We are deeply concerned at Malta’s statement urging the Council of Europe to explore how
to restrict the fundamental human rights of migrants. Packaged as national security measures,
the proposals will result in a dramatic lowering of human rights standards in over forty States
across Europe. We find it unacceptable that Malta aligns itself with political movements
seeking to expose people to acts that Courts have repeatedly found to be illegal and in
contravention of basic human rights standards.
On Human Rights Day (10 December), Malta joined 26 States to propose a radical revision of
how Europe defines and handles the human rights of migrants. The Statement proposed
a number of measures the States think are necessary for them to “guarantee our
populations’ human rights”, reinforcing the dangerous idea that human rights are the
privilege of European nationals, whilst non-nationals are expected to rely on our pity or
generosity to be recognised as human.
The proposed measures would permit States to do what is today considered illegal, immoral
and an affront to human dignity. They would allow States to deport people where their
removal would result in their torture or where it would break up families. This is not
migration management. It is a weak response to a growing far-right sentiment, one that
panders to hatred, division and discrimination rather than tackling it with sensitivity and political
responsibility.
As a signatory to this horrific Statement, Malta is reminded that all persons are entitled to
seek protection in other countries. Malta is further reminded that the 1951 Refugee
Convention acknowledges that this right to seek asylum often requires people to undertake
dangerous and unconventional routes.
We underline that Article 1 of the European Convention Malta is seeking to redefine is crystal
clear: the human rights protections it offers apply to everyone within Malta’s jurisdiction.
‘Everyone’ is not determined by passport, skin colour, social, or other status.
We note that this Statement was published on Human Rights Day, the very same day Malta’s
Human Rights Directorate celebrated its anniversary and achievements. It is indeed ironic that
many of the human rights victories listed by the Parliamentary Secretary for Equality and
Reforms are actually based on the values and standards enshrined in the very same
document Malta wishes to downsize. We therefore strongly object to Malta’s participation in this Joint Statement and call on the Maltese Government to withdraw its signature and all support for the statement’s proposals.
We invite Malta to celebrate Human Rights Day and its achievements with the spirit they
deserve, one based on genuine respect for the human dignity of all persons. We hope that these dark days will give Malta the opportunity to shine as a human rights leader, a role we
will certainly support and promote.
Statement by: aditus foundation, African Media Association Malta, Malta Refugee Council, Men Against Violence, Blue Door Education, Women’s Rights Foundation, The Daphne Caruana Galizia Foundation, Migrant Women Association Malta, PEN Malta, Spark 15, OASI Foundation, Anti-Poverty Forum – Malta, Drachma LGBTI+, Drachma Parents, RAAH, Prof. Colin Calleja – Dean Faculty of Education, Repubblika, Moviment Graffitti, Caritas Malta, Fondazzjoni St Jeanne Antide, MGRM – Malta LGBTIQ Rights Movement, SAR Malta Network, Malta Migration Archive, Association for Justice, Equality and Peace, Jesuit Refugee Service Malta