A/HRC/12/50
317. Malta would also retain its reservations to articles 11 and 16 of the Convention on
the Elimination of All Forms of Discrimination against Women. The delegation reiterated
Malta’s position that the right to life was an inherent right of every human being, including
the unborn child from its conception. It would thus retain existing national legislation on
abortion. On the question of legislating to recognize the relationship between two partners
irrespective of their sex, Malta believed that this was a matter of national competence.
318. Regarding the issue of irregular migration, it noted a number of recommendations on
Malta’s policies and practices in this area. It expressed appreciation for the recognition by
many delegations of the challenges arising for Malta from an unmanageable influx of
illegal immigrants. The Government of Malta explained in the addendum that it was
committed to resolving any issues that arose in this matter with full respect for the rights
and dignity of the individuals concerned. It reiterated its commitment to respecting all its
international obligations in this regard.
2.
Views expressed by Member and observer States of the Council on the review
outcome
319. Algeria welcomed Malta’s candour and transparency during its review. It noted that,
in recent years, Malta had experienced a major influx of illegal immigrants and welcomed
its policy in that respect, particularly in guaranteeing the equitable, just and humane
treatment of migrants and the protection of their human rights. It expressed its wish to see
Malta considering, in the long-term, the possibility of acceding to the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families. It noted Malta’s decision not to establish a separate national human rights
institution, given that there were several human rights institutions responsible for specific
areas, such as children, equal opportunities and disabled persons. Algeria was encouraged
by the measures and efforts already under way to promote the rights of vulnerable groups,
especially children and women, and by the increased participation of women in the labour
market.
320. The United States of America recognized the many challenges Malta faced in
dealing with a large number of seaborne irregular migrants, given its small size and large
area of responsibility. It welcomed Malta’s commitment to its international obligations with
respect to refugees and persons who qualify for humanitarian protection. It commended the
decision to establish a detention service with suitably trained civilians as managers to help
address the humanitarian needs of irregular migrants and work with non-governmental
organizations to facilitate the provision of legal services. It welcomed Malta’s cooperation
with the Special Rapporteur on the human rights of migrants. Recognizing that irregular
migrants from African countries arriving en route to Italy and elsewhere may be vulnerable
to trafficking, it urged Malta to increase its efforts to eradicate trafficking in persons,
including in taking steps to protect victims and through the vigorous prosecution of
traffickers.
3.
General comments made by other relevant stakeholders
321. In a joint statement with the Canadian HIV/AIDS Legal Network, Federatie van
Netherlandse Verenigingen tot Integratie van Homoseksualiteit COC Nederland, the
International Lesbian and Gay Association (ILGA-Europe) called for further measures to
fight discrimination on the grounds of sexual orientation and gender identity. It called for a
policy ensuring that same-sex couples enjoy equal rights and obligations as opposite-sex
couples; effective access to health advisory services for lesbian, gay, bisexual and
transgender people; and legislation allowing the change of legal status of transgender
persons following Maltese court decisions and the European Convention. Citing the
Government’s indication that it would include sexual orientation and gender identity in
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