Identifier
Created
Classification
Origin
09VALLETTA169
2009-04-09 19:10:00
CONFIDENTIAL
Embassy Valletta
Cable title:  

MALTA: IMMIGRATION DEBATE ROILS POLITICAL SCENE

Tags:  PGOV PREL PREF MT 
pdf how-to read a cable
P 091910Z APR 09
FM AMEMBASSY VALLETTA
TO EU MEMBER STATES COLLECTIVE PRIORITY
SECSTATE WASHDC PRIORITY 2066
C O N F I D E N T I A L VALLETTA 000169 


E.O. 12958: DECL: 04/09/2019
TAGS: PGOV PREL PREF MT
SUBJECT: MALTA: IMMIGRATION DEBATE ROILS POLITICAL SCENE

REF: A. 08 VALLETTA 423

B. VALLETTA 113

C. VALLETTA 143

Classified By: CDA Jason L. Davis, per 1.4 (b) and (d).

C O N F I D E N T I A L VALLETTA 000169


E.O. 12958: DECL: 04/09/2019
TAGS: PGOV PREL PREF MT
SUBJECT: MALTA: IMMIGRATION DEBATE ROILS POLITICAL SCENE

REF: A. 08 VALLETTA 423

B. VALLETTA 113

C. VALLETTA 143

Classified By: CDA Jason L. Davis, per 1.4 (b) and (d).


1. (SBU) Summary: With 2008 and early 2009 bringing a record
influx of African migrants to Malta from Libya, the issue of
migration has risen to the top of the political agenda
locally. The GOM has been criticized by NGOs, UNHCR, and
even the Catholic Church for its detention policy, and
Medecins Sans Frontieres recently announced its withdrawal
from the closed detention centers, attributing the decision
to the GOM's unwillingness to deal with the "appalling"
conditions in the centers. EC Commissioner Jacques Barrot
suggested in a recent visit that additional support for Malta
from the EU might be forthcoming. A parliamentary debate on
the issue produced calls for quotas and increased
burden-sharing within the EU; the debate took place against
the backdrop of strongly anti-immigrant Maltese public
opinion. End summary.

DETENTION POLICY DRAWS WIDESPREAD CRITICISM
--------------


2. (SBU) With record numbers of immigrants arriving in 2008
(a total of 2700, up from less than 2000 the previous year)
and the first three months of 2009 (more than 750, during
what is normally the off season due to weather conditions)
the issue of immigration has risen to the top of the agenda
for the GOM. The GOM has been roundly criticized by NGOs,
UNHCR, and -- most recently -- the Catholic Church, for its
detention policy, according to which immigrants who arrive in
Malta (normally after being rescued at sea in Malta's search
and rescue area) are immediately detained upon arrival and
held for up to 18 months (unless their asylum claim is
approved, usually after 6-12 months, in which case they are
released to an open center). Parliament debated the matter of
immigration March 16-17, with opposition leader Joseph Muscat
introducing an Action Plan that called for quotas on the
number of migrants allowed to integrate and increased
burden-sharing within the EU, as well as for improved
conditions in the detention centers. The Minister for
Justice and Home Affairs said it would be a mistake to set
quotas, but expressed gratitude that opposition leader Muscat
had supported the GOM detention policy.

MSF WITHDRAWS

--------------


3. (C) The debate came less than a week after Medecins Sans
Frontiers (MSF) announced, on March 12, that it was
withdrawing its personnel from the closed detention centers
due to "appalling" and "inhumane" conditions and MSF's
resulting inability to provide "adequate or effective
treatment." MSF attributed the decision to withdraw its
personnel from the closed detention centers in Malta in part
to the GOM's unwillingness to improve conditions in the
centers. MSF began operations in Malta six months ago, and
had repeatedly emphasized the need for an "infirmary"
(isolation center),pharmacy, and follow-up treatment for
conditions diagnosed; MSF also criticized the GOM for
detaining even some vulnerable individuals (though those are
normally released relatively quickly),including minors and
pregnant women. With poor sanitary conditions, the health of
those who arrived in good condition was deteriorating. These
concerns have been echoed, publicly and privately, by UNHCR
Head of Office Neil Falzon and IOM Head of Office Maria
Pisani (please protect).


