Experts of the Human Rights Committee Commend Malta on Political Quotas for Women, Raise Questions on Measures to Combat Corruption and Obligations Under Maritime Law in Search and Rescue
The Human Rights Committee today concluded its consideration of the third periodic report of Malta on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the introduction of quotas for the political representation of women, while asking about measures taken to combat corruption and whether Malta was complying with its obligations under maritime law in cases of search and rescue.
A Committee Expert said the Committee noted with appreciation the introduction of a 40 per cent quota for political representation of women through a Constitutional amendment and a consequential amendment to the Schedules of the General Election Act.
Another Expert asked for updated information on new measures taken to combat corruption. Could data be provided on criminal proceedings against officials involved in corruption cases? What was the situation concerning the former Prime Minister who was facing criminal charges on an agreement to privatise three State hospitals? Had tangible measures been adopted to provide adequate protection to whistleblowers in reporting acts of corruption?
One Committee Expert said civil society organizations had expressed concern that Malta was not complying with its obligations under maritime law, as it did not coordinate search and rescue operations for vessels in distress within its territory. Malta had rejected these allegations. However there had been multiple examples of such cases, including one in September 2022, where Malta did not respond to distress calls regarding a boat carrying more than 60 people of Lebanese, Syrian and Palestinian origin. Could the delegation provide explanations on this and other cases? Was it true that the State party had commissioned private vessels to rescue boats and disembark the persons in Libya?
The delegation said Malta had been working to maintain the fight against corruption. The creation of a separate prosecution service to deal with corruption was a landmark decision in recent Maltese history. Malta had proactively invested time, efforts and significant funds in this area. The State had sought the expert assistance of the Venice Commission, while maintaining a constant open communication channel with the European Commission. Following the inquiry into the three hospitals, charges were filed against all those identified in the magisterial inquiry. The criminal proceedings were ongoing and were receiving extensive media coverage, ensuring scrutiny by the public.
The delegation said throughout the years, the Maltese Government had remained committed to upholding its obligations relating to search and rescue. Malta had never turned a blind eye to the rescue of persons at sea inside its area of responsibility. On a daily basis, Maltese authorities investigated, assessed, prioritised and acted on distress calls, in full respect for relevant instruments of international law.
Malta had saved thousands of lives in the past 20 years and hosted one of largest communities of refugees and beneficiaries of international protection as compared to the size of the population. Malta had rescued more than 28,500 migrants in distress in the past two decades, more than five per cent of its population. The country had developed a robust framework for processing asylum claims in a timely and efficient manner. Malta continued to call for the right balance between solidarity and sharing of responsibility among European Union Member States, as well as increased efforts on prevention of irregular migration, including through the identification and dismantling of smuggling networks.
Malta had not engaged in any pushbacks towards Libya, and especially as alleged in the territorial seas. There had been no occurrence of collective expulsion nor pushback in the case of migrants who were within the jurisdiction of Malta. Maltese authorities had no effective control whatsoever, neither de jure nor de facto, over migrants in international waters.
Jonathan Vassallo, Permanent Secretary, Office of the Prime Minister of Malta and Head of the Delegation, introducing the report, said Malta was currently working on the drafting of the second national action plan against racism, focusing on hate speech, hate crime, and specific racial discrimination contexts to address issues faced by minority and vulnerable groups. In 2012, the Constitution of Malta was amended to introduce a gender corrective mechanism for national elections to ensure higher representation of female members of Parliament, increasing women's representation in Parliament from 15 per cent to 28 per cent. The recent amendments in the Criminal Code established femicide as an aggravating offence and excluded the possibility of using a ‘crime of passion’ defence strategy. Malta looked forward to continued engagement and cooperation towards realising a shared vision of a world where every individual could enjoy their inherent rights and freedoms without discrimination.
In concluding remarks, Mr. Vassallo thanked the Committee for their pertinent questions regarding Malta’s application of its human rights obligations. Malta highly valued the Committee’s expertise and insights. All observations would be analysed and taken into consideration in the future.
