IOM Country Profiles: Migration in Malta - Country Profile 2015

Migraion in Malta COUNTRY PROFILE 2015 The opinions expressed in the report are those of the authors and do not necessarily relect the views of the Internaional Organizaion for Migraion (IOM). The designaions employed and the presentaion of material throughout the report do not imply expression of any opinion whatsoever on the part of IOM concerning legal status of any country, territory, city or area, or of its authoriies, or concerning its froniers or boundaries. IOM is commited to the principle that humane and orderly migraion beneits migrants and society. As an intergovernmental organizaion, IOM acts with its partners in the internaional community to: assist in the meeing of operaional challenges of migraion; advance understanding of migraion issues; encourage social and economic development through migraion; and uphold the human dignity and well-being of migrants. Publisher: Internaional Organizaion for Migraion 17 route des Morillons P.O. Box 17 1211 Geneva 19 Switzerland Tel.: +41 22 717 9111 Fax: +41 22 798 6150 E-mail: [email protected] Website: www.iom.int _____________________________________________________ © 2016 Internaional Organizaion for Migraion (IOM) _____________________________________________________ All rights reserved. No part of this publicaion may be reproduced, stored in a retrieval system, or transmited in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior writen permission of the publisher. 24_16 Migration in Malta COUNTRY PROFILE 2015 Prepared by The People for Change Foundaion and Integra Foundaion For: The Internaional Organizaion for Migraion (IOM) FOREWORD Situated in the centre of the Mediterranean, the Maltese Islands boast a rich history of migraion. The legacy of 7,000 years of colonizaion is revealed in the language, architecture, poliical establishment, discourse and day-to-day realiies. Someimes celebrated, at other imes scorned, the migrant has, and coninues to be, a central character in the Maltese narraive. In diicult imes, many Maltese were forced to emigrate in search of a beter life. Maltese emigraion coninues, albeit under diferent – more assured – circumstances. The past two decades have also witnessed a shit in migratory paterns, as Malta has turned from a country of emigraion to a country of immigraion. In an increasingly globalized world, contemporary immigraion to Malta of persons from around the world is perhaps the most reliable indicaion of the intensiicaion of this process. Now, as before, the presence of migrant populaions living in Malta is evident – from classrooms to hospitals, from board rooms to construcion sites. The contribuion that migrants make to Maltese society is real, dynamic and enriching. But migraion does not come without its challenges. Indeed, migraion has become one of the most poliically charged topics of our imes. Therefore, arguably, the need for informed debate – generally, as well as speciically in the Maltese context – has never been more urgent. The Migraion in Malta – Country Proile 2015, commissioned by the Internaional Organizaion for Migraion (IOM), seeks to contribute to this dialogue, by providing an evidence-based overview of the islands’ contemporary migraion narraive. The report is divided into three secions and documents migraion trends and migrant characterisics in Malta. It begins by exploring the impact of migraion in the Maltese context in relaion to key issues, namely human development, economic development, employment and the labour market, social development, educaion, as well as health and the environment. It then focuses on migraion management and control, more speciically on the legislaive, policy and insituional developments that have been taking place over the past decade. The report concludes with a summary of key indings and recommendaions that have emerged from the data collecion and analysis. The report is expected to provide a valuable tool for policymakers, praciioners, academics, journalists, and, indeed, anyone interested in beter understanding the contemporary Maltese migraion context. Migraion in Malta: Country Proile 2015 iii ACRONYMS AFM AVRR COE ECHR ECtHR Eurostat FSM HDI IOM JRS KOPIN MHAS MIPEX NGO NSO OFD PfC RAB UNDP UNHCR Armed Forces of Malta Assisted Voluntary Return and Reintegraion Council of Europe European Convenion of Human Rights European Court of Human Rights European Union’s Staisics Oice Foundaion for Shelter and Support to Migrants Human Development Index Internaional Organizaion for Migraion Jesuit Refugee Service Koperazzjoni Internazzjonali Ministry for Home Afairs and Naional Security Migraion Integraion Policy Index Non-governmental organizaion Naional Staisics Oice Organizaion for Friendship in Diversity People for Change Foundaion Refugee Appeals Board United Naions Development Programme United Naions High Commissioner for Refugees Migraion in Malta: Country Proile 2015 v CONtENtS Foreword ............................................................................................iii Acronyms ............................................................................................v List of table and igures..................................................................... viii Introducion ........................................................................................1 Part A: Migraion trends and migrant characterisics............................5 A.1. Emigraion ................................................................................................ 5 A.2. Immigraion .............................................................................................. 9 A.2.1. Key driving forces ........................................................................... 9 A.2.2. Data overview .............................................................................. 10 A.2.3. Immigraion as percentage of the total populaion ..................... 12 A.2.4. Breakdown by gender .................................................................. 14 A.2.5. Breakdown by broad category of ciizenship................................ 16 A.2.6. Residence permits by reason........................................................ 20 A.3. Undocumented arrivals ......................................................................... 22 A.4. Asylum-seekers ....................................................................................... 30 A.5. Internal migraion .................................................................................. 33 A.6. Acquisiion of ciizenship ....................................................................... 34 Part B: Migraion impact ....................................................................37 B.1. Human development .............................................................................. 37 B.2. Risk of poverty and social exclusion ....................................................... 38 B.3. Employment and labour market ............................................................ 38 B.4. Social security ......................................................................................... 41 B.5. Educaion ................................................................................................ 42 B.7. Environment .......................................................................................... 46 Part C: Migraion governance.............................................................49 C.1. Legislaion ............................................................................................... 49 C.1.1. Emigraion .................................................................................... 49 C.1.2. Return migraion........................................................................... 50 C.1.3. Immigraion ................................................................................. 50 C.1.4. European Union naionals ........................................................... 51 C.1.5. Long-term residence .................................................................... 51 C.1.6. Human traicking ......................................................................... 52 C.1.7. Migrant smuggling ....................................................................... 52 C.1.8. Family reuniicaion ...................................................................... 53 C.1.9. Migraion for the purpose of study .............................................. 53 C.1.10. Migraion for the purposes of scieniic research ....................... 54 Migraion in Malta: Country Proile 2015 vii C.1.11. Return ........................................................................................ 54 C.1.12. Visa legislaion ............................................................................ 55 C.1.13. Access to ciizenship ................................................................... 55 C.2. Policies .................................................................................................... 55 C.3. Internaional cooperaion ....................................................................... 56 C.4. Insituions .............................................................................................. 58 C.5. Ministry for Home Afairs and Naional Security ................................... 58 C.6. Intergovernmental organizaions ........................................................... 62 C.7. Non-governmental organizaions and think tanks ................................. 63 Key indings and recommendaions ...................................................69 Annexes.............................................................................................71 Annex I: Annex II: Annex III: Annex IV: Annex V: Internaional glossary ................................................................... 71 Naional glossary .......................................................................... 77 Naional data sources ................................................................... 82 Instruments to which Malta is a signatory .................................... 82 Subsidiary legislaion to the Immigraion Act, Chapter 217 of the Laws of Malta................................................. 87 References .........................................................................................89 liSt OF tAblE AND FiguRES Table 1: Number of hospital admission by reason of asylum-seekers, 2011–2012 .............................................................. 44 Figure 1: Figure 2: Figure 3: Figure 4: Figure 5: Figure 6: Figure 7: Figure 8: Figure 9: Figure 10: Figure 11: Figure 12: Emigraion by country, 1946–1996 ......................................................... 6 Emigrants from Malta ............................................................................. 6 Emigraion from Malta, 2006–2013 ........................................................ 7 Emigraion by sex and ciizenship .......................................................... 7 Emigraion of Maltese naionals, 2008–2013 ........................................ 8 Flow data: Emigraion by sex, 2006–2013............................................... 8 Stock data: Migrants in Malta, 2009–2013 ........................................... 10 Stock data: Migrants by broad category of ciizenship, 2009–2013...... 11 Stock data: European Union naionals .................................................. 12 Stock data: Non-European Union naionals .......................................... 12 Stock data: Migrants as a percentage of total populaion .................... 13 Migrants by broad category of ciizenship as a percentage of total populaion ............................................................................................. 14 Figure 13: Number of European Union naionals by gender ................................. 14 Figure 14: Number of non-European Union naionals by gender .......................... 15 Figure 15: Stock data: Migrants by broad category of ciizenship and by gender ................................................................. 16 viii Migraion in Malta: Country Proile 2015 Figure 16: Percentages of the total populaion of migrants broken down by broad category of ciizenship and gender .................. 16 Figure 17: Migrants by country of birth ................................................................. 17 Figure 18: Breakdown by ciizenship, 2013 ............................................................ 18 Figure 19: Percentages of non-European Union, non-EFTA and non-candidates States’ migrants by level of development of the country of ciizenship ........................................... 18 Figure 20: Migrants by country of birth and sex .................................................... 19 Figure 21: Flow data: Immigraion to Malta, 2007–2013 ....................................... 20 Figure 22: Flow data: Annual immigraion to Malta by European Union naionals and third-country naionals ........................................ 20 Figure 23: Flow data: First residence permits Issued by reason ............................ 21 Figure 24: Stock data: Number of valid residence permits at the end of each calendar year, 2008–2013 ...................................... 21 Figure 25: Stock data: Percentage of valid residence permits at the end of each calendar year, 2008–2013 (per cent) ...................... 22 Figure 26: Boat arrivals, 2002–2014 ...................................................................... 23 Figure 27: Flow data: Boat arrivals by gender, 2001–2014 .................................... 23 Figure 28: Flow data: Number of women in boat arrivals, 2001–2014 .................. 24 Figure 29: Percentage of girls and women in total number of boat arrivals, 2001–2014 ................................................................. 24 Figure 30: Boat arrivals by category of coninent, 2013 ........................................ 25 Figure 31: Third-country naionals found to be in an undocumented situaion, 2008–2014 ................................................... 26 Figure 32: Number of third-country naionals ordered to leave, 2008–2014 ........ 26 Figure 33: Third-country naionals returned following an order to leave, 2008–2014 ............................................................... 27 Figure 34: Assisted voluntary returns from Malta.................................................. 28 Figure 35: Dublin incoming requested transfers to Malta, 2008–2013.................. 28 Figure 36: Dublin requested transfers and take back transfers to Malta, 2008–2013 ..................................................... 29 Figure 37: Relocaion and resetlement from Malta, 2005–2014 .......................... 30 Figure 38: Asylum applicaions in Malta, 2004–April 2015 .................................... 