A/HRC/12/50
human rights awareness-raising campaigns, ILGA-Europe asked about the means by which
this would be done, and called for inclusion of civil society in the development, execution
and evaluation of such campaigns. Commending Malta’s policy on sexual health and
education, it recommended that sexual orientation and gender identity be explicitly
included and that civil society be involved.
322. Interfaith International indicated that Malta was a transit crossroads for potential
immigrants to other countries in the European Union. It recalled that Argentina and Sweden
had called upon Malta to bring its legislation concerning the detention of migrants into line
with international standards. Interfaith International stated that Maltese law systematically
placed migrants, most of whom were asylum-seekers, into detention centres for a maximum
period of 18 months in congested and unhygienic conditions. It recommended that
appropriate measures be taken to deal with the distress of these vulnerable people.
323. The International Commission of Jurists welcomed in particular the
recommendations regarding administrative detention of migrants and asylum-seekers and
access to justice and procedural safeguards for detained migrants. While welcoming
Malta’s timely response to the recommendations, it regretted its rejection of
recommendation 40 on the legal consequences of the use of the term “prohibited migrants”,
in particular, administrative detention. The Commission recalled that, while Malta, because
of its geographical position, faced large-scale migration, it must respect its international
obligations in its migration policy, particularly those arising from international human
rights and refugee law. It expressed concern at the automatic resort to administrative
detention of asylum-seekers and migrants and at the excessive length of such detention,
even if entry was in contravention of domestic law. It urged the revision of Maltese
legislation and policy on the detention of migrants and asylum-seekers in accordance with
the principle of proportionality. It recommended that Malta ensure that such detention was
only resorted to where necessary, subject to a clear legal maximum duration and regular
judicial review. It urged for measures alternative to detention to be provided for in primary
legislation, and that procedural safeguards be effectively guaranteed to asylum-seekers and
all other migrants. In particular, it recommended that Malta provide free legal assistance,
where necessary, to those subject to administrative detention or other measures, regardless
of their status as asylum-seekers and in appeal and review proceedings. The Commission
urged Malta to improve conditions in its detention centres in accordance with the
International Convention on Civil and Political Rights and the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment.
4.
Concluding remarks of the State under review
324. The delegation of Malta thanked the speakers for their additional comments and
reiterated the State’s commitment to taking their views under serious consideration and to
continue working to fulfil Malta’s obligations to the greatest extent possible.
325. Citing comments relating to the situation of migrants, the delegation reiterated that
Malta was committed to dealing with the issues, bearing in mind the fullest respect for the
rights and dignity of the individuals concerned. Malta was committed to ensuring the
fulfilment of its international obligations.
New Zealand
326. The review of New Zealand was held on 7 May 2009 in conformity with all the
relevant provisions contained in Council resolution 5/1, and was based on the national
report submitted by New Zealand in accordance with the annex to Council resolution 5/1,
paragraph 15 (a) (A/HRC/WG.6/5/NZL/1); the compilation prepared by OHCHR in
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