In her concluding remarks, Tania María Abdo Rocholl, Committee Chairperson, thanked the Maltese delegation for its hardworking attitude. Over the past two days, many issues had been discussed in the context of the application of the International Covenant on Civil and Political Rights in Malta.
The delegation of Malta was made up of representatives of the Office of the Prime Minister; the Ministry for Health and Active Ageing; the Ministry for Home Affairs, Security and Employment; the Ministry for Justice and Reform of the Construction Sector; the Ministry for Inclusion and the Voluntary Sector; and the Permanent Mission of Malta to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-first session is being held from 4 to 28 March 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Thursday, 4 July, to begin its consideration of the third periodic report of Honduras (CCPR/C/HND/3).
Report
The Committee has before it the third periodic report of Malta (CCPR/C/MLT/3).
Presentation of Report
JONATHAN VASSALLO, Permanent Secretary, Office of the Prime Minister of Malta and Head of the Delegation, said since the list of issues published in 2021 and subsequent national report in 2022, Malta had continued to strengthen its implementation of the International Covenant on Civil and Political Rights through several initiatives and legislative enactments. Malta was in its initial stage of reviewing reservations to the Covenant, and where appropriate, withdraw these reservations. The State was in the process of establishing the national human rights institution, in full compliance with the Paris Principles, listed as the national pledge during the Universal Declaration of Human Rights 75 commemoration last December. Two new bills, the Equality Bill and the Equality and Human Rights Commission Bill were in preparation. These bills would establish a new commission, replacing the existing National Commission for the Promotion of Equality for Men and Women.
Malta was currently working on the drafting of the second national action plan against racism, focusing on hate speech, hate crime, and specific racial discrimination contexts to address issues faced by minority and vulnerable groups. The State was also implementing an awareness raising campaign to promote tolerance and respect for diversity. The State had implemented measures to address gender stereotypes and patriarchal attitudes. In 2023, an independent reviewer was engaged to identify legislative provisions that differentiated needlessly between men and women. As of the end of 2023, the National Commission for the Promotion of Equality awarded 136 organizations, employing over 30,900 people, with the Equality Mark. To promote work-life balance, paid parental and carer's leave were introduced in 2022.
Women now occupied 17.5 per cent of board positions in Malta's largest listed companies as of 2023, compared to 4.5 per cent in 2015. Within the public administration, the proportion of women in leadership positions increased to 44 per cent in 2023 from 30 per cent in 2015. In 2012, the Constitution of Malta was amended to introduce a gender corrective mechanism for national elections to ensure higher representation of female members of Parliament, increasing women's representation in Parliament from 15 per cent to 28 per cent. The recent amendments to the Criminal Code established femicide as an aggravating offence and excluded the possibility of using a ‘crime of passion’ defence strategy. The State also introduced the Domestic Violence Prevention Act, enabling individuals to be informed on their partners’ history of convictions related to gender-based violence and domestic violence. Over the past two years, Malta had launched pilot studies across State schools which implemented an evidence-based life skills training programme focused on preventing dating violence among adolescents.
Combatting trafficking in persons remained a priority. Malta was in the final stages of launching the first strategy and national action plan on combatting trafficking in human beings in Malta (2024-2030). Anti-trafficking actions were being developed to address root causes, risks, threats, and new methods used by traffickers. Malta remained vigilant in managing migration flows, ensuring a humane and lawful approach. Reception conditions for migrants had been significantly improved through infrastructural upgrades and policy reforms. Both closed and open reception centres now followed care-oriented practices, focusing on specialised staff training, vulnerability assessments, and services offered in the National Health Service. A Quality Control Unit within the International Protection Agency now rigorously assessed asylum claims. In some cases, Malta had granted asylum to lesbian, gay, bisexual, transgender and intersex individuals due to their sexual orientation or gender identity, including asylum seekers originating from designated safe countries.
The murder of Ms. Daphne Caruana Galizia had left an indelible mark on the society, prompting the Government to redouble efforts to protect journalists. New legislation had been introduced, and Malta had collaborated closely with international institutions to ensure effective action. In October 2022, two individuals were found guilty by the Court and sentenced to 40 years imprisonment each. In closing, Mr. Vassallo said Malta look forward to continued engagement and cooperation towards realising a shared vision of a world where every individual could enjoy their inherent rights and freedoms without discrimination.
