A/HRC/12/7
Page 14
68.
Noting the recommendation by the CRC regarding the training programmes on CRC-ACOP for armed forces staff and all relevant groups working with and for children, Germany
requested information on measures taken. Germany recommended (a) entirely prohibiting
corporal punishment by law even in cases of so-called “reasonable chastisement” within the
family; and (b) that Malta introduce an explicit prohibition by law of the recruitment of children
under the age of 15 into armed forces or armed groups.
69.
Canada expressed particular interest in the challenges Malta faces in hosting growing
numbers of irregular economic migrants and asylum seekers. Congratulating its efforts to
upgrade capacity to handle the growing influx, Canada expressed concern about continuing
reports from a variety of sources of overcrowding and inadequate infrastructure to accommodate
these arrivals. Canada recommended that the Government (a) continue to take steps to ensure the
well-being and protection of immigrants and their rights. Canada also expressed concern over
reports of growing anti-immigrant sentiments among the Maltese population, citing the Maltese
Prime Minister’s concerns in this regard. It recommended (b) implementing measures to foster a
climate of greater tolerance and acceptance towards immigrants, many of whom face persecution
and/or civil strife in their home countries and are therefore unable to return.
70.
While recognizing the burden of continuing waves of migrants, the Czech Republic (a)
recommended that Malta review its legislation and practice with a view to ensuring effective
access to asylum procedure, upholding the principle of non-refoulement, and ensure protection
of all human rights of asylum seekers upon entry and also during the procedure, including by
minimizing their detention, ensuring access to legal counsel and providing in particular all
persons in detention with all procedural safeguards in compliance with international standards.
While highlighting the positive impact of cooperation with treaty bodies, the Czech Republic
recommended (b) submitting as a matter of priority its delayed reports to treaty bodies. It also
recommended that (c) resources available to its national preventive mechanism be increased so
as to be able to carry out its functions effectively according to the CAT-OP. While welcoming
the recent strengthening of the provisions of the Criminal Code relating to racism and
xenophobia, it recommended (d) strengthening the National Commission for the Promotion of
Equality; (e )adopting further measures to fight discrimination and promote, including through
awareness raising campaigns, the realization of human rights by all persons belonging to
minorities, including foreigners, refugees, persons with disabilities and persons of minority,
sexual orientation or gender identity.
71.
Spain congratulated Malta’s establishment of a number of institutions relating to human
rights. Despite these efforts, Malta still does not have a national human rights institution
accredited to the International Coordination Committee of National Institutions for the
Promotion and Protection of Human Rights. Spain recommended (a) establishing a national
human rights institution in accordance with the Paris Principles. Conscious of the enormous
efforts made by Malta in the face of an unprecedented flow of illegal immigrants and asylum
seekers, Spain asked Malta to explain existing procedures for a judicial revision by a efficient
and independent body when an asylum application is denied and if Malta could explain if the
right to non-refoulment is limited by considerations of national security or public order or in the
event of certain crimes having been committed.
72.
Nicaragua noted the lack of an institutional and legal framework, which indirectly affects
all immigrants. Noting that irregular migrants and asylum seekers, people requiring humanitarian
protection and refugees remain vulnerable to racial discrimination in access to services and
exploitation on the job market, Nicaragua expressed concern about the use of administrative
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