Migrants quarantined on a ship: our views

The Malta Independent carried an interview on the idea of renting a quarantine ship for rescued migrants. The idea is not new: Italy has also resorted to this measure.

Read the full interview here.

“Yet we find it somewhat absurd that we have normalised the idea of forcing people to live on a ship for a number of weeks.

Let’s remember that quarantine is a form of detention and there are clear rules on how a State can detain people, even in the case of disease prevention,” he explained.

Indefinite detention is definitely not allowed, as is detention in a place where living conditions are undignified and abysmal.”

Neil Falzon, aditus foundation Director

Legal Update on the Captain Morgan Incident

This week aditus foundation, Jesuit Refugee Service Malta and Integra foundation filed three complaints in three different fora with respect to the situation of around 167 migrants currently being held aboard the private vessels Europa II and the Atlantis, just outside Malta’s territorial waters. The Maltese government chartered a number of private pleasure craft vessels to accommodate migrants rescued in Malta’s SAR zone in the period between the 28th and 29th April 2020 and 6th May 2020. The migrants were transferred from private and AFM vessels involved in the rescue to the chartered vessels and have remained there since the beginning of May.

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Migrants should not be sacrificed for the nation’s well-being

Joint NGO Press Release on Malta’s decision to close its ports and on the on-going detention of hundreds of migrants

We are shocked at Malta’s announcement that our ports are closed to persons rescued at sea. This will result in either people stranded out at sea for days, possibly weeks, or in their return to Libya, where they will probably face atrocious human rights violations. It is unacceptable for Malta to exploit the COVID-19 pandemic to shelve its human rights obligations and endanger the lives of men, women and children.   

We fully appreciate the enormous challenges Malta is currently facing in securing public health. We also understand that, in order to protect the nation from this serious threat, Malta must adopt general measures that would otherwise be deemed unlawful due to their limitation of our fundamental human rights. Under these circumstances, it is also our collective duty to comply with these measures and cooperate with the authorities despite limitations imposed on, for example our rights to privacy and free movement.

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Malta’s review under the UN Convention on the Rights of the Child – (2) Concluding Observations

This second article summarizes the Concluding Observations on Malta issued by the UN Committee on the Rights of the Child and follows our first article that focused on shadow reports submitted by civil society organizations and other stakeholders.

All the review documents (State Report, List of Issues, Civil Society Input, List of Delegation, Concluding Observations) may be found on the OHCHR site, under Malta.

What are Concluding Observations?

Malta is required to submit regular state reports to the Committee on the Rights of the Child (CRC) on how rights provided by the Convention on the Rights of the Child are implemented. Following an analysis of these reports and of the shadow reports presented by interested entities, the CRC adopted Concluding Observations on Malta wherein it presented its concerns and recommendations.

Concluding Observations should be widely publicised in the State party as they serve as a basis for national debates on the improvement in the enjoyment by children of their fundamental human rights. Malta is also expected to follow up the recommendations provided in the Concluding Observations, as these will be looked at in the Committee’s next review.

What did the Committee on the Rights of the Child say about Malta?

Several topics were addressed by the Committee, including the allocation of resources, cooperation with civil society, children’s rights and the business sector, civil rights and freedoms, family environment and alternative care, disability, basic health and welfare, violence, non-discrimination, leisure and cultural activities, special protection measures and administration of juvenile justice. The Committee based its Concluding Observations on national and shadow reports, as summed up in our first article focusing on reports submitted by civil society organizations and other stakeholders.

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

On 12 October aditus foundation, Kunsill Nazzjonali ŻgħażagħThe 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.