30 Figure 39: Granted statuses in Malta, 2014 ........................................................... 31 Figure 40: Percentage of granted protecion in Malta, 2014 ................................. 32 Figure 41: Total granted protecion in Malta, 2004–2014 ..................................... 32 Figure 42: Granted statuses in Malta by type, 2012–April 2015 ............................ 33 Figure 43: Acquisiion of ciizenship, 1999–2012 .................................................. 34 Figure 44: Acquisiion of naionality by previous ciizenship, 2009–2012 ............. 35 Figure 45: Malta’s Human Development Index, 1980–2013 .................................. 37 Figure 46: Foreign populaion at risk of poverty or social exclusion, 2005–2013 ............................................................. 38 Figure 47: Acivity rate by broad category of ciizenship, 2006–2014 ................... 39 Figure 48: Annual net earnings, 2004–2012 .......................................................... 40 Figure 49: New residence permits for remunerated aciviies, 2008–2013 ........... 40 Migraion in Malta: Country Proile 2015 ix Figure 50: Total valid residence permits, 2008–2013............................................. 41 Figure 51: Social security expenditure on third-country naionals and refugees, 2008–2013 ...................................................... 41 Figure 52: Social security expenditure on third-country naionals and refugees as a percentage of total, 2008–2013 ............... 42 Figure 53: Foreign student registraion in Maltese schools by broad category of ciizenship, 2013 ................................................. 43 Figure 54: Educaion level of asylum-seekers ........................................................ 44 Figure 55: Distribuion of diagnosis by categories ................................................. 46 x Migraion in Malta: Country Proile 2015 iNtRODuCtiON The historical narraive of the Maltese archipelago – situated at the crossroads of the Mediterranean – has been substanially involved with migraion. With 7,000 years of colonial rule, this relaively young naion-State has hosted and integrated diverse cultures, languages, ethniciies and people. The rich history of migraion is relected in, among others, the architecture, the languages spoken, the insituions and the increasingly diverse makeup of Maltese ciizens and residents of the islands. Malta, comprised of the islands of Malta, Gozo and Comino, gained its independence from Great Britain in 1964 and became a member of the European Union in 2004. The capital city of Malta is Valleta, and the oicial languages are Maltese and English. The euro was adopted as the oicial currency in 2008. The Consituion of Malta establishes Roman Catholicism as the State religion, and the majority of Maltese idenify themselves as Roman Catholic. Yet, a growing number of other religious denominaions are also represented in Malta, which is evident from a signiicant number of acive communiies. Recent trends also indicate a shit towards secularizaion, a process that has arguably gained momentum post accession to the European Union, the referendum on the legalizaion of divorce and the gay rights movement in the overall context of ever-intensifying globalizaion.1 With an area of just over 316 km², Malta is the smallest European Union Member State. With a populaion of 446,547, Malta is also the most densely populated Member State of the European Union and one of the most densely populated countries in the world. It is the above-menioned demographics, coinciding with poverty and deprivaion that have historically compelled many Maltese to emigrate. During the nineteenth century, emigraion took place largely towards North Africa. Following the Second World War, Malta experienced massive emigraion to English-speaking countries including Australia, Canada, the United Kingdom and the United States of America. The hardships many of the Maltese emigrants faced at this ime are well documented, not least in Australia, where, as a result of the “White Australia Policy”, the Maltese were oicially excluded from the assisted passage scheme and thus faced social exclusion and poverty. With the passage 1 Pace, R. (2012), Growing Secularisaion in a Catholic Society: The Divorce Referendum of 28 May 2011 in Malta, South European Society and Poliics, 17(4):573–589. Migraion in Malta: Country Proile 2015 1 of ime, the Maltese diaspora in Australia and elsewhere has lourished. These communiies have managed to maintain their links with Malta, demonstraing a dynamic relaionship that coninues across physical and virtual spaces. Over the following decades, as a result of growing prosperity, Maltese migraion paterns shited and Malta turned from a country of emigraion into one of immigraion. Since the 1970s, when many Maltese emigrants returned, Malta has increasingly become a popular desinaion for foreign naionals. Contrary to popular belief, the highest numbers of migrants living in Malta today are from the European Union, while an increasing number of migrants are arriving from further aield, including Asia, North America and Eastern as well as South-Eastern Europe. From 2002, Malta experienced the arrival of mixed lows of migrants, largely sub-Saharan asylum-seekers arriving from the coast of North Africa. In the atermath of the Arab Spring and the context of the ongoing conlicts in the Syrian Arab Republic and Libya, in recent years, Malta has also been receiving increasing numbers of asylum applicaions from Libyan and Syrian naionals. Due to the predominant mode of entry by boat, the vast variety of ethnic backgrounds among the migrant populaion and the thereto-related physical features, asylum and irregular migraion have largely been at the forefront of the migraion debate in Malta, both in public and poliical discourse. However, the indings of this report suggest that migraion in Malta is far more complex and diverse than the rather simpliied version portrayed by the media narraive. While not without its challenges, this report seeks to capture the contemporary picture of migraion trends in Malta. Due to the very nature of migraion, the most this report can hope to achieve is a comprehensive insight into the dynamics and ever-shiting migratory paterns in Malta today. The report is divided into three secions: Part A documents migraion trends and migrant characterisics. It challenges some popular misconcepions that have been prevalent in the mainstream discourse. Part B looks at the impact of migraion in the Maltese context. The analysis addresses a number of key topics, namely human development, economic development, employment and the labour market, social development, educaion, as well as health and the environment. Part C looks at migraion management and control, more speciically, the extensive and expanding legislaive, policy and insituional developments over the past decade. The report concludes with a summary of key indings and recommendaions that have emerged from the data collecion and analysis. 2 Migraion in Malta: Country Proile 2015 While the indings of the present report point to the diverse and dynamic migratory paterns and lows to and from Malta, the dominant discourse in the poliical, academic and public realm has tended to focus almost exclusively on the arrival of asylum-seekers, to the degree that popular belief tends to portray sub-Saharan asylum-seekers as the majority of migrants living in Malta. The following analysis seeks to redress this bias and take a more comprehensive, realisic look at the broader impact of migraion in Malta. Migraion in Malta: Country Proile 2015 3 PARt A: MigRAtiON tRENDS AND MigRANt ChARACtERiStiCS This secion aims to present key migraion igures and trends in Malta, as well as an overview of migrant characterisics. In so doing, it challenges exising percepions that sub-Saharan asylum-seekers make up the majority of migrants living in Malta, paricularly, in view of staisics pertaining to migraion of other third-country naionals and European Union naionals. Further, this publicaion aims to provide an impetus for future data collecion in the area, paricularly data that is more detailed and segregated with speciic focus on issues of race and ethnicity. A.1. Emigration Emigraion on a large scale has been a feature of Maltese life since the early nineteenth century. Organized and subsidized emigraion became a basic policy in the post-war period. It was presented as a soluion to Malta’s challenges regarding overpopulaion and unemployment following the devastaion of the Second World War. While the decision to emigrate was claimed to have been taken freely, it is oten argued that the choice was between emigraion and stark economic hardship. In the early twenieth century, emigraion was regarded as a way of curtailing the high populaion density in Malta. Many Maltese thus emigrated to Australia, Canada or United Kingdom, forming migrant communiies within these countries. As demonstrated in Figure 1, the number of emigrants to Australia far outweighed emigraion to any other country, with a total of 86,787 Maltese emigrants reaching the country in the period from 1946 to 1996. The number of Maltese naionals leaving for the United Kingdom between 1946 and 1996 was 31,489, making the United Kingdom the second largest receiving country of Maltese emigrants ater Australia. Other countries to which signiicant emigraion occurred included the United States and Canada. As illustrated in Figure 2, peak levels of emigraion were reached in 1947 (n=1,536), 1955 (n=1,872) and 1964 (n=1,597). Migraion in Malta: Country Proile 2015 5 Figure 1: Emigraion by country, 1946–1996 Source: Malta Migraion Museum, 2015. Figure 2: Emigrants from Malta Source: Malta Migraion Museum, 2015. Subsequently, the number of Maltese emigrants leaving for the United Kingdom irst decreased slowly, then more rapidly ater 1975. Return migraion from the United Kingdom over the period of 50 years from 1946 to 2006 6 Migraion in Malta: Country Proile 2015 amounted to 12,969. The most signiicant period of return migraion was again reached in 1975, with a peak of 1,572 migrants returning to Malta. Subsequently, the level of return migrants remained high (at around 400–600 per year) unil 1984, ater which it declined to below 200 returnees per year. Figure 3 provides an overview of the number of persons emigraing from Malta between 2006 and 2013. While the number increased considerably in 2007 (n=5,029), it remained stable between 2008 (n=3,719) and 2011 (n=3,806). In 2012, the igure stood at 4,005, while in 2013, it increased to 5,204. Figure 3: Emigraion from Malta, 2006‒2013 Source: Eurostat, 2015. Figure 4: Emigraion by sex and ciizenship Source: Eurostat, 2015. Migraion in Malta: Country Proile 2015 7 Figure 4 illustrates emigraion trends between 2008 and 2013, divided into categories of Maltese naionals, European Union naionals and non-European Union naionals, and further divided by gender. Figure 5 illustrates a general patern that a signiicantly higher number of males than females emigrate from Malta, regardless of ciizenship. Figure 5: Emigraion of Maltese naionals, 2008–2013 Source: Eurostat, 2015. Figure 6: Flow data: Emigraion by sex, 2006–2013 Source: Eurostat, 2015. The prevalence of male migrants, as opposed to female migrants, is once again illustrated in Figure 6. In order to clarify the reasons for these gendered paterns, qualitaive research is needed. The later would provide insights into, inter alia, the moivaion to migrate (including family, employment and 8 Migraion in Malta: Country Proile 2015 educaion), the resources required to migrate (economic, networks, relaionships and others), the trajectory of the migrant and the reasons behind the choice of desinaion. An important factor in this context is career and professional opportuniies abroad as a driving force for people to leave the country. One of the most considerable examples of the so-called “brain drain” is the medical profession, in which an increasing number of medical graduates have opted to leave Malta and inalize their specializaion in the United Kingdom, oten setling there permanently. For some years, this caused a considerable problem in terms of human resources in medical personnel in Malta. The issue has now been remedied, partly by the number of foreign doctors choosing to inish their studies or conduct their specializaion in Malta. The medical profession provides an interesing example of the relaionship between emigraion and immigraion, afecing the balance of the much-needed skills and human resources within a country. A.2. immigration A.2.1. Key driving forces A number of factors account for the changes in immigraion trends over the past decade. Apart from its warm climate and locaion in the heart of the Mediterranean, Malta’s accession to the European Union in 2004 resulted in an increase of European Union ciizens coming to Malta in the exercise of their right of free movement within the European Union. Concurrently, European Union membership allowed Maltese ciizens to move and seek opportuniies within other European Union Member States. As this Migraion Proile highlights, a variety of reasons drives migraion to Malta, such as labour market opportuniies, family unity and the pursuit of studies or research. However, not all who reach the Maltese shores do so out of opportunity or through regular channels. Rather, some do so out of necessity, leeing war and persecuion, which has driven them out of their countries of origin. Partly as a result of its geographical locaion as a gateway to Europe, since 2002, a number of asylum-seekers have arrived in Malta consituing one group within the mixed lows of migrants, oten being brought to Malta ater being rescued within Malta’s search and rescue region. While a signiicant number have moved on to other countries, whether through formal (relocaion or resetlement) or informal channels, others have Migraion in Malta: Country Proile 2015 9 remained. The United Naions High Commissioner for Refugees (UNHCR) Malta esimates in its 2014 midyear update that less than 30 per cent of the around 19,000 individuals who arrived by boat from Libya since 2002 remain in Malta,2 while more than 2,600 beneiciaries of protecion have been resetled or relocated since 2005.3 For example, in the period from January to July 2014, 391 refugees were resetled to the United States and 54 individuals were assisted to return home through the Assisted Voluntary Return and Reintegraion (AVRR) programme implemented by the Internaional Organizaion for Migraion (IOM) in partnership with the Ministry for Home Afairs and Naional Security (MHAS).4 A.2.2. Data overview The total number of migrants living in Malta has increased steadily over the past decade, relecing the shit from a country of emigraion to a country of immigraion. As of 2013, the total number of migrants living in Malta was 22,466. Figure 7 demonstrates the increase in immigraion between 2009 and 2013, including all non-Maltese naionals (both European Union naionals and third-country naionals) living in Malta. Figure 7: Stock data: Migrants in Malta, 2009–2013 Source: Eurostat, 2015. 