A/HRC/12/7
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detention for prolonged periods. Nicaragua noted the lack of safeguards in the detention of
asylum seekers, affecting the most vulnerable people, including people who had been victims of
torture in their own countries. Nicaragua recommended that Malta (a) adopt all the necessary
measures in order to ensure that national norms and legislation are not in contravention of its
international human rights obligations; (b) avoid arbitrary and discretionary detention
particularly of foreigners, and that the detention period particularly of asylum seekers be
adequately reduced; (c) consider alternatives to detention of asylum seekers; and (d) that all
necessary measures be taken to guarantee dignified conditions of detention, corresponding to the
level of development of the country.
73.
Belgium joined various treaty bodies’ concerns on the lack of education relating to
sexuality and reproduction and asked about specific measures to strengthen such programmes. It
asked about measures to improve adolescent access to advisory services, also outside of the
school environment. It recommended (a) putting in place an adequate health education
programme and ensuring effective access to health advisory services, notably for matters related
to sexuality, sexual and reproductive rights. Regarding the rights of homosexual, bisexual and
transgender persons, it noted that legal protection in employment exists. But according to some
non-governmental organizations, homosexual, bisexual and transgender persons remain
discriminated against in employment, provision of goods and health services and education.
Belgium asked how the National Commission for the Promotion of Equality fights
discrimination based on sexual orientation and if equal attention is paid to all forms of
discrimination, whatever the grounds. Belgium recommended that Malta (b) do its outmost to
combat all forms of discrimination, including discrimination based on sexual orientation.
74.
While noting Malta had made significant advances in human rights protection,
Bangladesh shared treaty bodies’ concerns, especially regarding migrants and asylum seekers.
Welcoming attempts to address them, Bangladesh noted that critical issues remained
inadequately addressed. Concerned about reports of violence and inhumane treatment against
irregular migrants in certain detention centres, it hoped that Malta would bring necessary reform
to ensure that the human rights of irregular migrants and asylum seekers are not violated.
Bangladesh recommended that Malta (a) broaden the scope and application of legal and
institutional reforms to address all forms of discriminatory treatment against irregular migrants
and asylum seekers with special focus on protecting the rights of the vulnerable groups; (b)
continue to work towards ensuring greater representation of women in high-level policy and
decision making institutions, especially in the national legislature and local government bodies;
(c) consider establishing an independent and full-fledged human rights commission in
accordance with the Paris Principles; and (d) continue to protect family as the natural and
fundamental unit of society based on the stable relationship between a man and a woman.
75.
The delegation of Malta thanked States for their interventions and made further
comments on questions asked. It clarified that since 2002, Malta has built up its legislative and
administrative capacity to deal with claims for asylum and has since emerged as the State with
one of the highest rates of acceptance. Malta has been advocating more opportunities for legal
migration. In no instances are persons refused asylum because there is no capacity.
76.
The delegation also stressed that trafficking is an offence in Malta. The law criminalizes
forced inducement, mainly using means of violence, threats or deceit to coerce prostitution. It
also criminalizes international trafficking, child labour and sexual exploitation. Security
personnel and social workers dealing with issues relating to trafficking of women and children
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