“Anti-migrant discourse is contrary to the nation’s values!” Joint NGO Statement reacting to comments made by the Leader of the Opposition

We are shocked and disgusted by comments publicly made by the Leader of the Opposition against non-Maltese nationals. Using inflammatory language and calling for affirmation of the Maltese identity, Dr. Delia accused non-Maltese nationals of instilling feelings of fear and insecurity, and “causing havoc with our Maltese identity.”

This language is abhorrent as it is intended to generate hatred, discrimination, exclusion and violence, and has no place in Malta.

We unequivocally condemn Dr. Delia’s statements and urge him and his colleagues to refrain from resorting to such divisive discourse for the sake of political expediency.

It is clear that several national and global developments have hastened the pace of social change, making today’s reality and society extremely different to those of a few years ago. Developments such as Malta’s EU accession, neo-liberal economic policies, globalisation, the rise of social media have been championed by successive Maltese governments, and the nation has also benefitted from a broad opening up of markets, lifestyles and commodities.

That said, these developments have also brought about uncertainty and growing insecurities. Furthermore, not all have benefitted from the economic boom and there is growing inequality and abject poverty in Malta, together with several fractures within our communities.

Social change has bought about a sense of loss and uncertainty for many and, for some, fear of change.

Dr. Delia’s comments seem to suggest that he is keen on capitalising on such insecurities and populist sentiments. He not only negates the political factors that have contributed to such human misery, but attacks various communities whose only lowest common denominator is that of being non-Maltese.

Such discourse not only smacks of hypocrisy, but raises serious questions vis-à-vis the Party’s commitments to international human rights obligations and to Malta’s very own Constitution.

Malta’s 1964 Constitution (Article 1) opens with the statement that the nation “is a democratic republic founded on work and on respect for the fundamental rights and freedoms of the individual.” This statement must be interpreted as meaning that all persons living in Malta are entitled to be respected and valued, and their humanity and dignity protected under all circumstances.

It means that Malta will foster inclusive communities that accept all persons, irrespective of skin colour, gender sexual orientation, age, gender identity, disability, or nationality.

It is reflected in a long list of laws and policies, such as laws criminalising hate crime and hate speech, equality legislation prohibiting discrimination in several spheres of life, education policies, marriage equality, the establishment of equality bodies, etc.

This is the Malta we all want to live in. This is the Malta we are called upon to create and maintain, together. The Leader of the Nationalist Party has an immense responsibility in this nation-building exercise.

We hope that he, and his colleagues, will not rubbish this responsibility for a handful of votes, but that he will promote the Constitution’s values throughout his work.

Statement issued by:

aditus foundation, Allied Rainbow Communities, The Critical Institute, Drachma LGBTI, Drachma Parents, Foundation for Shelter and Support to Migrants, Integra Foundation, Isles of the Left, Jesuit Refugee Service Malta, KOPIN, LIBICO, Malta Emigrants’ Commission, Malta LGBTIQ Rights Movement (MGRM), Men Against Violence, Migrant Women Association, Moviment Graffitti, Platform of Human Rights Organisations in Malta, Richmond Foundation, Solidarity with Migrants Group, SOS Malta, SPARK15, St. Jeanne Antide Foundation (SJAF), We Are, Women’s Rights Foundation.

Maltese Compendium asylum

Publication of our Compendium of Asylum Jurisprudence, Law & Policy

A collection of Maltese asylum case-law

The Compendium of Asylum Jurisprudence, Law & Policy – A Collection of Maltese Asylum case-law gathers the large collection of case-law decided by the Maltese courts and the European Court of Human Rights with respect to Malta in the field of asylum.

The Compendium is divided into six chapters. Chapter I on Procedural Issues takes into account the vast number of judgements that examined the nature of judicial review and constitutional review in the field of asylum and immigration, and the implications of challenging decisions by the Refugee Appeals Board and the Immigration Appeals Board.

Chapter II focuses on jurisprudence relating to asylum determination claims and highlights the restraints that our Courts have in reviewing decisions relating to asylum on the merits.

The examination on the grounds for detention, the remedies available at law for challenging detention and judgments on detention in the light of claims of breaches of fundamental right are tackled in Chapter III.

Chapter IV explores the importance of access to the territory and surrounding issues, such as border control and the principle of non-refoulement, and related judgements. The age assessment procedure is examined in Chapter V.