Questions by Committee Experts
A Committee Expert said it was great to see such a large delegation from Malta, with a number of women among the delegation. This reflected progress on human rights in the country. What specific measures had been taken to disseminate the Covenant among judges and prosecutors? Could examples of recent legal proceedings where the Covenant had been invoked be provided? Had Malta assessed how effective human rights training was for the judiciary and prosecutors? Had plans been developed for a structured approach to assess how new laws were aligned with the Covenant’s principles? How had Malta ensured that the Covenant and its Optional Protocols were widely known by the general public? Had it been translated into both official languages of the country? What specific strategies were ongoing to ensure judges and lawyers were informed on the provisions of the Covenant? How did the State ensure these efforts were effective?
Why had Malta taken time in withdrawing reservations to articles in the Covenant? Were there plans to align the reservations with its current international human rights standards? When would the bill for the creation of the national human rights institution be promulgated as law? How would the new commission coordinate with existing bodies? What measures were being taken to ensure the independence of this new institution, in line with the Paris Principles? What were the anticipated responsibilities of the Human Rights and Equality Commission? How did the State intend to fund and provide sufficient staff to the new institution?
Another Expert asked for updated information on new measures taken to combat corruption. Could data be provided on criminal proceedings against officials involved in corruption cases? What was the situation concerning the former Prime Minister who was facing criminal charges on an agreement to privatise three State hospitals? Had tangible measures been adopted to provide adequate protection to whistleblowers in reporting acts of corruption? Could up to date information be provided on measures to manage the impact of the COVID-19 pandemic? Had Malta taken into account the World Health Organization recommendations in relation to COVID-19 vaccinations for persons deprived of their liberty?
A Committee Expert said the Committee welcomed the draft equality bill of 2019 which brought together all equality laws in the State party into a single anti-discrimination framework. What was the current status of the draft bill and a possible timeline for its adoption? What steps would be taken to raise awareness of the anti-discrimination framework in minority communities? What measures did Malta plan to take to address the persistence of hate speech and hate crimes? Could figures on the number of cases of hate speech and hate crimes brought before the courts be provided?
Reports alleged there had been some cases of cruel and degrading treatment carried out against migrants deprived of their liberty. What steps would be taken to prevent the use of ill treatment and excessive use of force against these people? Did the State party plan to take further steps to put in place guidelines and laws for law enforcement officers to restrict the use of force? What measures would the State party take to put in place accountability mechanisms in all cases of use of force? What further steps would Malta take to improve the living conditions of migrants by providing appropriate detention centres?
A Committee Expert said the Committee noted with appreciation the introduction of a 40 per cent quota for political representation through a Constitutional amendment and an amendment to the General Election Act. What steps had been taken to ensure that gender quotas were effectively implemented? What was being done to increase women’s representation at all levels of Government? What specific barriers prevented women from advancing to management positions? How was the State party enhancing this? What initiatives were being considered to address women’s lower pension rates? It was concerning that patriarchal beliefs continued to limit the potential of women and girls. What measures had the State party implemented to overcome these challenges?
A Committee Expert asked if there was a new strategy planned for gender-based violence? What were the achievements of the previous strategy? Had a body been established to collect data from the police and justice sector? The Committee was informed that domestic violence in Malta ranked the most second frequent crime after theft. What mechanisms had been developed to allow women to report on violence? Could more information be provided on the standard operational procedures for police officers? Were judges and law enforcement officers provided with sensitised training for cases of gender-based violence?
Raising an unwanted child could lead to severe problems in the lives of mothers and families. Malta had revised the criminal provisions of abortion in 2023. How did Malta explain not accepting the termination of a pregnancy that was a result of rape? How did the State party provide care and assistance to these women through their motherhood? What measures were in place to support women or their families who were forced to carry pregnancies to term which resulted in their physical or mental harm? The Expert commended the amendments in the Embryo Protection Act in 2018. Had the normative framework been adapted for women undergoing IVF?
