US issues scathing criticism of Malta’s anti-trafficking record

The report, a global survey of country practices in dealing with human trafficking, says that despite “significant efforts”, Malta “ did not demonstrate progress in convicting and punishing trafficking offenders, or in identifying and ensuring the protection of trafficking victims during the reporting period.”

Malta has now been downgraded to the Tier 2 Watch List: a grading which includes countries whose governments do not fully comply with the Trafficking Victims Protection Act’s (TVPA) minimum standards, but are making significant efforts to bring themselves into compliance.

The report noted that Malta was a destination country for men subjected to forced labour, with “dozens of children and 4,304 total irregular migrants” from Africa vulnerable to human trafficking in Malta’s “grey” informal labour market.

It said the number of migrants and trafficking victims smuggled to Malta and Italy decreased in 2009 because of the Libyan and Italian joint naval patrols; “however, migrants complained of poor treatment and the patrols did not make efforts to identify trafficking victims among them.”

The report said the government had demonstrated minimal progress in its efforts to prosecute trafficking in persons offenses and punish trafficking offenders.

The government did not convict and punish any alleged trafficking offenders and several ongoing court cases cited in the 2008 and 2009 reports remained unresolved: the case of a police officer convicted in 2005 who remained out of jail pending an appeal; the Maltese nationals arrested for the trafficking of eight Russian and Ukrainian women; the four people prosecuted for allegedly trafficking a Romanian woman in 2004; and the 2008 case in which three men were arrested for trafficking a Swedish woman.

“The Police Commissioner in January 2010 directed his subordinate staff – who are responsible for criminal prosecution as well as investigation – to expedite and conclude current and future trafficking cases within 90 days from date of arraignment…

“The government did not sponsor any new trafficking-specific training for police, prosecutors or judges… though it did provide such training for border officials.”

The report was also highly critical of the government’s protection of trafficking victims, saying it made “no discernible progress” in this regard.

“The absence of anti-trafficking NGOs in Malta likely contributed to challenges in victim protection as NGOs traditionally provide valuable partnership in identifying and assisting potential victims. Lack of victim identification increased the risk that victims were punished for immigration violations or other unlawful acts as a direct result of being trafficked.”

The report added that the government did not provide trafficking victims with shelter or services during the reporting period, nor were potential foreign labour trafficking victims offered residence permits, social, medical and legal assistance, and other potential safety and protection resources available under Maltese law prior to their return to their country of origin.

Malta did however make some progress in advancing anti-trafficking prevention activities over the last year. The agency for social welfare, Appogg continued to produce detailed brochures to raise awareness about human trafficking. In late 2009, the government and Body Shop forged a partnership whereby proceeds from products sold by the business would assist the government in developing an awareness campaign on child trafficking.

And the Employment and Training Corporation conducted informational sessions within migrant detention centers to inform migrants about their rights and the process by which to attain work permits and proper employment, if they are granted asylum and released.