Exchange of legal publications

On Wednesday 28 November human rights non-governmental organisation aditus foundation donated to the Dean of the Faculty of Laws of the University of Malta copies of their two most recent publications, for the Faculty of Laws and Theology Library, and to be distributed to lecturing staff and law students.

The Compendium of Asylum Jurisprudence, Law and Policy is Malta’s first and only gathering of judicial pronouncements in the area of asylum, presenting decisions of the Maltese Courts and of the European Court of Human Rights. It is a useful handbook for practitioners, academics and students interested in various themes in the field of asylum, including: age assessment procedures, administrative detention, access to territory and procedural issues.

Access to Legal Assistance in Malta: Mapping the Availability of Legal Assistance for the Protection of Fundamental Rights in Malta explores the Malta’s provision of legal aid to persons who cannot afford the costs of private legal advice and counsel, advocating for the provision of quality and accessible legal assistance.

“It is in the interests of human rights protection to secure legal education and practice that is grounded in a solid understanding of the relevant norms and values.

We are extremely happy to support the Law Faculty’s work at producing lawyers who are not only well-versed in human rights law, but who also embrace its spirit and ethos.”

Dr Neil Falzon, aditus foundation Director.

The Compendium of Asylum Jurisprudence, Law and Policy and Access to Legal Assistance in Malta: Mapping the Availability of Legal Assistance for the Protection of Fundamental Rights in Malta are freely available from aditus foundation.

Receiving the books, Faculty of Laws’ Dean Professor Kevin Aquilina donated a copy of his recent book to the organisation. Human Rights Law: Selected Writings of Kevin Aquilina presents a compilation of the Dean’s insights into several themes regarding human rights in Malta.

Spanning several years of writing, it is not only intended to share the author’s views on key subjects, but to also generate discussion on the present and future of human rights law in Malta.

News item taken from the website of the University of Malta.

Do not disembark in Libya! Press statement by the #DontLetThemDrown initiative

We are extremely concerned to read of on-going negotiations between European Union Member States and Libya regarding the possible disembarkation in Libya of the twelve migrants rescued some days ago. Returning rescued migrants and refugees to Libya would expose them to serious human rights violations, which is a serious violation of international and European law.

International human rights law prohibits States from sending persons to countries where their life or freedom are in danger, or where they face a real risk of torture or inhuman and degrading treatment. Furthermore, in the context of rescue at sea, international maritime law requires that rescued persons – whoever they are – are disembarked at a place of safety. In view of the current turmoil in Libya, which is putting the lives of many Libyans at risk, and of the widely reported ill-treatment of non-Libyan migrants and refugees, it is clear that Libya cannot be considered a safe country in terms of international human rights law or of international maritime law.

In this regard we reiterate the September 2018 conclusions of the United Nations Refugee Agency:

“In light of the volatile security situation in general and the particular protection risks for third-country nationals, UNHCR does not consider that Libya meets the criteria for being designated as a place of safety for the purpose of disembarkation following rescue at sea.”

The undersigned non-governmental organisations, acting together as the #DontLetThemDrown initiative, strongly urge Malta, Italy and Spain to make sure that the rescued migrants are not disembarked in Libya under any circumstances. We urge the three Member States to reaffirm their commitment to fundamental human rights, as international legal obligations and also as shared European values.

We also call on the European Union institutions to ensure respect of these core values, and of the obligations boldly enshrined in the European Union Treaties and other legislation.

Furthermore, we appeal for the immediate disembarkation of the rescued migrants at a place of safety in order to avoid further deterioration of their situation and that of the crew members.

 

Making Malta Home! NGO Response to the Launch of the Specific Residence Authorisation policy

We are happy to welcome the Specific Residence Authorisation policy, launched today by the Ministry for Home Affairs and National Security and the Parliamentary Secretariat for Reforms, Citizenship and Simplification of Administrative Processes. The policy will ensure the security, stability and dignity for those migrants who, throughout the years, have invested their energies and dreams into making Malta their home.

As announced today, the new policy will be accessible by current holders of the Temporary Humanitarian Protection N status. It will also be accessible by persons who cannot be returned to their countries of origin and who, during their time in Malta, have demonstrated integration efforts.