Responses by the Delegation
The delegation said Malta was considering the possibility of removing reservations to the Covenant, particularly article 14 which spoke about the presumption of innocence. An internal process within the ministries ensured that legislation aligned with domestic and international obligations. Progress on legislation regarding the national human rights institution was ongoing, and it was expected the law would be enacted in 2025. The National Human Rights Commission would have a permanent consultative council within it, including a Commissioner for Children, a Commissioner for Gender-Based Violence, and a Commissioner for Persons with Disabilities. There were several issues in drafting the bill to ensure adherence to the Paris Principles. The commission would have the function to promote human rights and equality in the public. It would have a great degree of independence, and the bill would propose that the Parliament ensured adequate resources for it to carry out its functions.
A special committee had been established to train judges and the judiciary. Training had been provided on subjects, including obtaining e-evidence when investigating and prosecuting crime; the crime-terror nexus; human trafficking prosecution techniques; and justice and freedom of expression projects, among others. The State was working to create online training for the judiciary, lawyers and others involved in court processes.
Malta had been working to maintain the fight against corruption. The creation of a separate prosecution service to deal with corruption was a landmark decision in recent Maltese history. Malta had proactively invested time, efforts and significant funds in this area. The State had sought the expert assistance of the Venice Commission, while maintaining a constant open communication channel with the European Commission.
Following the 2020 amendments, judges were appointed by the President with the advice of an independent committee, avoiding politicisation. Malta had increased human capital and capacity in several entities, including in the Permanent Commission against Corruption. Recent high-level corruption cases had put institutions and frameworks to the test. Following the inquiry into the three hospitals, charges were filed against all those identified in the magisterial inquiry. The criminal proceedings were ongoing and were receiving extensive media coverage, ensuring scrutiny by the public. This highlighted that Malta had implemented the suitable mechanisms which would undertake the proper checks and balances on the State.
The Financial Crimes Investigation Department of the Malta Police Force had been significantly strengthened, with a focus on human and financial resources. Officers had diverse and specialised education backgrounds, ensuring a comprehensive approach to combatting financial crimes. The department was now well positioned to achieve its objectives. The Malta Police Force worked closely with partner agencies in their investigations. A special software was being employed to enhance the department’s capabilities, including through the use of cryptocurrency analytical software. By the end of this year, the sanctions investigative unit would be established within the department. Regarding corruption investigations, in 2024 there had been 17 prosecutions, of which three were public officers. The Malta police force had adopted a strategy for the next five years to ensure a safe and secure society. Implementation of the strategy remained the key challenge.
Malta had a national disability strategy which outlined measures and actions for persons with disabilities. Objective (Chapter) 12 covered disaster risk management and reduction for persons with disabilities. During COVID-19 times, a disability taskforce was established to evaluate the impact of the pandemic on the disability sector. The taskforce aimed to give recommendations to the Government on the needs of persons with disabilities and had now been transformed into a permanent standing committee.
During COVID-19, persons with disabilities were offered the opportunities to have online services whenever possible. Televised national instructions dealing with COVID-19 were rendered fully accessible to deaf people and those with hearing loss through Maltese Sign Language interpretation. Persons with disabilities were prioritised during the vaccine rollout, with this still being the case, and access to these vaccinations remained ongoing for anyone wishing to avail themselves on a voluntary basis. In some cases, carers lived with people with disabilities in residential institutions during the pandemic. No COVID-19 related deaths were reported in detention during the pandemic.
Malta had taken temporary special measures as advised by the Committee on the Elimination of Discrimination against Women to address the issue of representation in Parliament. A gender corrective mechanism had increased the number of women in Parliament. The number of women in the Cabinet had now risen to 20 per cent, from eight per cent in 2021. The number of women judges now stood at just over 46 per cent, and the number of female magistrates at 69 per cent. The share of women on boards of the largest listed companies had increased by 13 per cent over the past eight years. However, work still needed to be done in this area.