2 3 4 UNHCR Malta, Malta Asylum Trends: 2014 midyear update. Available from www.unhcr.org.mt/charts/ uploads/resources/read/iles/7_2014_malta_asylum_trends_mid_yearf_.pdf Ibid. Ibid. 10 Migraion in Malta: Country Proile 2015 Figure 8 illustrates the distribuion of migrants by broad category of ciizenship, namely, the number of migrant stocks divided into European Union naionals and third-country naionals between 2009 and 2013. Over this ive-year ime frame, although the number of European Union naionals was signiicantly higher than the number of third-country naionals, the dominant public and poliical debate on migraion was (and remains) almost exclusively focused on one paricular subset of third-country naionals, sub-Saharan asylum-seekers referred to as “boat people”. Figure 8: Stock data: Migrants by broad category of ciizenship, 2009–2013 Source: Eurostat, 2015. Aside from a dip in third-country naional arrivals in 2010 and a surge in arrivals of European Union naionals in the same year, the growth rate is largely similar between the two groups, illustraing a steady increase in the arrivals of both categories over ime and conirming Malta’s posiion as an increasingly popular migrant desinaion. This may be sharply contrasted with the number of boat arrivals that saw a large decrease in recent years, paricularly from 2013. Figures 9 and 10 below indicate the growth in the number of migrants by broad category of ciizenship between 2009 and 2013. A signiicant growth is noted for both categories, with 2010 seeing a spike in the number of European Union naionals and a slight dip in the number of third-country naionals. The igures suggest a relaively rapid increase in the arrivals of European Union naionals post Malta’s accession to the European Union in 2004, which has levelled out post-2010. They also demonstrate, contrary to popular belief, the high number of European Union naionals in relaion to third-country naionals, which in 2010, for instance, was almost double the number of third-country naionals in Malta. Migraion in Malta: Country Proile 2015 11 Figure 9: Stock data: European Union naionals Source: Eurostat, 2015. Figure 10: Stock data: Non-European Union naionals Source: Eurostat, 2015. A.2.3. immigration as percentage of the total population Figure 11 presents the total number of migrants as a percentage of the total populaion in Malta, which rose from 4.09 per cent in 2009 to 5.33 per cent in 2013. This increase notwithstanding, according to recent staisics, European Union naionals and third-country naionals sill represent a relaively low percentage of the populaion residing in Malta. Yet, 57 per cent 12 Migraion in Malta: Country Proile 2015 of the Maltese respondents to the most recent Eurobarometer survey published in February 2015 indicated immigraion as one of their two main concerns, the other one being economic issues.5 Compared to the European Union average (18%), Malta retains one of the highest percentages of ciizens idenifying immigraion as a primary concern for their country, along with the United Kingdom (38%), Germany (37%) and Denmark (34%). Forty-six per cent of the Maltese respondents also consider immigraion to be the most important issue currently facing the European Union. Figure 11: Stock data: Migrants as a percentage of total populaion Source: Eurostat, 2015. Figure 12 presents migrants as a percentage of the total populaion, divided by broad category of ciizenship, namely European Union naionals and third-country naionals. The percentage of European Union naionals ranges from a minimum of 2.45 per cent in 2007 to a maximum of 3.05 per cent in 2013, while the percentage of third-country naionals ranges from a minimum of 1.55 per cent in 2010 to a maximum of 2.28 per cent in 2013. In other words, the later has always been and is signiicantly lower than the former. This again suggests that the public percepion of migrants in Malta does not relect the reality. 5 European Commission, Standard Eurobarometer 82: Naional Report Malta, Autumn 2014. Available from htp://ec.europa.eu/public_opinion/archives/eb/eb82/eb82_mt_mt_nat.pdf Migraion in Malta: Country Proile 2015 13 Figure 12: Migrants by broad category of ciizenship as a percentage of total populaion Source: Eurostat, 2015. A.2.4. breakdown by gender Figure 13 illustrates that, between 2010 and 2013, the numbers of male and female European Union naionals living in Malta have been the same, on average. The number of male European Union naionals has for the most part remained slightly higher than that of female European Union naionals, except for 2012, when the reverse was noted. Lack of qualitaive research into the subject in Malta makes it diicult to explain these trends. However, the data highlights the feminizaion of migraion within the European Union, relecing a global trend. Figure 13: Number of European Union naionals by gender Females Males Source: Eurostat, 2015. 14 Migraion in Malta: Country Proile 2015 Figure 14 displays the number of third-country naionals by gender in Malta from 2009 to 2013. In this case, however, the number of male thirdcountry naionals remains higher than that of female third-country naionals, leaving a signiicantly wider margin between the two genders. The number of male third-country naionals reached a minimum of 3,656 in 2010 and a maximum of 5,532 in 2013, while the number of female third-country naionals was at its minimum of 2,753 in 2010 and at its maximum of 4,094 in 2013. In terms of gender consideraions, it should be pointed out that the majority of asylum-seekers arriving by boat from the African coninent have consistently been male. This gender gap could be explained by the fact that this paricular group has to engage in longer distance travelling, in most cases without legal or safe channels to arrive at its desinaion or ways to do so. In this regard, research has demonstrated that, especially in the case of forced migraion and asylum lows, women may face more challenges – raising the funds for travel, being primary caregivers and responsible for children or accessing smugglers’ networks – which, as an addiional obstacle, tend to be male dominated. Figure 14: Number of non-European Union naionals by gender Source: Eurostat, 2015. Figure 15 presents the data provided in Figures 13 and 14 by breaking down the total number of migrants in Malta both by gender, as well as by broad category of ciizenship. This data demonstrates that female third-country naionals consistently make up the smallest subset of the migrant populaion, while male naionals make up the largest one, with the excepion of 2012, when the number of female naionals was marginally higher than that of male naionals. Migraion in Malta: Country Proile 2015 15 Figure 15: Stock data: Migrants by broad category of ciizenship and by gender Third-country naional females Third-country naional males Source: Eurostat, 2015. Figure 16 complements the preceding one in highlighing that, as the smallest subset, female third-country naionals made up 18 per cent of the total migrant populaion, whereas male European Union naionals made up the largest subset, amouning to 29 per cent of the migrant populaion in Malta. Figure 16: Percentages of the total populaion of migrants broken down by broad category of ciizenship and gender Source: Eurostat, 2015. A.2.5. breakdown by broad category of citizenship Stock data compiled from the Naional Census published in 2011 indicates that, at the ime, 35,116 individuals lived in Malta, albeit their country of birth was not Malta. This amounts to 8.4 per cent of the total populaion. Looking closely at the further subdivision provided by Figure 17, it becomes apparent that those born in the United Kingdom consitute by far the largest group (30%), relecing Malta’s colonial history and the Briish legacy in many aspects of the 16 Migraion in Malta: Country Proile 2015 contemporary Maltese society, as well as Maltese emigraion to the United Kingdom. Collecively, these factors have ensured a coninuaion of transnaional relaionships and inluence. Persons born in Australia, in turn, make up 12 per cent of the individuals living in Malta whose country of birth was not Malta, relecing the high levels of Maltese emigraion to Australia post-World War II. Those born in “other countries”, namely non-European countries and countries not otherwise explicitly menioned (including countries in Asia and Africa but excluding Somalia), make up 19 per cent of the total populaion of individuals living in Malta whose country of birth was not Malta. Figure 17 illustrates this by highlighing the country of birth as a percentage of the total populaion. Figure 17: Migrants by country of birth Russian Federaion Source: 2011 Naional Census, Naional Staisics Oice (NSO). Figure 18 provides a breakdown of migrants by ciizenship in the last year for which data is available, namely, 2013. While evaluaing this igure, it is important to keep in mind that in 2013, immigraion from non-European Union countries was slightly higher than immigraion from European Union countries. Migraion in Malta: Country Proile 2015 17 Figure 18: Breakdown by ciizenship, 2013 Source: Eurostat, 2015. Figure 19 divides the arrivals from non-European Union countries by the development ranking of the country of ciizenship.6 There is quasi-parity among the number of non-European Union migrants arriving from less developed, medium developed and highly developed countries, although the number of migrants arriving from less developed countries is slightly higher than from the other two categories of countries. The prevalence of less developed countries can be explained by referring to the countries of origin of asylum-seekers, who arrive predominantly from sub-Saharan Africa. Figure 19: Percentages of non-European Union, non-EFTA and non-candidates States’ migrants by level of development of the country of ciizenship Source: Eurostat, 2015. 6 The development ranking uilized by Eurostat is that of the Human Development Index (HDI), which is calculated according to staisical measures of life expectancy, literacy, educaion and GDP per capita. It is calculated by the United Naions under the United Naions Development Programme, and measures a country’s average achievements by health, knowledge and a decent standard of living. Eurostat uses the 2006 HDI classiicaion as the basis for data collecion on countries by level of development. 18 Migraion in Malta: Country Proile 2015 Figure 20: Migrants by country of birth and sex Russian Federaion Source: Eurostat, 2015. In most migrant communiies in Malta, the female populaion is marginally higher than that of their male counterparts. As illustrated in Figure 20, the excepions to this are Italy, Somalia and “other countries”, where one notes a marked discrepancy between the number of males and females, with males making up 67 per cent, 76 per cent and 58 per cent of the total number, respecively, and in the case of the Russian Federaion where the number of women is signiicantly larger than that of men, and the gap wider than for any other community. The situaion of migrants from Somalia is paricularly worth noing; while the number of females remains considerably lower than that of males, recent years have seen a marked increase in the number of Somali women arriving in Malta, relecing also a general trend of an increasingly higher percentage of asylum-seekers being female. In addiion to the stock data provided above, Figure 21 presents the low data of immigraion to Malta between 2007 and 2013. It highlights a decline in the overall arrivals between 2007 and 2011 and, speciically, a sharp decline in 2010. The igures were on the increase again in 2012 and 2013. Migraion in Malta: Country Proile 2015 19 Figure 21: Flow data: Immigraion to Malta, 2007–2013 Source: Eurostat, 2015. Figure 22 presents the comparison between European Union naionals and third-country naionals within the context of migrant arrivals. Overall, the low of migraion arrivals of third-country naionals was marginally higher than that of European Union naionals, with the excepion of 2010, when the number of arrivals for third-country naionals dropped drasically. Figure 22: Flow data: Annual immigraion to Malta by European Union naionals and thirdcountry naionals Third-country naionals Source: Eurostat, 2015. A.2.6. Residence permits by reason Figure 23 depicts the issuance of irst residence permits (that is, not renewals) by reason given. It is evident that remunerated aciviies account for a considerable percentage of residence permits issued, as do those classiied as “other” reasons. The later trend is explained by the inclusion of beneiciaries of internaional protecion under the category of “other” reasons. It is also worth noing that a relaively high number of permits are issued for family reasons. The 20 Migraion in Malta: Country Proile 2015 spike in these igures in 2008 relects the enactment of the Family Reuniicaion Regulaions (by virtue of Legal Noice 150 of 2007) the year before. Figure 23: Flow data: First residence permits Issued by reason Source: Eurostat, 2015. Figure 24: Stock data: Number of valid residence permits at the end of each calendar year, 2008–2013 Source: Eurostat, 2015. Figure 24 illustrates the number of residence permits that remained valid at the end of each calendar year between 2008 and 2013. The data depicts that, during this period, the highest number of valid permits had been granted Migraion in Malta: Country Proile 2015 21 for reasons of remunerated acivity, whereas – with the excepion of 2013 – the lowest number had been granted for educaion reasons. When contrasted to the data in Figure 23, this demonstrates that, despite the low number of arrivals of migrants who have been granted residence permits for reasons of inancial remuneraion in recent years, this group sill makes up a signiicantly large percentage of migrants in possession of valid residence permits in Malta. As illustrated in Figure 25, at a minimum of 41.6 per cent and a maximum of 50.2 per cent, the percentage of residence permits granted for purposes of remunerated acivity remains higher than the percentages of those issued for family, educaion, or other reasons, with the excepion of 2012, when “other” reasons accounted for a majority of 47 per cent. Figure 25: Stock data: Percentage of valid residence permits at the end of each calendar year, 2008–2013 (per cent) Source: Eurostat, 2015. A.3. undocumented arrivals Figure 26 presents the total number of undocumented arrivals by boat between 2002 and 2014. One noteworthy aspect is a signiicant spike in boat arrivals in 2008, and severe dips in 2010 and 2014. In 2015, this trend coninues with only 99 boat arrivals by the end of September 2015.7 7 UNHCR Malta, Malta Asylum Trends Real Time: Boat Arrivals/ Rescued 2015. Available from www.unhcr.org. mt/charts/category/12/year/8 22 Migraion in Malta: Country Proile 2015 Figure 26: Boat arrivals, 2002–2014 Source: UNHCR Malta, 2015. The reasons for the increase in 2008 may be varied and include, inter alia, the proliferaion of ever more organized smuggling networks and the increasing importance of Libya as a country of transit. Malta’s extensive search and rescue region and its related obligaions are also a factor contribuing to these igures. The 2014 decrease is arguably the result of the Mare Nostrum operaion, part of which involved the Italian authoriies disembarking rescued persons on the Italian territory. The staisics relect a signiicant disparity in terms of gender of the boat arrivals. From 2001 to 2014, the number of males is predominantly higher than that of females; however, one notes again a relaively steady increase in the number of women arriving in Malta every year. The gender gap in numbers is presented in Figure 27. Figure 27: Flow data: Boat arrivals by gender, 2001–2014 Source: UNHCR Malta, 2015. Migraion in Malta: Country Proile 2015 23 Figure 28 presents the number of females arriving by boat over the period 2001–2014, while Figure 29 presents the igures of women and girls as a percentage of boat arrivals and demonstrates that 2012 saw the highest percentage of females forming part of boat arrivals (22%). Figure 28: Flow data: Number of women in boat arrivals, 2001–2014 Source: UNHCR Malta, 2015. Figure 29: Percentage of girls and women in total number of boat arrivals, 2001–2014 Source: UNCHR Malta, 2015. Figure 30 depicts the number of boat arrivals divided by region of origin. It is noted that East Africa is the key region of origin of undocumented arrivals in Malta. 