exercises to promote social inclusion and challenge racism and stereotypes.

They combined them with body-storming games as a powerful learning tool to improve critical thinking and education to achieve sustainable development, intercultural understanding and awareness campaigning.

It has been amazing watching the trainers with their interactive tools and proposals. The different protocols helped enormously in encouraging debate, to raise issues and work together to find solutions on daily based situations.

The Training gave us practice and examples of how to be aware and acknowledge that growing inequality has become a pressing issue.

The participants kept telling me, yesterday, that they felt very privileged to have participated in the workshop.

Antonella Sgobbo, aditus Programmes Officer and Youth, Not Status Project Coordinator.

During the last stage of the day, the identification of three project ideas took place in a very engaging working groups set up, three tables for three different projects:

  • National Youth Council/equivalent of youth platform to be given a vote + consultation power in policy making process of Parliament
  • Youth Media Platform
  • Social integration campaigns

The workshop concluded with pitches of these proposals in front of a proper jury composed of a journalist, a video maker and a project manager who provided the participants with valuable advice on the potential impact of the projects.

         

The next session on Sunday 12th sought to identify how young people can make use of the policy to advocate for their needs. Dr Gabi Calleja facilitated the session about “the National Youth Policy Towards 2020: A shared vision for the future of young people”, as part of the Government’s policy for greater participation, equitable economic and social progress for all and inclusive change.

The panel examined topics such as human rights and justice; political participation and decision-making; gender and health inequalities; and employment, education, and migration opportunities, in the context of youth development, empowerment, and equality within society.

The participants provided input on the strategies of the policy before its implementation and they advocated for increased inclusivity in the aims and the objectives of the policy.

The workshop provided an invaluable platform for migrant and Maltese youths to interact and learn under the guidance of national and international coaches on integration, youth policy and journalism.

The interactive nature of the workshop made the weekend thoroughly enjoyable!

Helena A. Youth, Not Status participant.

Jurgen Balzan led the last talk ‘Young people’s representation in media across the Mediterranean’. A vast majority of citizens in Europe and the southern Mediterranean now recognise youth-led initiatives and education reform as the best way to tackle discrimination and extremist narratives.

Jurgen gave an example of how social media played a significant role during the Arab Spring as it facilitated communication and interaction among participants of political protests, and he shared his experiences in reporting on cases involving migrants. The group of participants debated on how displaced and vulnerable people can be empowered through the use of social media and other platforms.

My participation in Youth, Not Status made me feel more comfortable and free to speak about migration.  I met new people, we shared our experiences. Everything is more realistic now! Being judged as migrant, refugee in this Country needs to be refreshed up.

We shared our voices, we were very engaged, despite of the pressure and the animated debate.

Our voices can change the whole world.

It was a pleasure meeting also Jurgen Balzan, the journalist who spoke about the situation that happened in North Africa and in the Middle East. Thanks. 

Omar, Youth, Not Status participant.

If you want to know more about Youth, Not Status project click here:

 http://aditus.org.mt/our-work/projects/youth-not-status/

If you want be involved in the next activities of Youth, Not Status, get in touch with us:
antonellasgobbo@aditus.org.mt

 

                                                                                

Photo credits: Antonella Sgobbo

“You cannot call for the national unity you all demolished!”

NGO Statement on the assassination of Daphne Caruana Galizia

We are extremely distressed at the national situation that has led to, permitted or even encouraged the brutal assassination of Daphne Caruana Galizia. Monday’s abominable act was not committed in a social or political vacuum but as a result of the culture of hatred, division, bigotry and opportunism that successive Maltese Governments and Parliaments have fuelled and thrived on.

The concerns we expressed earlier this year (The nation deserves better, and more, from Government and Parliament) are today more urgent and relevant than ever before. Whilst it is imperative to unmask and bring to justice all the perpetrators of Daphne’s assassination, it is just as crucial to unreservedly denounce all other guilty parties, all those whose actions cumulatively took her life and – at the same time – stripped the nation of its sense of freedom, security and well-being.

Every insult uttered and written against her, every attack on her credibility and integrity, every law suit instituted against her, every garnishee order attacking her assets, and every act of bullying and intimidation only served to generate unprecedented volumes of community hatred against one person, one journalist. It is extremely worrying that these volumes of hatred and social divide have been carefully assembled and fortified by the two main political parties, who over decades have successfully fragmented Maltese society with impunity.

aditus has on many occasions deplored the language of hatred used by parliamentarians, public servants and politicians against people who are of different a political belief, gender, colour or sexual orientation. It has also condemned the unacceptable lack of sanctions and accountability that followed such incidences.

The dishing out of public positions, public contracts and public funds to friends, family members and political sympathisers has led to a gradual yet extremely effective weakening of the democratic institutions intended to preserve the rule of law, accountability and transparency. In 2017, crucial pillars of a democratic state, the Malta Police Force and the Judiciary no longer enjoy the respect of the public and autonomy needed to fulfil their roles.

Other monitoring bodies, including the Office of the Ombudsman and the National Commission for the Promotion of Equality have not been provided with the necessary power to keep abuse, cronyism and illegal practices in check.

The above has been acerbated by complacency and an establishment of an educational system that is utterly devoid of active citizenship values, that ignores the value of critical thinking and that seeks conformity as opposed to individuality. By building the environment for such hatred to flourish, and then annihilating the very structures intended to protect us all from acts of hatred, a relatively small group of people have not only thrown Malta into democratic and constitutional chaos but are now complicit in Malta’s most heinous crime.

Finally, we are astounded by the lack of serious collective mourning by all public institutions – including the Office of the President, Ministers, the House of Representatives and the Judiciary – in the face of such a barbaric attack on an individual, on press freedom and on civil society.

The human rights values that aditus foundation promotes and seeks to protect speak of unity, harmony, and mutual understanding despite political, ethnic, gender and other differences. Human rights strengthen people and empower them to become active and fulfilled individuals.

Human rights also bolster communities and nations by providing the social and structural tools necessary to foster safety and security, such as independent and impartial courts of law, inclusive social support systems, equality bodies, effective police forces, and a thriving civil society.

With this spirit, we will be attending the civil society event ĠUSTIZZJA on SUNDAY 22 OCTOBER at 16.00, before the House of Representatives (Valletta), and invite you all to join us.

#maltaunderthreat as activist blogger is brutally assassinated: joint NGO statement

MGRM, aditus Foundation, Integra Foundation, the Critical Institute and the Platform of Human Rights Organisation in Malta extend their condolences to the family of Daphne Caruana Galizia and express their concern at the threat to freedom of speech that her violent murder poses.

We urge the government to ensure that law enforcement are adequately resourced to conduct the necessary investigations and to do all in their power to bring those responsible to justice.

Given that it has been reported that in the past days Daphne Caruana Galizia reported threats on her life, we also request an independent inquiry into whether the police took the requisite measures to protect the victim and whether this outcome could have been averted.