The SRA policy will therefore offer eligible persons the possibility to make the significant shift from a temporary – and therefore insecure – situation to one that embraces the principles of transparency and predictability. Importantly, the SRA policy will also contribute towards combating migrant poverty and the anxiety that inevitably ensues from living in an eternal limbo.

Essentially, we appreciate that the SRA policy is a clear acknowledgement by the relevant authorities of the personal, social, financial and other contributions made by so many migrants in Malta.

In doing so, Malta is taking a bold step towards fostering a truly inclusive society.

We are looking forward to the implementation of the new policy, and offer our support to ensure its smooth operation.

Finally, we thank the Ministry for the consultation process that permitted the ‘This is Home’ campaign to share its views in a frank and open manner. We reiterate our support of this form of engagement, and look forward to other similar interactions with the Ministry on matters of mutual concern.

‘This is Home’ campaign is composed of:

aditus foundation, African Media Association Malta, The Critical Institute, Foundation for Shelter and Support to Migrants, Gender Liberation, Integra Foundation, International Association for Refugees, JRS Malta, KOPIN, Malta Emigrants’ Commission, Maltese-Serbian Community, MGRM, Migrant Women Association in Malta, Moroccan Community in Malta, Moviment Graffitti, Organisation for Friendship in Diversity, the People for Change Foundation, the Platform of Human Rights Organisations in Malta, SKOP, Solidarity with Migrants Group, SOS Malta, Spark 15, Sudanese Community, Third Country National Support Network, Women’s Rights Foundation.

 

Maltese NGOs at the United Nations’ Universal Periodic Review’s Pre-Session

On 12 October aditus foundation, Kunsill Nazzjonali Żgħażagħ, The Malta Independent on Sunday editor David Lindsay attended the UPR pre-session on Malta to give their feedback and recommendations on the state of human rights in Malta as they stand.

The UPR pre-sessions are attended by States’ missions to the United Nations, based in Geneva, with a view to gathering information in preparation for the upcoming review of a State’s human rights performance. Malta’s review is set for 14 November 2018…we’ll be following closely!

(Don’t know what the UPR is, or why we think it’s an important human rights process? Read our earlier blog post.)

So, who said what at this pre-session?

aditus foundation

Neil was present as Director of aditus foundation but also as Head of Secretariat of the umbrella organisation Platform of Human Rights Organisations in Malta (PHROM).

He started his presentation by highlighting the significant progress made by Malta in several areas since the last UPR, such as the adoption of the Integration Policy (2017) as well as amendments made to the immigration detention policy.

Statelessness was an issue discussed in depth by aditus foundation, also in the shadow report presented to the UPR process. In this regard, Neil reiterated concerns expressed in the Statelessness Index, namely:

Neil further noted the challenges faced by refugees and migrants in accessing Europe safely and legally, emphasizing that safe and legal pathways need to be introduced. He also stressed the need for Malta and Italy to stop bickering on Twitter and to find a way of resolving their legal and political disagreements regarding rescue at sea of migrants.

aditus foundation pleaded that Ħal Far Tent Village urgently needs to be replaced with housing that is community-based and equipped with basic material supplies. In relation to immigration detention, Neil noted that some instances of deprivation of liberty need to be aligned with international human rights standards.

Finally, on the migration theme, Neil urged Malta to remove the arbitrary prohibition of civil marriages for undocumented migrants.

Neil then spoke on the rule of law, mentioning examples of institutionalised nepotism, kickbacks and other forms of corruption. Neil finally stressed the importance of establishing a public inquiry looking into the brutal assassination of the journalist Daphne Caruana Galizia.

PEN Representative David Lindsay

David Lindsay, Editor of The Malta Independent on Sunday, spoke on behalf of Pen International, Reporters without Borders, IPI (International Press Institute), The Committee for the Protection of Journalists, The European Centre for Press and Media Freedom, and Article 19.

He stated that during the last UPR session, no recommendations were made on freedom of speech, yet Malta’s situation degenerated enormously. He underlined how Daphne Caruana Galizia’s brutal assassination on 16 October 2017 has left trailing behind it a climate of fear.

David reminded his listeners that a makeshift memorial set up in her memory has been cleared over 20 times by government officials in the thick of the night.

