Migrant children being held in detention – Commissioner for Children

Commissioner for Children Helen D'Amato has expressed concern over irregular migrant children who are granted the right to seek asylum in Malta but which were kept at detention centres.

Although Malta has a policy of non-detention of migrant children or migrant families with children, the reality is that children are kept in detention pending the outcome or completion of administrative procedures and medical clearances, which can take several days.

In a letter sent to Health Minister Godfrey Farrugia, D'Amato said at present there were four families in detention with the children's age varying between 3 months and 7 years as well as a number of unaccompanied minors.   

"While Detention Services are doing their best in the circumstances, detention is intrinsically harmful to children and so the Office requested that the required health checks are speeded up in the best interest of children," the Office for the Commissioner said.

The families with children and the unaccompanied minors cannot be released until health clearance is obtained.

Another issue of concern is that regarding the statelessness of migrant children who are born at sea due to the fact that the sea vessel on which they are born is unregistered.  Together with the Office of the Ombudsman, the Commissioner's Office had already made representations to the Ministry for Justice for an amendment to the law that would allow such children to be registered at the first port of call.

During the latest arrivals, at least one baby was born at sea.

"In the absence of such a registration, the risk of trafficking of children is increased. The Office recently made this same proposal to the Commission for Justice Reform as well as to the Parliamentary Secretary for Justice," it said, adding the proposal was also made to political parties through the Manifesto for Children 2013.

D'Amato insisted that throughout the public debate, the problem of irregular migration was not to be identified with the people who migrate irregularly, a mindset that invariably fuels resentment against migrants, but with the phenomenon of irregular migration and its root causes. "Irregular migrants, including children, should not be seen as problems but should be seen primarily as human beings and holders of rights that Malta is duty-bound to uphold and promote," D'Amato urged.

"The phenomenon of irregular migration is undoubtedly a challenge given its scale relative to the size of our country. However, any solutions that are adopted in respect of this phenomenon can never run afoul of the fundamental and inalienable rights of the children who are the hapless victims of this phenomenon and its complex social and political causes."  

In a separate letter to Home Affairs Minister Manuel Mallia, D'Amato said the adoption of a pushback policy was in violation of the United Nations Convention of Children's Rights - to which Malta is a signatory - which guarantees the right of "a child seeking refugee status....to receive appropriate protection and humanitarian assistance...".

The pushback policy is also in breach of Malta's non-refoulement obligations deriving from international human rights, humanitarian and refugee law.