24 Migraion in Malta: Country Proile 2015 Figure 30: Boat arrivals by category of coninent, 2013 Source: NSO, 2015. Figure 31 illustrates the number of third-country naionals found to be in an undocumented situaion in Malta. It is perinent to clarify that, in the case of asylum-seekers, these staisics refer to the status upon ideniicaion at the point of entry. Once an irregular migrant applies for asylum, thus becoming documented, the removal order is suspended; the migrant’s status is efecively regularized, pending the outcome of the asylum decision. As the indings of this report indicate, the majority of asylum-seekers are granted a form of internaional protecion. Figure 32 demonstrates the number of migrants ordered to leave Malta, including migrants whose request for asylum were rejected (that is, the removal order was reinstated) and other third-country naionals found to be residing in Malta in an irregular manner. Migraion in Malta: Country Proile 2015 25 Figure 31: Third-country naionals found to be in an undocumented situaion, 2008–2014 Source: Eurostat, 2015. Figure 32: Number of third-country naionals ordered to leave, 2008–2014 Source: Eurostat, 2015. Figure 33 presents the numbers of third-country naionals who were forcibly returned following an order to leave. 26 Migraion in Malta: Country Proile 2015 Figure 33: Third-country naionals returned following an order to leave, 2008–2014 Source: Eurostat, 2015. The IOM Mission in Malta plays an acive role in the area of AVRR. Since 2009, under the ive phases of the AVRR project RESTART – implemented by IOM Malta in partnership with the MHAS – 271 returnees (RESTART I – 25; RESTART II – 65; RESTART III – 73; RESTART IV – 75; RESTART V – 33) have been assisted to return from Malta to over 15 countries of origin, mostly in sub-Saharan Africa and Asia.8 Figure 34 demonstrates the number of returnees assisted per year under the aforemenioned projects. IOM Malta has also been implemening projects aimed at strengthening cooperaion between relevant Maltese authoriies and their counterparts in sub-Saharan African countries with the aim of increasing awareness of the challenges and potenials linked to AVRR and enhancing the efeciveness of the AVRR process in all its dimensions. The project “Enhanced Cooperaion between Malta and Migrants’ Countries of Origin: Lessons Learned and Sharing of Experience with Other European Countries”, implemented between July 2014 and June 2015, was a coninuaion of two successfully completed phases of the project “Cooperaion between Malta and African Countries to Enhance Migraion Dialogue and Development”. 8 IOM Malta data as of 30 November 2015. Migraion in Malta: Country Proile 2015 27 Figure 34: Assisted voluntary returns from Malta Source: IOM, 2015. Dublin returns Figures 35 and 36 depict the number of individuals who returned to Malta under the Dublin Regulaions. It is noteworthy that the number of requested transfers to Malta decreased from 506 persons in 2010 to 118 persons in 2013. Moreover, Figure 36 shows the number of persons efecively sent back to Malta under the Dublin Regulaions. Figure 35: Dublin incoming requested transfers to Malta, 2008–2013 Source: Eurostat. 28 Migraion in Malta: Country Proile 2015 Figure 36: Dublin requested transfers and take back transfers to Malta, 2008–2013 Source: Eurostat. Persons granted internaional protecion may be eligible for relocaion to other European Union Member States, other countries outside the European Union, or resetlement to the United States. Figure 37 shows the igures of persons resetled and relocated since these opions have become available. In addiion to that and on the basis of the new European Union relocaion scheme, which has been agreed upon in 2015 through a qualiied majority vote in the context of the refugee crisis in the European Union, Malta is expected to plan for new arrivals.9 9 Council Decision (EU) 2015/1523 of 14 September 2015 establishing provisional measures in the area of internaional protecion for the beneit of Italy and Greece foresees the relocaion of 40,000 beneiciaries of internaional protecion from Italy and Greece to the other Member States (aricle 4). Each Member State is expected to idenify naional contact points, appoint liaison oicers to Italy and Greece and indicate the number of available relocaion places (art. 5 para. 1, 2 and 8). This decision is complemented by the subsequent Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of internaional protecion for the beneit of Italy and Greece, which provides for an addiional proporional relocaion of 120,000 persons in need of internaional protecion from Italy, Greece and any other Member State directly afected by a sudden inlow of foreign naionals (aricle 4). According to data of the European Commission (2016, p. 7), as of 12 January 2016, Malta has made available 131 places, although the relocaion scheme has not yet been implemented. Migraion in Malta: Country Proile 2015 29 Figure 37: Relocaion and resetlement from Malta, 2005–2014 Source: UNHCR. A.4. Asylum-seekers In popular and poliical discourse, migraion, irregular migraion and asylum are oten conlated. In pracice, most of the migrants who have arrived in Malta by boat have submited applicaions for asylum. Figure 38 depicts the number of asylum applicaions iled in Malta between 2004 and April 2015. The luctuaions in the number of applicaions relect, in part, the luctuaions in the number of irregular boat arrivals but also include applicaions from other modes of arrival. Figure 38: Asylum applicaions in Malta, 2004–April 2015 Source: UNHCR Malta, 2015. 30 Migraion in Malta: Country Proile 2015 Figure 39 depicts statuses granted to asylum applicants in Malta in 2014. It is noteworthy that subsidiary protecion was granted in most cases, while refugee status was only granted to 10 per cent of applicants. A signiicant number of applicants also received domesic forms of protecion – statuses that are currently not regulated under naional law, namely Temporary Humanitarian Protecion (THP) and Temporary Humanitarian Protecion New (THPN) which, by policy, provide the same enitlements as subsidiary protecion. The year 2014 marked a signiicant increase in the percentage of persons being recognized as refugees, as opposed to being granted subsidiary protecion, a trend that has coninued throughout 2015.10 The changes in the number of persons granted internaional protecion are a relecion of the changes in the countries of origin of persons who were granted internaional protecion.11 More speciically, a correlaion is suggested between the increase in refugee statuses and the increase of asylum applicaions by Libyan and Syrian naionals, a trend that has been coninuing throughout 2015.12 Figure 39: Granted statuses in Malta, 2014 Source: UNHCR Malta, 2015. Figure 40 shows the percentage of asylum-seekers that were granted a form of protecion, the rejected applicaions and the closed cases in 2014. It is worth highlighing that 64 per cent of asylum applicants were granted a form of protecion. C.M. Cassar and J.P. Gauci, Malta Human Rights Report 2015, 2nd Ediion (People for Change Foundaion, Malta). Available from www.pfcmalta.org/malta-human-rights-report-2015.html 11 Ibid. 12 Ibid. 10 Migraion in Malta: Country Proile 2015 31 Figure 40: Percentage of granted protecion in Malta, 2014 Source: UNHCR Malta, 2015. Figure 41 presents the numbers of asylum-seekers granted protecion in the last 10 years. It conirms that more than half of the granted statuses were in the form of subsidiary protecion. Approximately one third of applicaions are rejected, while refugee status was the least common form of granted protecion. Figure 41: Total granted protecion in Malta, 2004–2014 Source: UNHCR Malta, 2015. Furthermore, Figure 42 shows the decisions of the Refugee Commissioner by the type of granted internaional protecion between 2012 and April 2015. Subsidiary protecion was the most common one, while rejecion was the second most common decision of asylum applicaions. Moreover, one notes an increase in the number of persons recognized as refugees in the last two years, partly relecing the shiting trends with regards to the countries of origin. 32 Migraion in Malta: Country Proile 2015 Figure 42: Granted statuses in Malta by type, 2012–April 2015 Source: UNHCR Malta, 2015. A.5. internal migration The size of Malta renders the noion of internal migraion somewhat superluous. However, it is interesing to study the degree of inter-island movement, namely from Gozo to Malta and from Malta to Gozo. The former is based primarily on the existence of greater employment, as well as educaion opportuniies in Malta. For example, research conducted in 2011 suggests that many Gozitan young people are forced to make the move to Malta to coninue their studies and/or ind employment.13 Conversely, a number of Maltese people have established residence in Gozo, oten ater reirement or in the form of an apartment used on weekends. 13 A. Azzopardi, Young People in Gozo, A Study – 2 (OASI Publicaions, Gozo, Malta, 2011); See also: Ministry for Educaion and Employment Policy, Naional Employment Policy, May 2014, Secion 12.1, p. 103 f. Migraion in Malta: Country Proile 2015 33 A.6. Acquisition of citizenship The number of foreign naionals acquiring Maltese ciizenship increased considerably over recent years. Indeed, Figure 43 indicates that between 2007 and 2012, the numbers almost doubled. Figure 43: Acquisiion of ciizenship, 1999–2012 Source: Eurostat, 2015. Figure 44 depicts the acquisiion of ciizenship by previous naionality, suggesing that third-country naionals consituted the greatest number of foreign naionals who acquired Maltese ciizenship between 2007 and 2012. Contrary to popular belief, Maltese ciizenship is not granted to children born in Malta to parents who applied for asylum in the country. Rather, the increase in the number of foreign naionals acquiring Maltese ciizenship can be explained by referring to the reforms to the Ciizenship Act, whereby, in 2007, dual ciizenship was extended to second-generaion Maltese born outside Malta. On the other hand, the procedure for the acquisiion of Maltese ciizenship, as well as the eligibility criteria for ciizenship by naturalizaion have been described as being unclear. Recently, the Government of Malta introduced the Individual Investor Programme (IIP) designed to facilitate the graning of Maltese ciizenship to foreign investors and their dependants,14 a decision subject to naional and internaional criicism.15 14 15 See in this regard: Individual Investor Programme. Available from htp://iip.gov.mt/ S. Carrera (2014), “How much does European Union ciizenship cost? The Maltese ciizenship-for-sale afair: A breakthrough for sincere cooperaion in ciizenship of the union?”, Liberty and Security in Europe, 64. Available from www.ceps.eu/system/iles/LSE%20No%2064%20Price%20of%20EU%20Ciizenship%20 inal2.pdf; See also: M. Dalli, “IIP / Brussels contemplaing infringement proceedings against Malta”, Malta Today, 18 January 2014. Available from www.maltatoday.com.mt/printversion/33227/#.VuaLYPl96Uk 34 Migraion in Malta: Country Proile 2015 Figure 44: Acquisiion of naionality by previous ciizenship, 2009–2012 Unknown Source: Eurostat, 2015. Migraion in Malta: Country Proile 2015 35 PARt b: MigRAtiON iMPACt The following secion examines how the Maltese context has been impacted by migraion. The analysis addresses a number of key topics, namely the following: (a) human development; (b) poverty and social exclusion; (c) employment and the labour market; (d) social development; (e) educaion; (f) health; and (g) environment. b.1. human development As relected in Figure 45, Malta’s Human Development Index (HDI) has grown steadily from 1980 to 2013. During this period, Malta witnessed a marked improvement with regards to a number of human development indicators: for instance, life expectancy at birth increased by 6.8 years, mean years of educaion increased by 2.9 years, and expected years of schooling increased by 2.0 years, whereas Malta’s general naional income per capita increased by about 104.2. The islands’ progress has been consistent. In 2013, Malta was ranked 39 out of 187 countries and territories in terms of HDI. However, in today’s increasingly globalized world, migraion dynamics are complex, paterns shit at an ever faster rate, and Malta is not immune to this trend. Figure 45: Malta’s Human Development Index, 1980–2013 Source: United Naions, 2015. Migraion in Malta: Country Proile 2015 37 b.2. Risk of poverty and social exclusion Naional plans on