4. (SBU) MSF first notified the GOM that it was necessary to
address these deficiencies in October 2008, but nearly six
months later there was still no plan in place to remedy the
situation. Last fall a chicken pox outbreak among detainees
had highlighted the need for an isolation center, so that the
outbreak and others like it could be contained; MSF also
alleged that due to the lack of a pharmacy in the closed
detention centers, the migrants were not receiving medication
until up to two weeks after it was prescribed.

WORSE THAN DARFUR?
--------------


5. (C) Representatives from the U.S.-based International
Medical Corps (IMC) visited Malta March 16-18 at the
invitation of Minister John Dalli to see if the IMC could
provide medical care within the detention centers either
alongside MSF, or possibly in lieu of it. Jeff Goodman, a
senior medical advisor with IMC, told Charge' after the
group's visit to Safi Barracks, one of the closed detention
centers, that the hopelessness of the detainees was unmatched
even in camps in Darfur and northern Uganda, where there
might be shortages of food or medicine, but where the
inhabitants were treated with respect and had a clear sense
that every effort was being made to address their needs. In
Safi barracks at 11am, he reported, at least half of the
residents had not even gotten out of their beds becuase there
was "no reason" for them to do so. Goodman said he did not
know whether IMC would be able to go into centers under such
conditions, or what "value added" it might be able to
provide.

SEEKING EU SUPPORT
--------------


6. (SBU) EC Commissioner for Justice, Freedom and Security
Jacques Barrot suggested during a March 14-15 visit that
additional support for Malta from the EU might be
forthcoming. Malta had gone to extraordinary lengths to
ensure (Ref A) that the principle of burden sharing was
included in the EU Migration Pact for those countries "faced
with specific and disproportionate pressures on their
national asylum systems, due in particular to their
geographical or demographic situation." As the most densely
populated country in the EU (Malta is an island 17 miles long
and 8 miles wide with some 400,000 residents) this language
was reportedly intended as a specific reference to Malta. To
date, only France has offered to take refugees from Malta
under the burden-sharing mechanism. (The French offer to take
one group of 80 refugees pales in comparison to the ongoing
U.S. Resettlement Program, which has resettled some 222
refugees from Malta in the past twelve months.)


7. (SBU) Barrot said he had come to Malta to understand the
challenges Malta faced with the disproportionate burden of
migration it faces. Barrot returned to Brussels convinced
that Malta needed assistance with burden-sharing and
additional resources to fund repatriation efforts and to
improve reception facilities for migrants and asylum seekers.
Barrot also indicated that there was a need for the proposed
EU Asylum Agency, which Malta has offered to host (Ref B),
and increased engagement with Libya, which has proven to be a
challenge (though Malta did sign a Search and Rescue
Memorandum of Understanding with Libya in March 2009 (Ref C).
Barrot made it clear that Malta needed to improve conditions
in the detention centers, and pointed out that there were
additional funds that Malta could tap into for many of these
efforts as the challenges require additional resources beyond
what has already been allocated.

PARLIAMENT DEBATES
--------------


8. (SBU) The March 18-19 parliamentary debate likewise
produced calls for increased burden-sharing within the EU.
Opposition leader Joseph Muscat's 20-point action plan
accepted the government,s detention policy, but advocated
for improved conditions in the detention centers, including
courses for the migrants to prepare them for life in the
community, and more doctors in the centers. Muscat asked the
GOM to categorically state the number of migrants it could
host and permanently integrate in a suitable and sustainable
manner. In conversations with Charge and PolOff, Alex
Tortell, head of the GOM,s Organization for the Integration
and Welfare of Asylum Seekers (OIWAS) dismissed that proposal
on the grounds that it was impossible to calculate in advance
how many migrants Malta could assimilate in light of
fluctuating economic conditions.


