A/HRC/12/7
Page 6
like Malta, by far the smallest Member State of the European Union, with a total surface area of
316 square kilometres. With a population of around 400,000, Malta has by far the highest
national population density in the European Union and one of the highest worldwide.
23.
Such limitations extend to the potential for adequate accommodation, integration and
employment opportunities, which are invariably limited. Immigration centres hosting irregular
immigrants are at full capacity. The situation is rendered more acute since most such immigrants
possess no travel documents and sometimes lack identification entirely. The fact that Malta does
not have a hinterland makes the situation even more precarious.
24.
Notwithstanding the difficulties, Malta intended to continue honouring its international
obligations with respect to genuine refugees and persons who qualify for humanitarian
protection. Malta remains conscious of the human dimension of migration and of the need to
ensure that individuals enjoy dignity and respect without exception.
25.
In response to advance questions from delegations, Malta addressed migration issues;
concerns relating to gender, children and equality; legal issues and other general issues.
26.
On migration, the delegation cited the decision to establish a detention service where
army and police personnel were replaced with suitably trained civilians as managers, to provide
accommodation, material needs and health services of the irregular immigrants, and liaise with
non-governmental organizations and international organizations willing to provide legal advice,
educational and cultural orientation. Training for staff was structured to balance the requirements
for humane treatment and the security of the personnel. A contingency plan was drawn up to deal
with an exceptional influx of irregular migrants within a short period of time.
27.
Detention of illegal immigrants is essential in Malta’s context, particularly for security
and public order, and is supported by general consensus among political parties. Illegal
immigrants are subject to administrative detention. The Immigration Act provides for the
reasonableness of the duration of detention to be challenged before an independent and impartial
body. The lawfulness of detention may be challenged before the courts. A Board of Visitors for
Detained Persons monitors the treatment of detained persons and conditions of the centres. All
immigrants are given information booklets, advising them about their rights and relevant
procedures. The duration of detention is limited to a maximum of 18 months for illegal
immigrants and failed asylum seekers, and 12 months for asylum seekers.
28.
Every effort is made to provide adequate conditions in detention, with health care being
provided on the same level as for nationals including the treatment for HIV. Vulnerable
migrants, including women and children, are not detained except for the period to establish their
vulnerability. While unaccompanied minors are placed under a State Care Order, it was
underlined that significant progress had been registered in the time lapse between referral of
vulnerable cases and their release.
29.
The Office of the Refugee Commissioner had also undergone reform to increase
efficiency in the determination of asylum claims. The majority of decisions are given within six
months, so that persons in genuine need of protection are detained for well below 12 months.
Refugees are equivalent to Maltese citizens in terms of the Social Security Act, and are provided
with education and training opportunities.
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