The gender employment gap in Malta still needed to be addressed further. The Equality Mark was awarded to companies and entities which promoted gender equality at the workplace. The State developed a tool which enabled companies to assess equal pay for work of equal value within their companies. Malta had a pay gap which was slightly lower than the European Union average at 10.2 per cent. A research study had been carried out which looked at the prevalence of gender role perceptions and attitudes among people living in Malta. While progress had been registered, there were still traditional gender roles in society. Many awareness raising campaigns were carried out to address stereotypes. A strategy had been launched in 2022 which outlined targeted measures to achieve full equality.
An inter-ministerial committee was established which brought together various entities to ensure more coordination regarding issues of gender-based violence. The strategy on gender-based violence was modelled on the Istanbul Convention and had a five-year time frame. The strategy focused on addressing child marriages, female genital mutilation, and sexual assault. It also focused on educating parents and raising awareness among educators. The gender-based unit of the Malta police had increased by 25 police officers in 2023 and now had around 60 officers in total. The first victim hub began operating in February this year, and there were plans to expand. The hubs aimed to create a safer area for victims to file reports. Amendments to the Criminal Code had been made in some areas, including amendments introducing the concept of femicide into the Code, as well as “virginity testing”.
Since the inception of the Gender-Based Domestic Violence Unit in 2020 within the Malta Police Force, an increase of cases of domestic violence had been registered. Termination of pregnancy was a matter of national legislation. There was decriminalisation of termination of pregnancy for medical reasons. Malta refuted any claims that migrants were detained en masse in closed detention centres. A detention order was not issued arbitrarily but only following an individual assessment and as a measure of last resort, after having established that other less coercive alternative measures could not be applied effectively. Statistics clearly showed that not all asylum seekers were detained and likewise not all irregular migrants were detained. The detention of asylum seekers was tightly regulated by national law. The Principal Immigration Officer decided on whether to detain or to impose alternatives to detention on irregular migrants who applied for international protection. The regulations provide for recourse to alternatives to detention by the Immigration Police. The automatic review of each detention order and each subsequent review was done by an independent quasi-judicial Board. Free legal aid and interpretations services were also provided. The Maltese authorities had implemented various measures to improve the conditions of detention. All COVID-19 infections in migrants were managed effectively, without complications and without any deaths.
Questions by Committee Experts
A Committee Expert said it would be helpful to hear more on the femicide bill; was it fully enacted now? What were the measures in national legislation to deal with a situation when a woman or a girl was raped and then was forced to carry on with the pregnancy? How did the State support that girl or woman? What were the obligations on the father in this situation, within national legislation?
Another Expert said there seemed to be an acceptance regarding the merits of the Covenant, particularly when it came to expulsion from the territory of the State party. Perhaps now was the right time to withdraw some of the reservations. Would there be an assessment as to the impact of not removing these reservations on the people of Malta? It was not clear what the grounds were for the existence of the reservations.
A Committee Expert asked about protection measures for whistleblowers on acts of corruption. What additional measures had been taken against those involved in the case of the three hospitals?
Another Expert asked how many judges and prosecutors were in Malta?
Responses by the Delegation
The delegation said the police reporting system provided an option to report a crime as being motivated by hate. That report would be referred for further investigation in connection with hate crime. In 2022, there were 38 reported cases of hate crime, 30 cases in 2023, and 19 cases so far in 2024. Amendments to the Criminal Code in 2022 had been to introduce the concept of femicide into the Code. Two persons had been charged in court with femicide. In 2021, the grounds of disability and older persons were added to the lists of protected groups regarding hate speech, using the ground of disability. The largest collective complaint took place in Malta last year regarding hate speech. Disability training had been provided to migrants in a sensitive manner, with translation and cultural mediation. Malta was delivering specific training on hate crime to police, prosecutors and the judiciary. Training would be delivered to media houses to support the Malta code of conduct in the media.
Malta would be undertaking a review of the reservations to the Convention and see whether these were still applicable. The State would engage with the Committee over the coming months.
The Protection of Whistleblowers Act specifically protected whistleblowers. The protection afforded to a whistleblower included legal aid.
