Human Rights Commissioner calls on Malta to move away from ‘reactive’ migration policy

The Council of Europe’s commissioner for human rights Thomas Hammarberg has called on the Maltese government to move from a from a “reactive, emergency-type” migration policy towards one that safeguards human rights and provides long-term solutions for people unable to return home.

Hammarberg stressed on the need for an overhaul of the system which currently makes financial support for migrants dependent on residence in the open centres. In order to receive a monthly allowance of some €130, which is reduced to €80 for those returned to Malta from other EU countries under Dublin II, migrants must reside in one of the open centres. If they leave the centre, for instance because they have found a job and try to live in the community, the allowance is discontinued.

“Migrants need a safety net on which they can rely on in the likely case they become unemployed,” the commissioner said, referring to seasonal and precarious employment that migrants often resort to, especially since those granted subsidiary protection are not eligible for unemployment benefits. “The requirements for open centre residents to register there three times a week reduces even further the possibilities of finding employment since most job opportunities are located away from the open centres.”

In its reply to the report, the justice and home affairs ministry said it disagreed with the report’s view that Malta’s stance to migration is reactive. “There is a need for further investment in integration programmes, but the country’s limitations cannot be changed... the proposal to detach financial assistance from residence at the open centres risks and can undermine efforts at integration. Malta is already dedicating a substantial proportion of GDP to the upkeep of its system of international protection.”

Hammarberg has also asked the government to reconsider its mandatory detention of migrants and asylum seekers and bring it line with the requirements of the European Convention of Human Rights as interpreted by the Court, referring to the Louled Massoud case.

“Detention of immigrants is lawful only if... arrest or detention prevents an unauthorised entry into the country or with a view to deportation or extradition. Any detention of migrants, including asylum seekers must be in accordance with a procedure prescribed by law and can be ordered only if, after a review of all alternatives to deprivation of liberty, it is concluded that in the specific case there is no effective alternative.”

The Massoud case found that the applicant did not have an effective and speedy remedy to challenge the lawfulness of his detention. But the ministry still disagrees with the European Court’s ruling. “This judgement cannot be extrapolated to other cases where the authorities continue with their efforts to remove the person during the 18-month detention period. The government does not subscribe to the conclusions this report draws from this judgement.”

Malta will be meeting the Council of Europe’s department of the execution of judgements to discuss the implementation of the Court’s order in the Massoud case. “The government is uneasy at the way the Commissioner addressed this issue and would have preferred a more prudent and cautious approach.”

Hammarberg also expressed serious concern at manifestations of racism and xenophobia in Malta and has called on the authorities to “intensify efforts to stem” the development of racism.

He made special reference to political leaders to contribute to the public debate on immigration “in a manner that clarifies the importance of human rights and human dignity” and that the media does not contribute to create “an atmosphere of hostility, intolerance and rejections towards migrants.”

In a report on his visit to Malta back in March, Hammarberg said sub-Saharan Africans in Malta had reported the highest rates of perceived discrimination, with 66% of those interviewed in the EU minorities and discrimination survey (MIDIS) declaring to have experienced discrimination in the 12 months preceding the survey.

“Migrants are discriminated against when seeking employment... access to private housing proves particularly difficult due to poor economic conditions and discrimination. Racial discrimination in access to services is widely reported, with continuing reports of buses not stopping to pick up migrants or not allowing them to board. Discriminatory refusal of entry to places of entertainment such as bars and clubs is also reported to be a common occurrence,” Hammarberg wrote in his report.