9. (SBU) Muscat criticized the GOM for not being stronger in
promoting burden-sharing within the EU and not insisting on a
timeframe by which the burden-sharing mechanism would become
effective. Muscat added that the Dublin II agreement should
be revised, specifically the rule by which the EU country
where the migrants landed retained responsibility for them.
Pushing further, Muscat suggested that Malta should assist
asylum seekers and then move them along, effectively
interpreting Malta's international obligations in a different
way. Minister for Justice and Home Affairs Carmelo Mifsud
Bonnici responded to Muscat,s plan by welcoming Muscat's
support for their detention policy. He then went on to state
that Malta could not ignore its international obligations,
which would have far greater implications, adding that Malta
was not obliged to take all migrants who passed through
Malta,s territorial waters, only those who were in distress.
Mifsud Bonnici moved on to say that Malta could not simply
set out a no vacancy, sign and set quotas on the number of
migrants it received when there were migrants in distress off
the coast.


10. (SBU) Muscat,s plan did not mention the issue of
repatriation, which is a key tenet of the Government,s plan.
Of the 12,000 migrants who have arrived in Malta in the past
five years (a number representing 3% of Malta's own
population),an estimated 5,200 remain; around 150 have been
repatriated in recent months under a new Assisted Voluntary
Return (AVR) program that offers immigrants who accept
airline tickets back to their home country a 5,000 euro
stipend; another 300 have been resettled, three-quarters of
those to the U.S. and the rest to various EU countries; while
the rest have apparently moved on by various other means,
presumably to find jobs elsewhere in Europe. Prime Minister
Gonzi addressed AVR in Parliament, stating that Malta,s
membership in the EU allowed it to work with other EU
countries to effect the return of immigrants who did not
qualify for protected status. (Currently, the GOM does not
have the diplomatic channels in place with many sub-Saharan
African countries where the failed asylum seekers come from,
but per the EU Migration Pact, Malta could rely on fellow EU
Member States to assist in the repatriation efforts.)

ANTI-IMMIGRANT PUBLIC SENTIMENT
DOESN'T STOP THE BISHOP OF GOZO
--------------


11. (SBU) Public sentiment in Malta is opposed to spending
funds to improve conditions at the camps or providing
expanded social services to immigrants, who are frequently
subjected to intolerant (though almost never violent)
treatment by Maltese nationals (even American citizens of
African descent are sometimes refused entrance to nightclubs
or not allowed to board public buses). With the recent riots
by 500 failed asylum seekers at Safi barracks, the largest of
the closed detention centers, in which mattresses were
burned, classroom equipment destroyed and two officials
injured, anti-immigrant sentiment against the migrants is
currently running higher than ever. On April 3, Mario Grech,
the Bishop of Gozo, surprised the overwhelmingly devout Roman
Catholic population of the country by sharply criticizing the
GOM detention policy, asking &Is it possible that a
civilized country such as (Malta),having the values we think
we are defined by, sees nothing wrong in keeping locked in
detention women and men who committed no crime and who are
only here because they are seeking another country,s
protection?8 Grech called for an &honest, sincere and
level-headed assessment8 of the current policy.

COMMENT
--------------


12. (C) While the GoM is taking slow steps to improve some of
the conditions in the closed centers -- for example by
replacing leaky, drafty tents with newly acquired caravans --
progress has been extremely slow. The issue is not so much
funding, as EU funds do seem to be available, but poor
organizational skills, an overtaxed bureacracy (including the
fact that the centers are badly overcrowded, making
renovations extremely difficult),and, unfortunately, a sense
among some mid-ranking government officials that improving
conditions or shortening the detention period might create a
"pull factor" (currently there are almost no immigrants who
want to come to Malta; nearly all are brought here after
being rescued at sea while en route to Italy). Most
observers believe this fear to be misplaced, but it is real.
The Prime Minister and other senior officials are sympathetic
to the plight of the detainees, but have so far not managed
to motivate the bureaucracy. We are somewhat hopeful that
recent attention from the EU, and the new anti-detention
policy enunciated by local Catholic Church leaders, might
begin to change the dynamic for the better, and we will
continue to use the goodwill engendered by our resettlement
program to nudge the GOM to improve on camp conditions.


DAVIS