David reiterated Neil’s recommendation by calling for an international public inquiry that would establish whether her death could or should have been prevented.

David said that PEN welcomed the decriminalisation of defamation under the new Media and Defamation Act adopted in 2018, yet also mentioned serious concerns in relation to this new law, particularly that the burden of proof remains with the defendant, including in cases initiated by senior members of the government.

In addition, libel suits may be passed to heirs. To highlight this, David mentioned how Daphne Caruana Galizia’s family inherited a total of 33 civil libel suits, all instituted by senior public officials against Daphne herself.

Lindsay lamented that 2017 was the year Malta was introduced to Strategic Lawsuits Against Public Participation (SLAPP), as a way to censor and silence journalists and media houses by slapping them with exasperatingly high-cost legal fees. David expressed the fear that these methods are aimed at preventing the media from practicing its right to inform the public about matters of general interest.

David urged the UPR to recommend the prohibition of recognition of foreign defamation judgments, in order to protect Maltese journalists from SLAPP and libel tourism.

He concluded by stressing the importance of having a public inquiry looking into Daphne Caruana Galizia’s assassination.

Kunsill Nazzjonali Żgħażagħ

The General Secretary of Kunsill Nazzjonali Żgħażagħ, Sean Ellul, tabled the KZN’s UPR recommendations, focusing mainly on sexual and mental health issues. Sean noted that, although Malta does offer free STD and STI  testing, it is quite hard to access these due to a long waiting list of up to several months.

This means that a good part of the population remains untested: over 25% of individuals suffering from HIV are unaware they are HIV positive.

KNZ recommends that a standardised, holistic national policy on sex education is established, that incorporates both formal and non-formal education. Further investment in quality sexual health clinics and services is also needed. Self-testing and the distribution/educational use of contraceptives among youths need to be made easier and simpler.

With regard to mental health, Sean highlighted the situation in Mount Carmel Hospital by referring specifically to the young man who was discovered dead after he had fled the hospital. Sean underlined the need to overhaul this institution, also referring to the need for further public education and awareness-raising.

KNZ commented on the Maltese legal and judicial system, where a survey carried out just after Daphne Caruana Galizia’s assassination showed that 53% of Maltese citizens lacked trust in the system. In line with aditus’ own earlier recommendation, KNZ recommended the establishment of an independent National Human Rights Institution in conformity with the Paris Principles.

This post is part of a series of posts on the Universal Period Review process. Malta’s review, where the country’s human rights situation will be assessed by other States, is set for 14 November 2018.

Follow our News and Updates to be kept updated on this important United Nations procedure. 

Press Conference ‘White Paper on Rent Regulation: A Positive Step Forward’

On 20 October an NGO coalition published its reaction to Government’s proposals to reform Malta’s private rent sector. Led by Moviment Graffitti, the coalition followed up recommendations it present earlier this year. aditus foundation is part of this coalition.

We believe in the need to reiterate that access to decent housing is a fundamental human right.

As such, it requires State intervention to respect, protect and fulfil it.

If you’re not clear what this right actually means or implies, you can check out this useful Fact Sheet.

A key recommendation made is:

“Although the White Paper focuses on a framework regulating private rent contracts, it also contains a number of interesting proposals with regards to the supply of units for rent. We agree with the White Paper’s notion that the housing supply should not depend entirely on the private sector.

Government and the third sector have an important role in supplying affordable housing. Besides social housing, the state and non-profit setups should build units to be leased at affordable prices whilst still generating rental revenue. This would increase the housing stock, increase state income and increase affordability.

We see no benefits from a Public-Private Partnership (PPP) setup for such projects.”

The NGO coalition is composed of:

Moviment Graffitti, Alleanza Kontra il-Faqar, Malta Tenant Support, Women’s Rights Foundation, Forum Komunita’ Bormliża, Malta Humanists Association, The Millennium Chapel, Żminijietna – Voice of the Left, aditus Foundation, Platform of Human Rights Organisations in Malta (PHROM), Malta Gay Rights Movement, The Critical Institute, Spark 15, Mid-Dlam għad-Dawl, Kummissjoni Ġustizzja u Paċi, SOS Malta, African Media Association Malta, Koperattiva Kummerċ Ġust, Integra Foundation u Third World Group Malta