The delegation said there were currently 27 judges, 29 magistrates and 29 prosecutors in Malta. Since 2021, there had been verifiable allegations of ill treatment against migrants. The last reported case of alleged ill treatment happened in 2020 and was perpetuated by a private security guard. Today, no private security guards worked with migrants at State detention facilities. Infrastructural investments had led to a more structured health screening for migrants. Following disembarkation, all migrants were screened, taken to an initial reception centre and given information on their rights, including the possibility to request asylum in Malta. This screening was essential to detect and treat communicable diseases which could have fatal outcomes if left untreated.
A framework was in place to ensure that any use of force was justified, necessary and appropriate to the situation. Police officers needed to evaluate if a situation required the use of force and if there were no viable alternatives. The delegation clarified that there had been two cases of femicide rather than three since the law was instated. Prosecutions against high-level persons had begun, including another six which began yesterday morning. An internal reporting mechanism allowed police officers to report respective violations to their reporting officers. Anonymous reporting was facilitated to ensure protection. The Government collaborated with non-governmental organizations protecting female victims of assault, including pregnant mothers.
Questions by Committee Experts
A Committee Expert said given its geographical location, the Maltese search and rescue service played a pivotal role in maritime departures and arrivals. Civil society organizations had expressed concern that Malta was not complying with its obligations under maritime law, as it did not coordinate search and rescue operations for vessels in distress within its territory. Malta had rejected these allegations. However there had been multiple examples of such cases, including one in September 2022, where Malta did not respond to distress calls regarding a boat carrying more than 60 people of Lebanese, Syrian and Palestinian origin. The ship was rescued in Greece after two days, where it was found that a child had died and a mother lost her unborn baby. Could the delegation provide explanations on this and other cases? Could information about the memorandum of understanding be provided? Was it true that the State party had commissioned private vessels to rescue boats and disembark the persons in Libya? Was Libya considered a safe destination of return? On what criteria had this been established? Could information be provided on the young “Hiblu three” asylum seekers, who opposed attempts to be returned to Libya and were then indicted on acts of terrorism?
Had the crime of defamation been decriminalised in Malta? Civil society had complained about strategic lawsuits against public participation, filed by powerful people or corporations against demonstrators, journalists and civil society organizations to exhaust their economic resources. Could the delegation provide details on this? Did the Media Act contain provisions to regulate these situations?
Another Expert said the information provided by the State party on trafficking in persons was commendable. However, the information focused largely on legal and institutional measures, but lacked clarity on the concrete results. Could the State party provide information on the number of trafficking victims identified during the reporting period? How many cases had been lodged in court and how many cases had been initiated? Did the State party provide legal aid and interpretation for trafficking victims? What legal frameworks and guidelines were in place to ensure the right to peaceful assembly was protected? Could information on the independent judiciary process be provided? What support was provided to organisers of peaceful gathering? The Committee had heard about two cases of major protests in Malta. What had been done to investigate any acts which violated the right to peaceful assembly in these instances?
A Committee Expert asked for updated statistical data on different types of alternatives to detention. Concerns remained regarding the detention of unaccompanied minors awaiting age assessments, who were held in centres with adults. What measures had been taken to ensure unaccompanied minors were not detained, and were appointed legal guardians in a timely manner? What was being done to expedite the age assessment process? What was the rationale of limiting free legal aid to the first review only? Would the State party consider expanding the oversight mechanisms for the security service? Would the State party consider revising the Security Services Act to prevent overly broad interpretations? What actions had the State party taken to address concerns about the erosion of civil space and the hostile environment for journalists? Was specific training provided to officers for handling cases of intimidation and attacks against journalists?
Another Committee Expert asked if it was possible to improve access to free legal aid for victims of domestic violence and for minors in conflict with the law? How did Malta ensure that the legal aid system appropriately met the needs of vulnerable groups at all stages of legal proceedings? Were there any plans to extend the availability of free legal counsel so it was available around the clock? What had been the impact of free legal aid programmes and ensuring access to these services? What was being done to address current gaps in the legal aid system?
A Committee Expert said an overall assessment of the normative framework of the asylum procedure was commendable. There was concern regarding the International Protection Appeals Tribunal. How was it ensured that members who were not lawyers could decide on points of law? The issue of granting international protection was an international and human rights issue. What measures were in place to ensure all professionals dealing with the asylum procedure were trained in human rights law? How was the independence of judicial appointments ensured? Was there a code of ethics for members of the judiciary?