social protecion and social inclusion apply to migrants, especially third-country naionals and beneiciaries of protecion, as one of the categories at risk and thus one of the target populaions for measures to combat social exclusion. Figure 46 provides staisics in this regard, focusing on the overall foreign populaion in Malta. One notes that the percentage of foreign populaion in Malta at risk of poverty and social exclusion, under various headings, was on the increase between 2005 and 2013, peaking signiicantly in 2010, ater a dip in igures in 2009. Figure 46: Foreign populaion at risk of poverty or social exclusion, 2005–2013 Source: Eurostat, 2015. b.3. Employment and labour market Figure 47 depicts the acivity rate of Maltese naionals, European Union naionals and third-country naionals between 2006 and 2014. The acivity rate of foreign naionals, in relaion to that of Maltese naionals, increased steadily between 2006 and 2014. Among the foreign naionals, the acivity rate of thirdcountry naionals saw the greatest increase from 51.1 per cent in 2006 to 69.6 per cent in 2014. It is noteworthy, in this regard, that the Government of Malta 38 Migraion in Malta: Country Proile 2015 is planning for the establishment of an Immigraion Work Oice in order to address the issue of illegal job-seeking by migrants and ofer them temporary employment.16 However, a number of researchers have highlighted the lack of consistency in the way staisics and data with regards to migrant workers is being analysed, emphasizing the need for a more nuanced and in-depth understanding of migraion research in Malta.17 Figure 47: Acivity rate by broad category of ciizenship, 2006–2014 Source: Eurostat, 2015. Figure 48 provides an overview of the annual net earnings of all foreigners in Malta from 2004 to 2012, the rate of which was steadily increasing. Ministry for Finance, Budget Document 2016, p. 46, para. 4.4. Available from htps://min.gov.mt/en/TheBudget/Pages/The-Budget-2016.aspx. See also “Consultaion on Immigraion Work Oice”, Times of Malta, 12 October 2015. Available from www.imesofmalta.com/aricles/view/20151012/local/consultaion-onimmigraion-work-oice.587958 17 See for example M. Debono, Malta: The occupaional promoion of migrant workers (Centre for Labour Studies, Malta, 2009). Available from www.eurofound.europa.eu/observatories/eurwork/comparaiveinformaion/naional-contribuions/malta/malta-the-occupaional-promoion-of-migrant-workers 16 Migraion in Malta: Country Proile 2015 39 Figure 48: Annual net earnings, 2004–2012 Source: Eurostat, 2015. Figure 49 below depicts the number of new residence permits for remunerated aciviies issued to foreign naionals in Malta between 2008 and 2013, suggesing a slight drop in numbers in 2009 and 2010, followed by increases in 2012 and 2013. Figure 49: New residence permits for remunerated aciviies, 2008–2013 Source: Eurostat, 2015. Figure 50 presents the total number of valid residence permits for every year between 2008 and 2013, although not necessarily issued during that year. One notes a steady increase in the number of permits over the years. 40 Migraion in Malta: Country Proile 2015 Figure 50: Total valid residence permits, 2008–2013 Source: Eurostat, 2015. b.4. Social security Figure 51: Social security expenditure on third-country naionals and refugees, 2008–2013 Source: NSO, 2015. Figure 51 shows social security expenditure on third-country naionals and refugees in Malta for the period 2008–2013. This decline in spending is interesing, considering that overall expenditure on social security in Malta was on the increase over the same period. Figure 52 illustrates expenditure on third-country naionals and refugees as a percentage of total social security expenditure. It is notable that the percentage decreased from 0.96 in 2009 to 0.45 in 2013. Migraion in Malta: Country Proile 2015 41 Figure 52: Social security expenditure on third-country naionals and refugees as a percentage of total, 2008–2013 Source: NSO, 2015. b.5. Education In 2013, there were a total of 779 foreign students registered in Maltese schools; among them, 408 European Union naionals and 371 thirdcountry naionals. Figure 53 provides the breakdown of this number by broad category of ciizenship. Contrary to popular discourse, it is interesing to note the divide between European Union naionals and non-European Union naionals, with European Union naionals making up 53 per cent of the total number of registraions and non-European Union naionals making up 48 per cent. Increasing diversity within Maltese schools, paricularly in certain areas of Malta, where there appears to be a higher percentage of migrants living within a given locality, has received considerable atenion over the past few years. Related challenges include working in a mulilingual, muli-ethnic classroom, working with new migrant trajectories, as well as providing orientaion for new students and their families or carers. More recently, a number of new iniiaives have been introduced to address these challenges. For example, 2014 saw the introducion of Ethics as a subject for students in State schools who prefer not to study religion (understood as Catholicism). 42 Migraion in Malta: Country Proile 2015 Figure 53: Foreign student registraion in Maltese schools by broad category of ciizenship, 2013 Source: Eurostat, 2015. Research carried out in a diferent context (health care) and focusing on asylum-seekers living within the open and closed centres also assessed the level of educaion.18 The results, based on a total of 2,216 respondents, are illustrated in Figure 54 below. It should be noted that the “incomplete primary” category refers to anyone who has completed less than ive years of primary educaion and, therefore, includes 197 children who are sill in the educaion system and atending school. While the indings demonstrate a broad spectrum of educaional experiences and levels of atainment, the results also highlight a high level of illiteracy among residents in the open centres. This is oten due to the condiions in countries of origin that many of the asylum-seekers had let behind. In the case of Somalia, for example, a long and protracted civil war lead to the complete destrucion of the educaion system, thus limiing educaional opportuniies for the majority of young people growing up in Somalia over the past 20 years. Lack of educaion, language and literacy skills (that further intersects with, inter alia, gender, ethnicity and age) also impacts on access to employment and the resources necessary to move out of the open centres, thus reproducing social exclusion.19 V. Padovese et al. (2013), Migraion and determinants of health: Clinical epidemiological characterisics of migrants in Malta (2010–11), Journal of Public Health, 36(3):368–374. 19 See for example M. Pisani (2012), Addressing the ‘ciizenship assumpion’ in criical pedagogy: Exploring the case of rejected female sub-Saharan African asylum-seekers in Malta, Power and Educaion, 4(2). 18 Migraion in Malta: Country Proile 2015 43 Figure 54: Educaion level of asylum-seekers Source: Padovese et al., 2013. health There is very litle data and assessment of issues of migraion and health in Malta.20 What is available is limited to the situaion of asylum-seekers and largely of those living within insituional accommodaion (that is, either closed or open centres). For instance, Table 1 provides the number of hospital admissions of asylum-seekers by reason for 2011 and 2012. Table 1: Number of hospital admission by reason of asylum-seekers, 2011–2012 Number of admissions Department 2011 2012 Accident and Emergency 6 17 Anaesthesia 1 0 Cardiac Services 0 3 Dental 0 3 62 79 Medicine Neurosciences 2 5 92 87 3 4 Orthopaedics 11 14 Paediatrics 18 11 Surgery 43 53 238 276 Obstetrics and Gynaecology Ophthalmology Total Source: Department of Health, Government of Malta, 2015. 20 See, for example, Eurostat (2015), Healthcare staisics. Available from htp://ec.europa.eu/eurostat/ staisics-explained/index.php/Healthcare_staisics 44 Migraion in Malta: Country Proile 2015 On the basis of a set of indicators, the latest ediion of the Migrant Integraion Policy Index (MIPEX) found that Malta’s migrant health policy creates both opportuniies and obstacles to properly treat migrant paients. Many categories of migrants lack clear enitlements to health-care coverage in Malta. On the other hand, migrants who are able to access or pay for healthcare coverage will ind that a number of services have become more accessible and responsive to their speciic health needs, thanks to the acions led by the Migrant Health Liaison Oice since 2008. According to MIPEX, these changes have made services at least halfway accessible and responsive, which is typical for the average Western European country.21 A clinical research study was conducted in the framework of the European Union project “Mare Nostrum”.22 Out of the 2,216 migrants included in the study, 82.7 per cent were males, their mean age was 25 years, and 70.1 per cent were from Somalia. Out of the total females, 42.5 per cent had undergone some type of female genital muilaion. A total of 5,077 diagnoses were set. As illustrated in Figure 55, the most commonly diagnosed were skin diseases (21.9%), respiratory diseases (19.8%) and gastroenteric diseases (14.2%). 31 per cent of migrants reported good health condiions. Furthermore, the research found that the health condiion of migrants residing in the open centres was mostly related to environmental factors, including poor hygiene, overcrowding and dampness. The research also called for an improvement in migrants’ living condiions. 21 22 See www.mipex.eu/malta Padovese et al., 2013. Migraion in Malta: Country Proile 2015 45 Figure 55: Distribuion of diagnosis by categories Source: Padovese et al., 2013. Furthermore, research carried out by the European Union Fundamental Rights Agency (FRA) as part of its Minoriies and Discriminaion Survey found that 17 per cent of respondents from Malta (of African origin) had experienced discriminaion by a health-care professional in the 12 months immediately preceding the interview.23 b.7. Environment Malta is the most densely populated country in Europe. This, combined with Malta’s small size, is oten used as a jusiicaion for ani-immigrant statements. However, to date, no assessments of the potenial impact of migraion on the Maltese environment have been carried out. Certainly, given Malta’s size and populaion density, over the past 12 years, the number of arrivals of migrants to 23 European Union Minoriies and Discriminaion Survey (EU-MIDIS): Main Results Report (European Union Agency for Fundamental Rights, Vienna, 2009). Available from htp://fra.europa.eu/sites/default/iles/eumidis_technical_report.pdf 46 Migraion in Malta: Country Proile 2015 Malta has been considerable. In 2013, for example, Malta recorded the highest number of asylum-seekers compared to naional populaion (20.2 applicants per 1,000 inhabitants). However, as previously noted, the majority of asylum-seekers arriving in Malta over the past few years appear to have let the islands, whereas the majority of migrants living in Malta are European Union ciizens.24 This would suggest that, if a meaningful discussion is to be held on the environmental impact of migraion, it would necessarily need to relect the actual scenario and thus to consider the impact of European Union migraion, the broader third-country naional populaion, and the impact of schemes such as the Malta Investment Programme. Issues related to, inter alia, the development of more residences and high-rise buildings in popular coastal areas, poverty and the development of ethnic clusters in deprived urban areas are also of paricular relevance in this context. 24 UNHCR Malta (2014) states that based on UNHCR esimates, less than 30 per cent of the around 19,000 individuals who arrived in Malta by boat remained in Malta. Migraion in Malta: Country Proile 2015 47 PARt C: MigRAtiON gOvERNANCE At the naional level, the last decade has seen extensive legislaive, policy and insituional developments aimed at managing migraion lows, most notably relaing to the arrival of asylum-seekers and irregular migrants via the mariime routes. Two speciic aspects have had a major impact on the migraion governance model in this regard. First, inward forced migraion, paricularly of sub-Saharan asylum-seekers leaving the North African coast, was a new reality for Malta in the early 2000s and one that required considerable replanning of some of its migraion management opions. Second, Malta’s accession to the European Union in 2004 meant that a number of legislaive and policy developments had to be put in place in order to meet the requirements of the European Union Asylum Acquis. European Union membership involved the creaion of a new system for dealing with migraion from other European Union Member States, the adopion of an array of migraion and asylum laws, as well as the development of the infrastructure to meet the requirements of membership in the Schengen area. This secion provides an overview of the legislaion regulaing migraion in Malta, as well as the policy and insituional framework. C.1. legislation Migraion into Malta is regulated by a number of legal instruments, most notable among which is the Immigraion Act and subsidiary legislaion issued under it, the Refugee Act and its subsidiary legislaion, and the European Union Act and subsidiary legislaion emanaing from it. The issue of naturalizaion is addressed under the Ciizenship Act. C.1.1. Emigration There are no laws regulaing emigraion from Malta, except in so far as emigraion occurs in an irregular manner or in the context of human traicking or otherwise for the purposes of prosituion. Migrant smuggling out of Malta is also a criminal ofence. These later cases are considered under the Maltese Criminal Law, most notably the Criminal Code and the White Slave Traic Ordinance.25 Furthermore, a number of other laws impact on the rights of Maltese emigrants 25 Criminal Code, Chapter 9 of the Laws of Malta, aricles 204, 205, 208AB, 248A–248G, 337A; White Slave Traic (Suppression) Ordinance, Chapter 63 of the Laws of Malta, aricle 3. Migraion in Malta: Country Proile 2015 49 abroad, including the possibility of dual ciizenship.26 A law seing up a Council for Maltese living abroad was enacted in 2011 and is discussed below. C.1.2. Return migration Malta does not have speciic legislaion regulaing return migraion. However, the Immigraion Act sipulates that Maltese naionals are exempted from all the immigraion law requirements and are therefore free to re-enter and re-establish themselves in Malta without any hindrance.27 C.1.3. immigration The Immigraion Act, Chapter 217 of the Laws of Malta, provides the primary basis of immigraion legislaion in Malta. The act includes a number of provisions regarding the following: • The appointment, funcions and competences of the Principle Immigraion Oicer and the Immigraion Appeals Board (aricles 3, 6, 25A and 27); • The categories of persons exempt from immigraion requirements (aricle 4); • The naional implementaion of the relevant European Union Treaies and the Schengen acquis, most notably with regards to the free movement of persons (aricle 4A); • The deiniion and regulaion of the situaion of prohibited migrants, including issuance and efects of removal and deportaion orders (aricles 5, 14 and 22); • The possibility of detenion as a migraion control measure, and the power of the minister responsible for Immigraion to establish a detenion service (aricles 10, 22 and 34); • The issuance and condiions of residence permits and visas (aricles 7 and 8); • Carrier sancions (aricle 15); • The mutual recogniion of expulsion orders issued in other European countries (aricle 23); and • A series of immigraion related ofences and the relevant penalies (aricle 32). 