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. 


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 – Table of Contents       Author: Carla Camilleri; Research Assistants: Isabelle Sammut, Enya Tanti; 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.

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.



Project Refugee Assistance Malta

From 1 January 2018 through to July 2020, aditus foundation and JRS Malta will be implementing a project geared to assist refugees as they attempt to integrate in Malta: Project Refugee Assistance Malta. The main aim of the project is to ensure that refugees and asylum-seekers are able to live a dignified life in Malta, where their immediate needs are promptly identified and met and where they enjoy access to their rights and opportunities.

Continue Reading

Personal stories of protecting refugees coming soon: Our Island

My time spent working with refugees has taught me many things: the sheer strength of the human spirit, the tragedy of loss and suffering born of human egoism, neglect and violence, the capacity of the nation state to deny the right to rights and the people’s capacity to be complicit…and also to resist.

Maria Pisani

How does one convey what it was like to work in detention, to someone who has never set foot inside a detention centre? How to bring home the devastating impact of detention, so neatly defined as “deprivation of liberty or confinement in a closed place, which [one] …is not allowed to leave at will”, on the lives of men, women and children, which, even after so many years of working with detainees, even I feel I cannot begin to understand?

Katrine Camilleri

These are excerpts taken from Our Island: Personal Accounts of Protecting Refugees in Malta, a book soon to be published by aditus foundation. Our Island gathers the personal experiences of those people who experienced Malta’s encounter with refugees, as it seeks to document important moments and suggest lessons learnt.

Whilst much is said of refugees in Malta, little is documented in terms of the early years of these arrivals and how, throughout the decades, these arrivals shaped various parts of Maltese communities.

Our Island invited directly involved individuals to write about their experiences, thoughts and significant moments. Our aim is to document important years in Malta’s social and community history, by gathering informal and personal accounts from those persons who experienced it first hand.

The book covers important themes such as the government’s reaction and response, the detention regime, the asylum procedure, rescue at sea, community mobilisation and much more!

We want to share these accounts in order to appreciate them, learn from them and assess the impact of refugee arrivals on Malta.

Contributors to Our Island are: Katrine Camilleri (JRS Malta), Maria Pisani (Integra Foundation, former Head of IOM Office in Malta), Mario Friggieri (former Refugee Commissioner), Michael Camilleri (human rights lawyer), Ali Konate (founder of the Migrants’ Network for Equality), Tonio Borg (former Minister for Justice and Home Affairs), Colonel Clinton J. O’Neill (Armed Forces of Malta), Mgr. Alfred Vella (Malta Emigrants’ Commission) and Paolo Artini (UNHCR).

Neil Falzon, our Director, provides an Introduction.

The book will be published soon and made available either directly from our offices or through leading bookstores. Contact us if you want to reserve your copy (against a donation to the organisation).

Our Island is funded through the Creative Communities Fund of Arts Council Malta.