Squandering a ‘historic’ opportunity

On Wednesday 28 June Malta broke the status quo on its total abortion ban in such a way that not only will the State now continue to have control over women’s bodily autonomy, but to permit it in such strict circumstances that women’s fate is further controlled by three medical professionals. 

The government hailed this as being a ‘historic moment’. Truly, it was so historic that both the Prime Minister and Deputy Prime Minister were not present in parliament at the time the Bill was voted on. Indeed, such a ‘historic moment’ that they themselves did not deem worthy making an appearance.  

At the committee meeting that took place two days prior, a number of concerned organisations and individuals spoke from their heart, voicing their concerns and asking MPs to pause the process. 

The Council of Europe’s Human Rights Commissioner, Dunja Mijatovic, also called upon the government to pause the process because of the regressive concerns that this Bill has now created. The very same committee was asked not once but four times by the chairperson if they wanted to put forward any amendments following the intervention of concerned speakers and yet the silence was deafening. 

Just until a few weeks ago, the Prime Minister publicly spoke about his deep concern of how a young vulnerable mother has been prosecuted for abortion, something to which he and his party have claimed would not happen. In the months prior, in an interview given to MaltaToday, the Prime Minister also acknowledged that women are accessing abortion care on a daily basis. During the Second Reading of the now infamous Bill 28, he was also strong in his words of how this change was needed. I know, I was there, present outside parliament, supporting the original tabled Bill.  

Fast forward to last Friday’s press conference, Deputy Prime Minister Chris Fearne, a renowned medical surgeon, and Justice Minister Jonathan Attard, a lawyer, put forward the amended version of the Bill claiming that with these amendments women need not be at the brink of death for an abortion to take place. And, at this point I question their naïvity to utter such a bold statement. 

We now have a codification of what was a medical practice. No doctor will ever take upon themselves the responsibility of having a verbal or telephonic consultation without first seeing the patient and having a thorough and detailed examination of the medical file. That will create delays and that is going to put women at great risk, including potential loss of life.  

As a human rights defender and women’s rights activist, I cannot but state how deeply hurt I am to see a socialist party and a ‘so called’ progressive government, once again opting to appease far-right conservative factions in our society; ultra conservatives that to date continue to receive funding from the Ministry for Social Policy and Children’s Rights. 

I further cannot but note how Labour politicians are being gagged and stopped from voicing their own opinions, forced merely to toe the line of those at the helm. A number of pro-choice politicians have quietly reached out saying that they are angry at the manner in which this Bill was passed and at the lack of consultation within their own party. 

The lack of consultation and dialogue is also felt in other areas tackling civil and human rights. In the area of migration, the lack of dialogue and access of civil society to migrant centres continues to be more and more restricted. In the area of environment, civil society and concerned citizens have spoken out about the lack of transparency and manner in which certain decisions are being taken. And yet, here too, true and open dialogue is being shut down. In the area of violence against women, not only has civil society spoken out about their concerns regarding institutional and societal barriers that women face, but we have also had a damning report as a result of a ministerial inquiry following Bernice Cilia’s femicide. Yet very little is being done and definitely no dialogue is taking place with civil society as to how we can make this country safer for women. 

I cannot but question where today’s Labour Party and government stand. From a party that should have social justice close to its heart, we are clearly seeing trends in a party that is harbouring far right ideology whilst paying lip service to progressiveness. Lest we forget that this same party has put forward two important Bills that are much needed in a democratic society - the Human Rights Bill and the Equality Bill. Both have unfortunately been withdrawn by the government from the table and all discussion stopped because of backlash from the church and ultra conservatives.  

As all human rights defenders and anyone from civil society can tell you, seeing injustice not only makes you uncomfortable under the collar but is also a drive to strive towards remedying that injustice.  But there is only so much that civil society can do. On the other hand, people in positions of power that feel uncomfortable about the current state of affairs, can do much more. This is why it hurts to see such a great opportunity to reform Malta’s archaic abortion ban has been squandered.  

If, as you say, you are uncomfortable with the situation and if you want to really prevent it from repeating itself, then bite the bullet and stand by your words. Following the line of least resistance does not make history, nor create ‘historic moments’. Challenging the status quo, breaking the barriers for those less privileged than yourself and doing what is right regardless of how difficult it may be, even if it comes at a political cost, is how history is made. 

In history, the leaders are judged not by their words, but by their actions. So, act. It’s the least you all can do.