26 27 Maltese Ciizenship Act, Chapter 188 of the Laws of Malta, aricles 7, 9. Immigraion Act, Chapter 217 of the Laws of Malta, aricle 4(1)(a). 50 Migraion in Malta: Country Proile 2015 The Act is supplemented by a series of subsidiary legislaion, including the Immigraion Regulaions.28 The later are based on their direct equivalents under the European Union Law and cover migraion for speciic purposes, including migraion for the purposes of study, research, as well as highly skilled migraion and the issuance of the European Union Blue Card. At the ime of wriing, the Immigraion Act was under review. C.1.4. European union nationals Naionals of other European Union Member States enjoy freedom of movement in Malta. The Immigraion Act grants the power to the Minister responsible for Immigraion to issue regulaions giving efect to relevant European Union legislaion or to any Border Agreement to which Malta may be a party, and in paricular with regards to the right of naionals of other European Union Member States to reside and work in Malta.29 The regulaion that deserves speciic menion is the Free Movement of European Union Naionals and their Family Members Order.30 This order implements, inter alia, the provisions of Direcive 2004/38/EC of the European Parliament and of the Council of the 29 April 2004.31 This order applies to all Union ciizens, other than Maltese naionals, who move to or reside in Malta, as well as to their family members or other family members as deined in the order, who accompany or join them. C.1.5. long-term residence Access to long-term residence is regulated by the Immigraion Act and the Status of Long-Term Residents Regulaions.32 The stated purpose of these regulaions is to implement the provisions of Council Direcive 2003/109/EC concerning the status of third-country naionals who are long-term residents and Direcive 2011/51/EU, which extended the provisions of the later to persons granted internaional protecion.33 The aforemenioned regulaions determine the terms for conferring and withdrawing long-term resident status See Annex V. Immigraion Act, Chapter 217 of the Laws of Malta, aricle 4A. 30 S.L. 460.17, L.N. 191/2007, Free Movement of European Union Naionals and their Family Members Order, 2007. 31 Direcive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of ciizens of the Union and their family members to move and reside freely within the territory of the Member States. 32 Immigraion Act, Chapter 217 of the Laws of Malta, aricles 4A, 7, 25A; S.L. 217.05, L.N. 278/2006, Status of Long-term Residents (Third-country Naionals) Regulaions, 2006, as amended by L.N. 370/2010 and L.N. 197/2014, aricles 4, 6, 8, 9 and 13. 33 Council Direcive 2003/109/EC of 25 November 2003 concerning the status of third-country naionals who are long-term residents, as amended by Direcive 2011/51/EU of the European Parliament and the Council of 11 May 2011 amending Council Direcive 2003/109/EC to extend its scope to beneiciaries of internaional protecion. 28 29 Migraion in Malta: Country Proile 2015 51 granted in relaion to third-country naionals legally residing in Malta, as well as the rights pertaining thereto. Another issue taken into consideraion is the terms of residence of a third-country naional who was conferred the status of longterm resident in another European Union Member State. C.1.6. Human traficking Legislaion around the issue of human traicking is divided into the criminal law provisions and the immigraion law provisions. The former are enshrined in the Criminal Code that provides deiniions of the key terms and establishes the crime of human traicking, its aggravaing circumstances, as well as the jurisdicion of the Maltese courts to prosecute and convict the ofender.34 These provisions meet the requirements emanaing from the criminal law provisions in internaional and European instruments, including the Palermo Protocol, the Council of Europe (COE) Convenion on Acion against Traicking in Human Beings and the European Union Direcive 2011/36/EU on prevening and combaing traicking in human beings and protecing its vicims.35 The immigraion law provisions, enshrined in the Permission to Reside for Vicims of Traicking or Illegal Immigraion who Cooperate with the Maltese Authoriies Regulaions, provide for the graning of a relecion period and residence permit for traicked persons who cooperate with the authoriies.36 The provisions may be extended to smuggled migrants who similarly provide useful informaion to the authoriies. Both sets of provisions are related to the European Union legislaion in the area, as well as to the COE Convenion.37 C.1.7. Migrant smuggling Migrant smuggling is criminalized under the Maltese Criminal Code,38 which is based on the corresponding provisions of the Protocol against the Smuggling of Criminal Code, Chapter 9 of the Laws of Malta, aricles 248A–248G. Protocol to Prevent, Suppress and Punish Traicking in Persons Especially Women and Children, supplemening the United Naions Convenion against Transnaional Organized Crime (also known as the Palermo Protocol), 2000, United Naions Treaty Series No. 39574, aricle 5; Council of Europe Convenion on Acion against Traicking in Human Beings, 2005, Council of Europe Treaty Series No. 197, aricle 5; Direcive 2011/36/EU of the European Parliament and the Council of 5 April 2011 on prevening and combaing traicking in human beings and protecing its vicims, and replacing Council Framework Decision 2002/629/JHA, aricle 2. 36 Immigraion Act, Chapter 217 of the Laws of Malta, aricle 14; S.L. 217.07, L.N. 175/2007, Permission to Reside for Vicims of Traicking or Illegal Immigraion who Cooperate with the Maltese Authoriies Regulaions, 2007, aricles 3 and 5. 37 Council of Europe Convenion on Acion against Traicking in Human Beings, supra note 36, aricles 13 and 14; Direcive 2011/36/EU, supra note 36, aricle 11 para. 6; Council Direcive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country naionals who are vicims of traicking in human beings or who have been the subject of an acion to facilitate illegal immigraion, who cooperate with the competent authoriies, aricles 6 and 8. 38 Criminal Code, Chapter 9 of the Laws of Malta, aricles 337A and 337AA. 34 35 52 Migraion in Malta: Country Proile 2015 Migrants by Land, Sea and Air.39 The Criminal Code includes provisions regarding the content of the crime of migrant smuggling, the jurisdicion of the courts, the possibility of corporate liability, and the aggravaing circumstances of the crime. In line with the requirements of European Union law, the Maltese law also provides for the possibility of a residence permit for smuggled migrants who cooperate with the authoriies in the invesigaion and prosecuion of the smugglers. This possibility and the condiions thereof are enshrined in the Permission to Reside for Vicims of Traicking or Illegal Immigraion who Cooperate with the Maltese Authoriies Regulaions.40 C.1.8. Family reuniication The possibility of and the process towards family reuniicaion in Malta is regulated by the Family Reuniicaion Regulaions adopted in 2007.41 The purpose of these regulaions is to implement the provisions of the Council Direcive 2003/86/EC on the right to family reuniicaion.42 For the purposes of the regulaions, “family reuniicaion” refers to the entry into and residence in Malta by family members of a third-country naional residing lawfully in Malta in order to preserve the family unit, whether the family relaionship arose before or ater the resident’s entry. The regulaions include provisions regarding the eligibility and condiions for family reuniicaion, the applicaion process, criteria for exclusion, as well as the withdrawal or refusal to renew the relevant permit.43 C.1.9. Migration for the purpose of study Migraion of third-country naionals for the purpose of study is regulated by the Condiions of Admission of third-country naionals for the Purposes of Studies Regulaions, which were adopted in 2008.44 The purpose of these regulaions is to determine the condiions and rules for the admission of thirdcountry naionals to Malta for a period exceeding three months for the purpose Protocol against the Smuggling of Migrants by Land, Sea and Air, supplemening the United Naions Convenion against Transnaional Organized Crime (Smuggling of Migrants Protocol), 2000, United Naions Treaty Series No. 39574, aricle 6. 40 Permission to Reside for Vicims of Traicking or Illegal Immigraion who Cooperate with the Maltese Authoriies Regulaions, supra note 37, aricle 1 para. 2; Council Direcive 2004/81/EC, supra note 38, aricle 3 para. 2. 41 S.L. 217.06, L.N. 150/2007, Family Reuniicaion Regulaions, 2007. 42 Council Direcive 2003/86/EC of 22 September 2003 on the right to family reuniicaion. 43 See in this regard: Cassar and Gauci, 2015; Family Reuniicaion: Overview of the Legal Context, People for Change and Internaional Organizaion for Migraion, 2015. 44 S.L. 217.09, L.N. 29/2008, Condiions of Admission of third-country naionals for the Purposes of Studies Regulaions, 2008. 39 Migraion in Malta: Country Proile 2015 53 of study. They transpose Council Direcive 2004/114/EC requiring Member States to take measures relaing to the condiions of admission of third-country naionals for the purpose of study, pupil exchange, unremunerated training or voluntary services.45 The regulaions cover the condiions for entry under this specialized regime, the issues of mobility of students, the issuance of residence permits and their withdrawal or non-renewal, as well as procedural guarantees and transparency provisions. The regulaions also include provisions regarding the economic aciviies of students. C.1.10. Migration for the purposes of scientiic research Immigraion for the purposes of scieniic research is regulated by the third-country naionals for Scieniic Research Purposes (Speciic Admitance Procedure) Regulaions.46 The purpose of these regulaions is to determine the condiions for the admission of third-country naional researchers to Malta for a period of more than three months to carry out a research project under a hosing agreement with a research organizaion. These regulaions transpose the provisions of Council Direcive 2005/71/EC.47 The regulaions determine the scope of their applicaion, the approval of research organizaions, the admission of researchers, the issuance and withdrawal of residence permits, the rights of researchers while in Malta, as well as procedural safeguards provided herein. C.1.11. Return While the Immigraion Act includes provisions regarding the issuance of a removal and deportaion order, the details pertaining to the removal of prohibited migrants are established by the Common Standards and Procedures for Returning Illegally Staying TCN Regulaions.48 These regulaions transpose Direcive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country naionals, in accordance with fundamental rights as general principles of community law, as well as internaional law, including refugee protecion, human rights obligaions and the principle of non-refoulement. In paricular, the regulaions cover issues relaing to the issuance of the return decision, voluntary departure, enforced removal, Council Direcive 2004/114/EC of 13 December 2004 on the condiions of admission of third-country naionals for the purposes of studies, pupil exchange, unremunerated training or voluntary service. 46 S.L. 217.10, L.N. 102/2008, Third-Country Naionals for Scieniic Research Purposes (Speciic Admitance Procedure) Regulaions, 2008. 47 Council Direcive 2005/71/EC of 12 October 2005 on a speciic procedure for admiing third-country naionals for the purposes of scieniic research. 48 Immigraion Act, Chapter 217 of the Laws of Malta, aricles 14 and 22; S.L. 217.12, L.N. 81/2011, Common Standards and Procedures for Returning Illegally Staying TCN Regulaions, 2011, as amended by L.N. 15/2014. 45 54 Migraion in Malta: Country Proile 2015 issuance of entry bans, detenion of minors and families with minors.49 The regulaions also provide for special procedural safeguards. C.1.12.visa legislation In a number of areas, relevant European Union regulaions apply directly, including, for instance, the European Visa Code that is applied in Malta by the Central Visa Unit to which reference will be made later in this report. C.1.13. Access to citizenship The possibility and condiions for naturalizaion as a Maltese ciizen are regulated by the Ciizenship Act and subsidiary legislaion issued thereunder.50 The act does not difereniate between naionals and non-naionals of the European Union in terms of access to ciizenship. The Maltese law currently provides for the possibility of acquiring ciizenship by means of considerable investment. The relevant provisions are enshrined in the Individual Investor Programme Regulaions.51 It should be noted that, generally, concerns have been raised about Malta’s ciizenship legislaion.52 C.2. Policies There is very litle writen policy in the context of migraion governance in Malta. This notwithstanding, there are a number of trends that can be disinguished in the Maltese legal system. One area where policies have been adopted is human traicking, with the adopion of three subsequent Acion Plans on Combaing Traicking in Persons covering 2011–2012, 2013–2014 and 2015–2016, respecively.53 Direcive 2008/115/EC of the European Parliament and the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country naionals. 50 Maltese Ciizenship Act, Chapter 188 of the Laws of Malta, aricles 10–12. 51 S.L. 188.03, L.N. 47/2014, Individual Investor Programme of the Republic of Malta Regulaions, 2014, aricles 3–5. 