Report on the Obstacles in accessing Proper and Correction Documentation

Employability

The right to access employment, social services, education and other services essential to a dignified life are inextricably linked to the possession of personal documents, such as an identity document or a residence document. These identification documents usually display a person’s name and surname, country of birth, nationality, date of birth, country of residence and also address.

An identity or residence document contains a person’s information which also includes the person’s legal status in the issuing country. In this context, the legal status would refer to the law or regulation on which their right to reside in a particular country is based.

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Employability

The right to access employment, social services, education and other services essential to a dignified life are inextricably linked to the possession of personal documents, such as an identity document or a residence document. These identification documents usually display a person’s name and surname, country of birth, nationality, date of birth, country of residence and also address.

An identity or residence document contains a person’s information which also includes the person’s legal status in the issuing country. In this context, the legal status would refer to the law or regulation on which their right to reside in a particular country is based.

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Stability not Uncertainty: Migrant community demands fair rights

On Monday 4 October 2021, the migrant community of Malta met in Valletta to protest against the discriminatory and inhumane treatment at the hand of authorities and public bodies, such as Identity Malta. The protest, which was carried out peacefully and in compliance with Covid regulations, began in front of the Parliament of Malta and reached the Ministry Home Affairs, National Security and Law Enforcement. It carried the slogan: ‘Stability not Uncertainty’.

This protest had the main purpose of highlighting the seriousness of the situation that migrants are experiencing on the island. The problem of people moving from one nation to another is part of a global history and it must always be remembered that people migrate by risking their lives to escape poverty or to escape conflict and not always for fun or pleasure. 

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Paperless and Invisible: the importance of having residence papers

Documentation & Rights

For most people, it is hard to understand the importance of having a residence card and the repercussions on daily life not having one can have. A residence card or permit contains vital information that is relied upon by authorities, healthcare providers and private persons, such as employers. It can also determine what rights that person is entitled to depending on the basis of his or her residence in Malta. These rights include the right to enter the labour market under certain conditions depending, again, on the type of residence card or permit to stay that a person holds.

Therefore, although it sounds obvious, the implications of either not holding a residence card or holding a residence card based on the incorrect law has far reaching effects for the individual. Without holding a residence card or permit an individual remains at the fringes of society, invisible and vulnerable to abuse and exploitation.

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Blogpost: Prosecution and imprisonment of refugees entering Malta using false documents

As a Malta-based NGO aditus monitors, acts and reports on access to human rights in Malta. We provide information and assistance to persons seeking to secure enjoyment of their fundamental human rights, or attempting to obtain an effective remedy against violations. It is within this spirit, that we have and will continue to engage with stakeholders to ensure adherence to Malta’s international, regional and national obligations.

In recent news we have been seeing an increasing number of migrants who have been imprisoned for months after being found guilty or pleading guilty to entering or being present in Malta with false documentation. In the asylum field there is an understanding that refugees will frequently be unable to legally leave their countries, travel and enter a safe country and this blogpost attempts to expand on the legal and policy observations surrounding these issues.

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