“Disembarkation, finally!” – Joint NGO reaction to the authorisation to disembark 49 rescued migrants

We welcome Malta’s decision to allow the disembarkation of the 49 migrants rescued by NGO boats, most of whom spent 18 days at sea. Disembarkation will ensure that they are provided with safety, shelter, and care.

We also appreciate the solidarity expressed by other Member States and institutions of the European Union, in agreeing to share the responsibility of hosting the rescued migrants.

Such sharing of responsibilities is essential if the EU is to deal effectively with forced migration in a manner that is fair and respectful of fundamental human rights.

We underline the need to ensure that each and every one of the migrants is granted full access to asylum procedures so they will be able to get the protection that they need.

We sincerely hope that this will not happen again, and that respect for life and human dignity will remain at the heart of Malta’s approach towards refugees and migrants.

This statement is issued by the following organisations:

  1. aditus foundation
  2. African Media Association Malta
  3. agara foundation
  4. Allejanza kontra il-Faqar
  5. Allied Rainbow Communities
  6. Art4Life
  7. Caritas Malta  
  8. Catholic Voices
  9. Christian Life Community (CLC) Malta
  10. Creative Arts Therapies Society (CATS)
  11. Dar Merħba Bik
  12. Dar tal-Providenza
  13. Department for Inclusion and Access to Learning, University of Malta
  14. Department of Gender Studies, University of Malta
  15. Department of Social Policy and Social Work, University of Malta
  16. Department of Youth and Community Studies, University of Malta
  17. Drachma LGBT
  18. Drachma Parents
  19. Fondazzjoni Ejjew Għandi
  20. Foundation for Shelter and Support of Migrants (FSM)
  21. Integra Foundation
  22. International Association for Refugees
  23. Isles of the Left
  24. Jesuit Refugee Service Malta
  25. Kopin
  26. Kummissjoni Ġustizzja u Paċi
  27. Kunsill Studenti Universitarji
  28. LGBTI+ Gozo
  29. Malta Association for the Counselling Profession
  30. Malta Catholic Youth Network
  31. Malta Chamber of Psychologists
  32. Malta Emigrants’ Commission
  33. Malta LGBTIQ Rights Movement 
  34. Maltese Association of Psychiatry
  35. Maltese Association of Social Workers (MASW)
  36. Men Against Violence
  37. Migrants Women’s Association Malta (MWAM)
  38. Moviment Graffiti
  39. National Foster Care Association
  40. OASI Foundation
  41. Office of the Dean of the Faculty of Social Wellbeing, University of Malta
  42. Paulo Freire Institute
  43. Peace and Good Foundation
  44. People for Change Foundation
  45. Platform of Human Rights Organisations in Malta
  46. PRISMS
  47. Richmond Foundation
  48. Salesians of Don Bosco
  49. Segretarjat Assistenza Soċjali tal-Azzjoni Kattolika Malta
  50. Society of Jesus in Malta
  51. Solidarity with Migrants Group
  52. SOS Malta
  53. Spark 15
  54. St Jeanne Antide Foundation
  55. St Vincent de Paule Society
  56. Studenti Ħarsien Soċjali (SHS)
  57. The Critical Institute
  58. Troupe 18:45
  59. University of Malta Chaplaincy
  60. Victim Support Malta
  61. Women’s Rights Foundation
  62. Youth Alive Foundation

PEOPLE ARE MORE IMPORTANT – Joint NGO Statement

We are appalled beyond words that, after 18 days of negotiations, 49 men, women and children remain stuck on a boat within sight of the Maltese shore.

In spite of countless calls for solidarity, European Member States have not managed to find a diplomatic solution to the current impasse.

This is nothing short of tragic and shameful.  It can only mean that we have completely lost our humanity – as a people and a union of states that supposedly upholds the values of solidarity, respect for human rights and human dignity.

We acknowledge the complex issues this situation raises, and agree that it is a European challenge requiring a European solution. However, this cannot be an excuse to abdicate our own responsibility, as individuals and as a nation, to save lives at any cost.

The duty to save lives is not only a legal but also a moral imperative which can never be subjected to political conditions, such as the availability of concrete offers of relocation or the fear of creating a precedent.

At this point, the question we must answer is simple: what is more important, scoring political points, or saving lives?

For us, the undersigned organisations, there can be only one answer: people are more important.

Today we are here to take a stand for life and dignity. We call on Malta to prioritize life and open its doors today.


Statement endorsed by the following NGOs:

  1. aditus foundation
  2. African Media Association Malta
  3. agara foundation
  4. Allejanza kontra il-Faqar
  5. Allied Rainbow Communities
  6. Art4Life
  7. Caritas Malta  
  8. Catholic Voices
  9. Christian Life Community (CLC) Malta
  10. Creative Arts Therapies Society (CATS)
  11. Dar Merħba Bik
  12. Dar tal-Providenza
  13. Department for Inclusion and Access to Learning, University of Malta
  14. Department of Gender Studies, University of Malta
  15. Department of Social Policy and Social Work, University of Malta
  16. Department of Youth and Community Studies, University of Malta
  17. Drachma LGBT
  18. Drachma Parents
  19. Fondazzjoni Ejjew Għandi
  20. Foundation for Shelter and Support of Migrants (FSM)
  21. Integra Foundation
  22. International Association for Refugees
  23. Isles of the Left
  24. Jesuit Refugee Service Malta
  25. Kopin
  26. Kummissjoni Gustizzja u Paci
  27. Kunsill Studenti Universitarji
  28. LGBTI+ Gozo
  29. Malta Association for the Counselling Profession
  30. Malta Catholic Youth Network
  31. Malta Chamber of Psychologists
  32. Malta Emigrants’ Commission
  33. Malta LGBTIQ Rights Movement 
  34. Maltese Association of Psychiatry
  35. Maltese Association of Social Workers (MASW)
  36. Men Against Violence
  37. Migrants Women’s Association Malta (MWAM)
  38. Moviment Graffiti
  39. National Foster Care Association
  40. OASI Foundation
  41. Office of the Dean of the Faculty of Social Wellbeing, University of Malta
  42. Paulo Freire Institute
  43. Peace and Good Foundation
  44. People for Change Foundation
  45. Platform of Human Rights Organisations in Malta
  46. PRISMS
  47. Richmond Foundation
  48. Salesians of Don Bosco
  49. Segretarjat Assistenza Soċjali tal-Azzjoni Kattolika Malta
  50. Society of Jesus in Malta
  51. Solidarity with Migrants Group
  52. SOS Malta
  53. Spark 15
  54. St Jeanne Antide Foundation
  55. St Vincent de Paule Society
  56. Studenti Ħarsien Socjali (SHS)
  57. The Critical Institute
  58. Troupe 18:45
  59. University of Malta Chaplaincy
  60. Victim Support Malta
  61. Women’s Rights Foundation
  62. Youth Alive Foundation


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.

 


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.