Responses by the Delegation
The delegation said the Government could not comment on the issue of delays within the judiciary, as it was an independent branch. Malta had engaged with foreign counterparts to develop a standard operating procedure on monitoring threats to life for people, including journalists. Media relations training was incorporated within the Institute of Maltese Journalists. The joint training programme aimed to improve police and media relations through the upholding of police values, including accountability, openness and respect. Personal protection measures were the same for all persons at risk of physical attacks. However, journalists had an additional mechanism available to report threats. The Maltese police force would then respond to these reports and investigate the threats in a timely and effective manner.
Domestic violence victims were immediately assigned a legal aid lawyer for free advice. Malta was committed to providing free legal aid to all victims of violence. The provision of legal aid, particularly for vulnerable individuals, was a priority. Malta would make necessary legislative changes in 2025 in regard to journalistic sources, establishing a common framework for the media aimed at protecting media independence and pluralism. It would also regulate the use of software.
Police must be informed about the organisation of a public meeting by not later than 48 hours before an event of public assembly. Police provided protection and assistance to ensure security during the peaceful event. With regards to the two events mentioned by the Committee that took place in 2019, one at a detention centre and the other in front of Parliament, in the latter there were no serious incidents reported and no criminal actions taken. With reference to the other “major protest” that was highlighted by one of the Committee Experts, it was clarified that this was a riot and not a peaceful assembly. Following this riot, 107 people had been arrested and appeared in court. Training was provided to all police officers, including on fundamental human rights and hate crime.
Malta had taken significant steps to safeguard freedom of expression and the safety of journalists in recent years, including through the Media and Defamation Act, and through the Protection of the Whistleblower Act. The latter provided for procedures for employees in private and public sectors. The Media and Defamation Act was the primary legislation protecting the independence of journalists and included the abolition of criminal libel, the implementation of mediation, and strengthening media freedom provisions, among other factors. Malta valued the expertise of the Council of Europe for creating a safer environment for journalists, and was committed to ongoing collaboration. The protection of journalists remained a top priority, especially following the tragedy of witnessing a journalist’s murder. There were currently no pending criminal libel cases. Domestic legislation was examined before drafting to ensure its compliance with fundamental human rights provisions.
Over the past two years, Malta had made substantial progress in the fight against human trafficking. The identification of victims was done in multiple forms and most victims received assistance. A national victim support line had been introduced. A comprehensive national awareness raising campaign had been carried out, with a good response from national stakeholders. Asylum seekers were screened for vulnerability and to determine if they were victims of trafficking. Legal aid lawyers were provided for victims of human trafficking and interpreters were provided when necessary.
Throughout the years, the Maltese Government had remained committed to upholding its obligations relating to search and rescue. Malta had never turned a blind eye to the rescue of persons at sea inside its area of responsibility. On a daily basis, Maltese authorities investigated and acted on distress calls, based on relevant conventions and international law. Malta had rescued more than 28,000 lives of migrants in distress in the past 20 years and hosted one of largest refugee communities compared to the size of the population. The country had developed a robust framework for processing asylum claims in a timely and efficient manner. Malta continued to call for the right balance between solidarity and sharing of responsibility among European Union Member States.
The State remained responsible for the coordination of search and rescue activities within the region. Malta was not responsible for any autonomous interceptions on the high seas. The allegations that Malta was infringing its obligations in this regard were not substantiated. Malta had not engaged in any pushbacks towards Libya. A memorandum of understanding had been signed with the Libyan Government in 2020, which sought to establish two coordination centres aimed at closer collaboration in the combatting of irregular migration and support the Libyan Government to secure European Union funding to fight trafficking. The three migrants in the Hiblu three case were failed asylum seekers. No further information could be provided at this time since the case was still sub judice.
Age assessment processes of migrants only took a few days; if a person was found to be an unaccompanied minor, they were released immediately to an open facility. Cases of persons claiming to be unaccompanied minors who looked visibly adult, or who had an identification document which confirmed they were an adult, could be detained pending an age assessment procedure. Migrants could appeal the result of an age assessment.