Finally, Chapter VI explores the content of and access to associated rights of beneficiaries of international protection in the light of the available Court jurisprudence and Ombudsman decisions.

Compendium of Asylum Jurisprudence, Law and Policy – Author: Carla Camilleri; Reviewed by: Neil Falzon

The Compendium is free of charge, however the costs of postage would need to be covered by anyone interested in receiving a copy by post. Charges for postage for both overseas and local postage for this publication is €3.50.  Payment can be made via a number of options: click here for information on payment.

It is important to indicate your name and include the word “Compendium” in the narrative of your transaction.  Please email: carlacamilleri@aditus.org.mt for more information.

The Compendium can also be accessed online here.

Ultimately, we hope that the Compendium strengthens the quality of those judicial decisions that determine the extent to which refugees are able to effectively enjoy their fundamental human rights.

We hope that readers of this Compendium will take from it the wealth of knowledge gathered in its pages, and also appreciate the struggles refugees face as they seek to secure their human dignity in Malta.

Dr. Neil Falzon

Director aditus foundation

This publication has been funded through the Small Initiatives Support Scheme managed by the Malta Council for the Voluntary Sector.

“WHERE HAS OUR HUMANITY GONE?” JOINT NGO STATEMENT ON THE QORMI FARM HOUSING OVER 100 MIGRANTS

We are extremely shocked and saddened at the discovery of around 120 migrants living in absolute squalor in a Qormi farm. As details of the incident continue to unfold, a story of exploitation, abuse and dehumanisation is emerging. It is disconcerting that some people are able to treat fellow human beings with such contempt and disregard for their dignity.

It is now a well-established fact that sustaining economic growth in Malta is dependent on diverse forms of migrant labour. And yet, there appears to be very little acknowledgement of the fact that the migrant labour force forms the backbone of economic growth. Without this acknowledgement, there remains very little space for respect, let alone appreciation and inclusion.

As a result of Malta’s steady economic growth more and more people, across the socio-economic spectrum, are being forced out by the relentless rise in real estate and rental prices. For an increasing number of people, a month’s salary will not cover a month’s rent.

The shortage of affordable and decent housing is affecting hundreds, if not thousands, of persons including Maltese, Europeans and migrants.

A toxic blend of housing costs, labour exploitation and racism ensures that many African migrants are positioned at the far end of the socio-economic spectrum. Over the past few months there have been more and more reports of migrants being forced to pay obscene prices to live in the most abhorrent and inhumane conditions simply because they have nowhere else to go.

This situation is unacceptable and something must be done in order to curb this profit-driven assault on human dignity.

However, evicting migrants with no pre-warning and providing no viable alternatives cannot and must not be part of the strategy. The fundamental human right to housing requires the Government to ensure that all persons are able to secure a roof over their heads, especially the most vulnerable. In this particular case, we emphasise that the Government has a legal and moral responsibility to ensure that the welfare of the entire labour force be prioritised over economic growth and increasing profits for the few.

Specifically, the competent authorities have an urgent responsibility to work with all the relevant agencies to ensure access to dignified accommodation. The Government must immediately pursue a strategy to ensure that decent and affordable housing is made available for all, regardless of where they fall on the economic ladder.

Furthermore, the Government is urged to take concrete action to implement the promised rent reform, taking into account the rent reform proposals put forward NGOs and other stakeholders, to address the skyrocketing rental prices that are hitting Malta’s most vulnerable populations hardest.

It is our duty, as a nation, to ensure that no person lives in such terrible conditions and that we value the humanity of all persons as we do our own. It is also our duty not to turn a blind eye to such terrible incidents, but to act promptly in order to prevent further human suffering and work towards making Malta a truly better place for all.

This press release is being issued by the following 28 organisations:

aditus foundation, African Media Association, Allied Rainbow Communities, Caritas Malta, Christian Life Community – CLC Malta, The Critical Institute, DrachmaLGBT, Drachma Parents Group, Integra Foundation, International Association for Refugees, JRS Malta, Justice and Peace Commission of the Archdiocese of Malta, KOPIN, Malta Emigrants’ Commission, Malta Humanist Association, Malta LBGTIQ Rights Movement (MGRM), Men Against Violence, Migrant Women Association, Moviment Graffitti, Platform of Human Rights Organisations in Malta (PHROM), Richmond Foundation, Solidarity with Migrants, SOS Malta, Spark15, St. Jeanne Antide Foundation (SJAF), Victim Support Malta, We Are, Women’s Rights Foundation.

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.