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17/09/05
JRS comments on what EU proposed standards on irregular migrants
mean for Malta
Illegal migration - EU proposed standards 'far higher' than
Malta's >
Times of Malta by Herman Grech
The European Commission's proposals on irregular migration
confirmed that it was unjustified to deprive illegal immigrants
of their liberty arbitrarily or indefinitely let alone when one
was dealing with the freedom of legitimate asylum seekers, the
Jesuit Refugee Service said yesterday.
The standards drawn up by the EU are "far higher" than those
applicable to detention in Malta, the JRS added.
The European Commission on Thursday proposed new EU-wide rules
designed to ensure clear and transparent common rules concerning
return, removal, use of coercive measures, temporary custody and
re-entry. The proposals take full account of the respect for
human rights and fundamental freedoms of the persons involved.
To come into force the EU legislation would have to be agreed to
unanimously by the 25 member states. A three-month consultation
process on the plans has now begun.
EU governments have been reluctant to replace national rules on
immigration with European regulations. The EU says the common
rules are needed to keep migrants from taking advantage of big
differences in procedures in order to slip from one nation to
another.
The most debatable proposal is one which states that illegal
immigrants and asylum seekers should not be detained for more
than six months. Maltese immigration law does not set down a
definite time limit for detention and leaves much room for
arbitrariness, according to the JRS.
All illegal immigrants landing in Malta are currently held in
detention for a year, though some stay for up to 18 months.
A spokesman for JRS said a recent experience of some
unsuccessful asylum seekers highlights the unpredictability of
the Maltese system.
After being led to believe they would be released after 12
months, they were informed at the last minute that this was not
to be and that they would have to spend a further six months in
detention, the spokesman said. This in spite of the fact that in
the preceding weeks, others in an identical situation had been
released after only 12 months in detention, the JRS claimed.
"To treat detained immigrants in this manner indicated total
disregard of the fact that they are human beings with rights
that must be respected."
The proposed directive establishes the rule that illegal stays
should be ended through a fair and transparent procedure.
It promotes the principle of voluntary return by establishing
that a "period of departure" should be granted before an illegal
immigrant is removed by force.
JRS said it was interesting to note that the proposal focuses on
immigrants who have no right to be on state territory, not
asylum seekers who do have a right to remain in Malta until a
final decision is taken on their application.
The EU proposal says that detention is not mandatory and should
be used only where less coercive methods would not work -
detention must be authorised and reviewed regularly by a court
and may last up to a maximum of six months.
"What this proposal is essentially saying is that, even if
immigrants have no reason or right to be on state territory, the
state is not justified in depriving them of their liberty
arbitrarily or indefinitely," the JRS spokesman argued.
While JRS admitted that the arrival of irregular immigrants is
posing a serious challenge to our society, it said it is also
true that there is a real risk that legitimate concerns and
fears are blown out of proportion and immigrants are demonised
and turned into scapegoats.
"One of JRS's main concerns about the use of detention as a
policy of reception for asylum seekers is precisely this:
detention criminalises immigrants, it makes people believe that
they are somehow dangerous."
Home Affairs Minister Tonio Borg could not be contacted for
comment, with a spokesman saying he is overseas and out of
reach.
The government's envoy on immigration, Martin Scicluna, said he
preferred not to comment at this stage.
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