NGO response to the Joint Statement to the Conference of Ministers of Justice of the Council of Europe

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.

Signatories

1. aditus foundation
2. African Media Association Malta
3. Malta Refugee Council
4. Men Against Violence
5. Blue Door Education
6. Women’s Rights Foundation
7. The Daphne Caruana Galizia Foundation
8. Migrant Women Association Malta
9. PEN Malta
10. Spark 15
11. OASI Foundation
12. Anti-Poverty Forum – Malta
13. Drachma LGBTI+
14. Drachma Parents
15. RAAH
16. Prof. Colin Calleja – Dean Faculty of Education
17. Repubblika
18. Moviment Graffitti
19. Caritas Malta
20. Fondazzjoni St Jeanne Antide
21. MGRM – Malta LGBTIQ Rights Movement
22. SAR Malta Network
23. Malta Migration Archive
24. Association for Justice, Equality and Peace
25. Jesuit Refugee Service Malta
26. Dance Beyond Borders