52 See for example: European Commission against Racism and Intolerance (2013) ECRI Report on Malta, p. 7 and UNHCR’s submission to the scoping consultaion by the Government of Malta’s Ministry for Social Dialogue, Consumer Afairs and Civil Liberies, Towards a Robust Human Rights and Equality Framework, Submissions Report (Ministry for Social Dialogue, Consumer Afairs and Civil Liberies, Valleta, Malta, 2014), p. 8. 53 Ministry for Home Afairs and Naional Security, Traicking in Human Beings (n.d.). Available from htps:// homeafairs.gov.mt/en/MHAS-Informaion/Pages/Human-Traicking.aspx# 49 Migraion in Malta: Country Proile 2015 55 In 2005, the then Ministry for Jusice and Home Afairs (currently the MHAS) and the Ministry for the Family and Social Solidarity published the irst policy document in relaion to integraion of migrants in Malta, which was speciically related to asylum-seekers.54 This policy document is now obsolete and rarely referred to in contemporary policy discourse and service provision. As the arrivals of asylum-seekers (predominantly by air) coninue and the makeup of the arrivals becomes more diverse, the insituional setup and service provision coninues to evolve in order to cater for the changing trends. Despite this, the need for a more comprehensive integraion policy, which would include the broader migrant populaion in Malta, remains. At the ime of wriing, Malta did not have an integraion policy, although a consultaion had been undertaken for the development of an integraion strategy.55 As the indings of this research demonstrate, and indeed, as has been reported elsewhere, more work needs to be done in relaion to developing a long-term strategy for integraion in Malta.56 In order to ensure an inclusive society, the engagement of migrants themselves in the development of such a policy is necessary. Furthermore, evidence-based research that provides a more nuanced understanding of the local context is paramount in order to ensure that policy is grounded in the present-day realiies and relects the diverse and mulifaceted nature of the migrant populaion in Malta. Regarding the issue of detenion of asylum-seekers and irregular migrants arriving in Malta, the Government of Malta reviewed its past policy and shited to a new strategy itled Strategy for the Recepion of Asylum-Seekers and Irregular Migrants, as discussed further below. C.3. international cooperation Malta’s Development Policy highlights the link between migraion and development by including migraion as one of the 10 areas of focus of Malta’s development work. Development assistance prioriizes the Horn of Africa region, since the majority of third-country naionals seeking asylum in Malta come from that region. The establishment of Malta’s Oicial Development Assistance Policy in 2007, ater accession into the European Union, created formal policies addressing Ministry for Jusice and Home Afairs, Ministry for the Family and Social Solidarity, Malta: Irregular Immigrants, Refugees and Integraion Policy Document (2005). Available from www.refworld.org/docid/51b197484. html 55 Ministry for Social Dialogue, Consumer Afairs and Civil Liberies, Towards a Naional Migrant Integraion Strategy 2015–2020, Framework Document (2015). Available from htp://socialdialogue.gov.mt/en/Public_ Consultaions/MSDC/Documents/2015 - Integraion/MSD_Report booklet_JF_rev4.pdf 56 See for example C. Camilleri and N. Falzon, Malta Integraion Network: A way forward for a Naional Integraion Policy in Malta (Aditus Foundaion, Valleta, Malta, 2014). 54 56 Migraion in Malta: Country Proile 2015 humanitarian and development assistance. The founding aim of this policy is to empower individuals to beter the world they live in through emphasis on values, such as solidarity, compassion and goodwill. Overall, the revision of Malta’s Oicial Development Assistance Policy seeks to be forward-looking and plans for Malta to play a more paricipatory role in achieving the main goal of poverty reducion with the complementary goals of promoing democracy and good governance, increasing respect for human rights globally, and ensuring the stability and development of developing countries.57 Malta’s revised Oicial Development Assistance Policy relects a number of links to migraion that are of interest for the purpose of this report. Empowerment, which is the underlining feature of the policy, demonstrates the need to ensure that migraion policies are non-discriminatory and that assistance programs aim to empower individuals in both their home and host countries, in an efort to further develop local capaciies and face emerging challenges successfully and sustainably. Humanitarian and development assistance need to follow the value of solidarity with all States and regions cooperaing and working together to address migrants’ needs, as well as that of countries of origin and host countries. Such assistance should also relect the respect for human life and dignity, indicaing an obligaion for Malta to approach the migraion and refugee crises accordingly. Poverty reducion, which is the main aim of this policy, has clear implicaions on the need and nature of migraion, as appropriate assistance is provided, addressing both the beneits and costs of migraion in regards to the eradicaion of poverty in developing home countries. Lastly, a focus on democracy and good governance in assistance programs can ensure the protecion of human rights as individuals migrate, while also minimizing the need for those in beneiciary countries to leave their home countries. Beyond overseas development assistance, Malta has also prioriized migraion in its foreign policy more broadly. In 2015, it hosted the European Union–Africa Summit58 (also known as the Valleta summit) and has consistently raised the issue of migraion in its internaional afairs. Furthermore, over the last decade, Malta has sought and inalized readmission arrangements with a number of countries, including Nigeria and Ghana.59 Ministry for Foreign Afairs, Oicial Development Assistance Policy and a Framework for Humanitarian Assistance 2014–2020. Available from htps://foreignafairs.gov.mt/en/Documents/ODA%20Policy.pdf, p. 4. 58 See the Acion Plan and the Poliical Declaraion of the Valleta Summit on Migraion, 11–12 November 2015. Available from www.consilium.europa.eu/en/meeings/internaional-summit/2015/11/11-12/ 59 Government of Malta, Memorandum of Understanding (MOU) on Migraion Maters between the Government of the Republic of Malta and the Government of the Federal Republic of Nigeria, signed on 3 April 2014. Available from htps://foreignafairs.gov.mt/en/Treaies%20Series/Documents/Nigeria%20 ,%203rd%20April%202014.pdf; Government of Malta, Memorandum of Understanding between the Government of the Republic of Malta and the Government of the Republic of Ghana on the Establishment of a Permanent Joint Commission for Bilateral Cooperaion, signed on 26 September 2014. Available from htps://foreignafairs.gov.mt/en/Treaies%20Series/Documents/MoU%20Joint%20Commission%20Ghana. pdf 57 Migraion in Malta: Country Proile 2015 57 C.4. institutions Since 2002, the Government of Malta has been undergoing many challenges and adjustments in the areas of undocumented migraion and asylum, due to the high demand placed on its relaively small insituions and organizaions and the signiicant number of arrivals, many of whom apply for asylum. C.5. Ministry for home Affairs and National Security The MHAS oversees many diferent eniies responsible for various aspects of the migraion management model adopted by Malta, such as the following: (a) Police Force, which is also responsible for immigraion control; (b) Armed Forces of Malta that carry out border management duies; (c) Central Visa Unit and the Department of Ciizenship and Expatriate Afairs; and (d) Oice of the Refugee Commissioner. Other ministries, including the ministries responsible for Educaion, Employment and Civil Liberies, are also involved in migraion management and play an important role especially with regards to integraion. Idenity Malta Agency, which also operates under the auspices of the Ministry for Home Afairs and Naional Security, receives and processes residence applicaions of non-Maltese ciizens who intend to reside legally in Malta for a period longer than three months. The mission of the Department of Ciizenship and Expatriate Afairs, now part of Idenity Malta, is to implement the Ciizenship and Immigraion legislaion and policies in an efecive and eicient manner. The department is responsible for issuing residence permits to third-country naionals, registraion ceriicates to European Union naionals, and residence cards to their family members who are third-country naionals. The department also has the responsibility for conirming the enitlement to the “exempt person” status and the “freedom of movement” to the foreign spouses and children of ciizens of Malta. It also implements ciizenship legislaion and regulaions. The Central Visa Unit is the Government’s central immigraion authority responsible for the provisions of the Schengen acquis, as well as the implementaion of the European Union visa policy through the management of visa issuance procedures in all of Malta’s diplomaic and consular representaions. It is a key actor (together with the Immigraion Police and the Security Services) in the authorizaion procedures of visa issuance to third-country naionals that require such entry clearance. 58 Migraion in Malta: Country Proile 2015 The Immigraion Secion of the Police carries out immigraion border control. The key responsibiliies of the Immigraion Police include, on the one hand, the apprehension, invesigaion, ideniicaion and removal of undocumented foreigners, and, on the other hand, border control, including border checks at the oicial border crossing points aimed at detecing irregular migraion and entry, as well as false documents. Immigraion oicers, together with civilian oicers, are deployed at various points of entry. Moreover, the Immigraion Police is in charge of the implementaion of forced return operaions from Malta. It is also involved in visa processing. Another secion within the Malta Police Force is charged with invesigaing human traicking. The Commissioner of Police is, ex oicio, the Principal Immigraion Oicer. The Armed Forces of Malta (AFM) contributes to border protecion where mariime and territorial surveillance is concerned. They are responsible for search-and-rescue operaions and mariime intercepion. When conducing mariime border patrol operaions, the AFM undertakes the responsibiliies that the Malta Police Force has in terms of immigraion control, unil such ime as apprehended persons can be passed on to the Malta Police Force for further processing. The Oice of the Refugee Commissioner is set up by virtue of the Refugee Act and the primary oice responsible for the refugee status determinaion procedures. Under Aricle 4(2) of the Refugee Act, the Refugee Commissioner shall be appointed by the Prime Minister from among public oicers or persons who, in each case, in the opinion of the Prime Minister, have knowledge and experience in maters relaing to refugees. The Refugee Commissioner makes a recommendaion to the Minister for Home Afairs and Naional Security regarding whether a paricular applicant should be granted some form of internaional protecion. The Oice of the Refugee Commissioner has seen considerable improvements over recent years, including a constant increase in staf. At present, the staf complement consists of the Refugee Commissioner, Assistant Refugee Commissioner, Asylum Determinaion Oicers, Head of Administraion, four clerks and one auxiliary. Project staf is also recruited on a project basis. The Refugee Appeals Board (RAB) decides on the appeals against the recommendaions of the Refugee Commissioner. The board is set up under Part III of the Refugees Act and consists of a chairperson and two other members who are appointed by the Prime Minister from among persons of known integrity who appear to him to be qualiied by reason of having had experience of, and shown capacity in maters deemed appropriate for the purpose. In pracice, there are now six chambers of the RAB, each composed of three members, as per the requirement detailed above. Migraion in Malta: Country Proile 2015 59 The Immigraion Appeals Board is set up under Aricle 25A of the Immigraion Act. It consists of a lawyer who shall preside, and two members versed in immigraion maters, each of whom shall be appointed by the President on the advice of the minister responsible for immigraion. The minister may prescribe by regulaions that the board shall consist of more than one division, each composed of a chairperson and two other members as aforesaid. Currently, there are two divisions of the board. Detenion Services were set up to cater for the operaion of all closed accommodaion centres, to provide secure and humane accommodaion for detained persons and maintain a safe and secure environment. In the past, much controversy arose in respect to this policy and detenion condiions in Malta expressed from various quarters,60 including two rulings of the European Court of Human Rights (ECtHR), which declared that Malta was in breach of its internaional obligaions under the European Convenion of Human Rights (ECHR) in respect to the prohibiion of torture (aricle 3 of the ECHR) and the right to liberty and security (aricle 5 of the ECHR).61 However, in recent imes, the policy adopted is to move away from the Detenion Policy and rather focus on improving recepion condiions. To this efect, the Strategy for the Recepion of Asylum-seekers and Irregular Migrants62 was recently adopted in line with the relevant naional and European legislaion on recepion condiions and return of illegally staying third-country naionals.63 This strategy provides guidelines for the procedure to be followed by the police and health authoriies upon arrival of all persons entering Malta in a regular or irregular way and, most importantly, for their accommodaion. In this regard, the strategy determines that all persons are to be accommodated in the Iniial Recepion Facility for a limited period, on See for example: Human Rights Watch, Boat Ride to Detenion: Adult and Child Migrants in Malta (Human Rights Watch, New York, 2012). Available from www.hrw.org/sites/default/iles/reports/malta0712webwcover.pdf 61 Aden Ahmed v. Malta, no. 55352/12, ECtHR 2013 and Suso Musa v. Malta, no. 42337/12, ECtHR 2013. In the irst ruling, the court held that the condiions of detenion of the applicant, a Somali naional having entered Malta irregularly, amounted to degrading treatment (violaion of art. 3 ECHR), that the applicant was deprived of the right to habeas corpus (violaion of art. 5 para. 4 ECHR), as well as that there was no legal ground for her detenion (violaion of art. 5 para. 1(f) ECHR). In the second judgement, published on the same day and also concerning the irregular entry of a Sierra Leone naional, the court reiterated its inding of non-existence of an efecive remedy challenging the lawfulness of detenion (violaion of art. 5 para. 4 ECHR) and declared the detenion of the applicant unlawful (violaion of art. 5 para. 1(f) ECHR). 