The Judicial Appointment Committee had been modified over the last few years, and the Attorney General had been removed from said Committee. Regarding the assassination of Daphne Caruana Galizia, a public inquiry report was published in July 2021. Following the publication of the report, consultations were held with key stakeholders, including the Caruana Galizia family, journalists and international organizations. As recommended by the public inquiry, a committee on media was established to analyse the journalism and media sector and to provide reactions on draft legislative amendments.
Questions by Committee Experts
A Committee Expert said hate crime and hate speech was institutionalised within the country and there was impunity for these crimes. Could the delegation comment on this? Had such crimes been investigated? There had been reports in certain detention centres that the conditions of detention were not fully compliant with international standards. Information had been received that there had been excessive use of force against migrants. Could the delegation comment on this? Were remedies provided to victims of trafficking?
Another Expert asked about the “citizen journalist concept”; could more information be provided? When it came to foreigners, there was a requirement to have resided in Malta for at least five years. Could the delegation clarify this?
A Committee Expert asked for more information about the election of Judicial Committee members. The Chief Justice was appointed by the President of Malta, acting on the advice of the Prime Minister. How was independence observed in this case?
Another Committee Expert said in the case of the murder of Daphne Caruana Galizia, could the delegation comment on allegations on the involvement of former police and ministers?
A Committee Expert emphasised the issue of the withdrawal of reservations. The issue of impunity in regard to hate speech was still pending. Was it correct that Malta was doing what it could to prevent hate speech? What could the Committee do to help Malta to further uphold the promotion and protection of human rights?
Another Expert said the issue of search and rescue was highly important. The Committee was not entirely convinced by the delegation’s argument.
A Committee Expert said when a refugee had their asylum application rejected, they could turn to the courts of law to challenge administrative proceedings. Could those legal proceedings lead to the decision being suspended? Could a judge order the suspension of the expulsion order against an asylum applicant?
Responses by the Delegation
The delegation said in 2024, so far there had been 19 cases of hate speech, with 10 people investigated. Between 2022 and 2024, there were 136 crimes motivated by hate reported. Riots in Malta were extremely rare, and feedback should be taken in this regard. Judges were appointed by the President, acting in line with recommendations made by the Judicial Appointments Committee. The recommendation of the Judicial Appointments Committee was not the final decision; this was taken by the President. Now the President’s decision had to be supported by at least two thirds of the House of Representatives. The delegation reiterated that detention in Malta was ordered as a measure of last resort. Malta provided free legal aid to asylum seekers at the appeal stage in line with national and European Union legal obligations, in case of detention appeals, removal appeals, age assessment, and negative asylum decisions. A legal challenge in court against a return decision that had become final according to law did not have an automatic suspensive effect. However, the person concerned could request an interim measure to suspend return proceedings. In practice, once court proceedings had been initiated, the competent authorities put return proceedings on hold till these had been concluded.
Allegations in regard to the Daphne Caruana Galizia case against officials were not pertaining to murder, but rather leaks in the investigation. This was still under investigation through a magisterial inquiry. The alleged mastermind of the case had opened a case against the lead investigator of the case, which had been lost. It was now subject to an appeals stage. The majority of votes in the Judicial Appointments Committee was four.
Closing Remarks
JONATHAN VASSALLO, Permanent Secretary, Office of the Prime Minister of Malta and Head of the Delegation, thanked the Committee Experts for their pertinent questions regarding Malta’s application of its human rights obligations. Review sessions served an important purpose to analyse what could be done better. Malta highly valued the Committee’s expertise and insights. All observations would be analysed and taken into consideration in the future. Mr. Vassallo thanked all those who had made the session possible.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the Maltese delegation for its hardworking attitude. Over the past two days, many issues had been discussed in the context of the application of the International Covenant on Civil and Political Rights in Malta. Ms. Abdo Rocholl reiterated the Committee’s commitment to the implementation of the Covenant, ensuring that the highest level of civil and political rights could be achieved in Malta.
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