62 Ministry for Home Afairs and Naional Security, “Strategy for the Recepion of Asylum Seekers and Irregular Migrants”, 9 November 2015. Available from htps://homeafairs.gov.mt/en/MHAS-Departments/awas/ Pages/Migraion-Policy.aspx 63 Direcive 2013/33/EU of the European Parliament and the Council of 26 June 2013 laying down standards for the recepion of applicants for internaional protecion (recast), as transposed in S.L. 420.06, L.N. 417/2015, Recepion of Asylum Seekers (Minimum Standards) (Amendment) Regulaions, 2015; Direcive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country naionals, as transposed in S.L. 217.12, L.N. 81/2011, Common Standards and Procedures for returning Illegally Staying Third-Country Naionals Regulaions, 2011, and as amended by L.N. 15/2014. 60 60 Migraion in Malta: Country Proile 2015 the expiry of which three opions are foreseen: detenion in closed detenion centres, alternaives to detenion (such as reporing or residing at an assigned place) or accommodaion at open centres. The agency responsible for examining each case and assessing whether there are legal grounds for detenion is the Immigraion Police alongside the Agency for the Welfare of Asylum Seekers, which is assigned with the vulnerability assessment and administraion of the open centres. The Agency for the Welfare of Asylum Seekers was set up by virtue of Legal Noice 205 of 2009. Its primary responsibiliies include the following: (a) managing accommodaion faciliies for asylum-seekers and beneiciaries of internaional protecion; (b) providing services to vulnerable categories of migrants; (c) providing informaion to asylum-seekers and beneiciaries of protecion regarding employment, housing, educaion, health and welfare services; (d) acing as facilitator with all public eniies responsible for the provision of services to ensure that naional obligaions towards refugees and asylum-seekers are met; (e) promoing the government’s policy and schemes regarding resetlement and assisted voluntary returns; (f) maintaining data and drating reports that are considered relevant for its own funcion and providing staisics to appropriate policymaking bodies; (g) advising the minister on relevant issues; and (h) encouraging networking with stakeholders. The agency hosts the Asylum Seeker Non-governmental Organizaion (NGO) Forum, a consultaive plaform bringing together NGOs, as well as internaional organizaions working in the ield of asylum in Malta. The Employment and Training Corporaion, which falls under the responsibility of the Ministry for Educaion and Employment, is responsible for issuing employment licences to third-country naionals willing to work in Malta. The condiions for the issuance of an employment licence, including whether the labour market test is to be applied, depend on the status of the individual applicant. In 2012, the Council for Maltese Living Abroad was established and tasked with protecing and promoing the rights and interests of Maltese living outside Malta. The act seing up the Council deines the later as someone who has lived abroad for more than 12 months.64 This excludes from its purview students travelling for one-year programmes, including those undertaking postgraduate studies abroad. Under the act, the Council shall be the body represening Maltese communiies abroad before all government eniies, including any public authority, insituion or organizaion responsible for implemening policies 64 Council for Maltese Living Abroad Act, Chapter 515 of the Laws of Malta, aricle 3. Migraion in Malta: Country Proile 2015 61 afecing these communiies. The act also creates a directorate responsible for Maltese living abroad, whose aim shall be the promoion and protecion of the rights and interests of Maltese living abroad.65 A Federaion of Maltese Living Abroad was also formally created in 2010 (having existed informally since 2000). C.6. intergovernmental organizations IOM – established in 1951 and currently couning 162 Member States,66 over 2,600 acive projects and more than 8,400 staf members serving in more than 480 ield locaions in over 150 countries – is the leading intergovernmental organizaion in the ield of migraion. By providing services and advice to governments and migrants, IOM works to help ensure the orderly and humane management of migraion. IOM works closely with governmental, intergovernmental and non-governmental partners. IOM has a registered status in Malta, based on the Status Agreement signed with the Government of Malta on 18 December 2006. IOM Malta implements projects that support the Government of Malta in migraion management. These include resetlement and relocaion of persons with internaional protecion to the United States and other European Union Member States, AVRR, integraion, as well as support and assistance to asylum-seekers and migrants accommodated in closed and open centres. IOM also ofers technical cooperaion support to the Government of Malta in the ield of counter-traicking of human beings, as well as unaccompanied migrant children. The Maltese Red Cross Society’s mission is to prevent and alleviate human sufering by improving the situaion of the most vulnerable people with impariality and without discriminaion as to race, naionality, gender, class, religious beliefs or poliical opinions. The main purpose of the Malta Red Cross Society is to carry out health and welfare programs for the beneit of paricularly vulnerable groups, while promoing responsible co-paricipaion by other organizaions and the populaion at large. The Malta Red Cross assists and empowers migrants living in Malta through a number of developmental projects carried out over the years. These include the following: (a) providing and coordinaing educaional and psychosocial support programmes for children and adults living in detenion centres and refugee camps around the island; (b) running and coordinaing educaional programmes with the migrant and local community with the aim of promoing a global and naional culture of respect towards diversity, non-violence and social inclusion; and (c) restoring family links between families who have been separated from each other as a consequence of migraion, conlicts and/or disasters. 65 66 Ibid., aricle 8. As of November 2015. 62 Migraion in Malta: Country Proile 2015 The UNHCR Oice in Malta opened in 2005 and falls under the regional oice in Rome, which covers the Mediterranean region including Greece and Cyprus. The oice’s irst challenge was to meet the high number of boat arrivals from the Libyan coast heading for the European mainland. UNHCR also works closely with the Government of Malta, social partners and a number of local organizaions and NGOs not only to ind durable soluions for refugees and beneiciaries of protecion in Malta, but also to advocate for and work towards improved access to protecion and condiions of asylum in Malta, as well as an increased protecion-sensiive asylum system and related policies; UNHCR also strengthens the capaciies of government and partner agencies and increases general awareness about asylum issues in the country. C.7. Non-governmental organizations and think tanks The mission of the Aditus Foundaion is to monitor, act and report on access to fundamental human rights. Aditus’ general aciviies include advocacy, capacity-building, public informaion and awareness-raising, and provision of pro bono legal informaion and legal advice. The work focuses on migraion, asylum, as well as lesbian, gay, bisexual, transgender and intersex issues. Aditus collaborates with other NGOs in order to prepare various human rights reports for naional and internaional eniies and coordinates the submission of shadow reports, recommendaions and input papers to diferent UN mechanisms, inter alia, to the Commitee on the Rights of the Child or to the Universal Periodic Review. African Media Associaion Malta is an organizaion set up in 2014 comprising African journalists in Malta using their professional skills to help migrants to learn about living in Malta and efecive integraion. The irst project of the NGO was supported by the European Economic Area (EEA) Funds. The NGO also acts as a professional organizaion for African journalists in Malta. A key output of the organizaion is news in English and Somali targeted at the migrant community and provides a migrant perspecive of current afairs. The Arabic Culture Informaion Society is an NGO established in 2008. It aims at educaing the public about Arab culture, promoing respect and acceptance of other cultures and encouraging integraion and paricipaion in the local community. It also seeks to create friendships between people from diferent cultures. The Chinese Cultural Centre was opened in 2003 with the aim of introducing China and its culture to the Maltese populaion, as well as tourists Migraion in Malta: Country Proile 2015 63 from Europe and other regions visiing Malta every year. The Chinese Cultural Centre was the ith of its kind opened by China in the world. As the irst Chinese cultural centre in the Mediterranean region, the centre seeks to reach out to the peoples of the Mediterranean and Europe by organizing Chinese cultural seminars, exhibiions, Chinese language classes and other aciviies. The Filipino Community in Malta is a voluntary, non-proit organizaion of Filipinos who, for one reason or another, migrated from their homeland, the Philippines, and presently reside in Malta. It intends to represent the Filipino name in the host country with dignity and pride, to promote and preserve Filipino customs, tradiions, culture and values among its members. The organizaion also addresses common interests and concerns regarding its members’ social, economic and poliical involvement in the country chosen as their second home. It is imperaive that migrants’ voices are heard within a mulicultural Malta. The services rendered by the organizaion include “safeguarding family values” in terms of marriages, women empowerment and spiritual awareness and also migrant workers’ rights embracing social and welfare assistance. The Foundaion for Shelter and Support to Migrants (FSM) aims at carrying out research on accommodaion of refugees and asylum-seekers in Malta vis-à-vis other European Union countries and using the outcomes of such research to contribute to the formulaion of naional policy, as well as providing temporary shelter and other support services to asylum-seekers and persons with internaional protecion through partnership with the Government of Malta or other NGOs. FSM’s objecives are as follows: (a) provide temporary shelter to asylum-seekers, persons enjoying internaional protecion, and irregular migrants in Malta, enabling them to live as digniied persons in the Maltese society; (b) provide support services for the promoion of the well-being of residents; (c) promote policy coherence and partnership between asylumseekers, persons enjoying internaional protecion, and other migrants in Malta and civil society and governmental insituions, aiming at successful integraion; (d) advocate for improved communicaion, tolerance and dialogue between diferent cultures in Malta; (e) provide basic educaion in cultural orientaion, informaion technology, European languages and history, health and safety; and (f) assist asylum-seekers and persons beneiing from internaional protecion in inding employment. Between 2010 and 2015, the FSM was entrusted by the government with the responsibility to run and manage the funds allocated for Marsa Open Centre. Garden of Knowledge is a non-proit and non-governmental organizaion registered in Malta that was set up to promote an understanding of diferent 64 Migraion in Malta: Country Proile 2015 cultures through seminars, workshops, discussions and publicaions. For example, the NGO holds workshops about Mexican folk art, Spanish guitar and African masks for children, among others. Integra Foundaion is a non-proit organizaion based in Malta, operaing independently of any poliical, economic or religious ailiaion on a global level. The foundaion’s vision is that of supporing inclusive, non-discriminaing and non-disabling socieies, where all individuals have the right to human dignity, freedom, respect and social jusice. The foundaion’s mission is to facilitate the space for marginalized individuals and groups to be listened to and have an acive and meaningful say in their lives and well-being on their own terms. Integra’s pracice is grounded in research and a strong lobbying and acivist component. Integra regularly works with a range of populaions, including sub-Saharan African asylum-seekers, disabled people and women. Integra Foundaion is paricularly acive in supporing eforts at self-representaion. The Jesuit Refugee Service’s (JRS) mission is to accompany, serve and defend the rights of asylum-seekers and forcibly displaced persons who arrive in Malta. JRS Malta specializes in legal assistance and social work services (including health-care and psychological support), awareness-raising in schools and spiritual care. Its aim is to assist with immediate needs while encouraging and enabling the longer-term goal of self-suiciency. Assistance is provided regardless of race, ethnic origin or religious belief. The JRS Malta team includes lawyers, social workers, a nurse, Jesuit priests and religious, cultural mediators, outreach workers and administraive staf. This service is complemented by a number of regular volunteers. Koperazzjoni Internazzjonali (KOPIN) is a voluntary, autonomous, nonproit and non-governmental organizaion based in Malta working in the ield of North–South cooperaion and global educaion. KOPIN aims at poverty eradicaion and wholesome development and efecive empowerment of the poorest communiies. It carries out development educaion and advocacy work on North–South issues directed mainly at local and European Union policies. Although KOPIN is not bound to any other organizaion, it has good relaions with a number of Maltese and foreign organizaions and networks. KOPIN is the founding organizaion of the Naional Plaform of Maltese Non-Governmental Development Organizaions, today called SKOP, which KOPIN was mandated to coordinate from its establishment in June 2001 unil May 2007. KOPIN also paricipates in a number of themaic working groups on the local and European levels. KOPIN’s mission is to contribute acively to the alleviaion of global poverty and social injusice through the following: (a) engaging in sustainable Migraion in Malta: Country Proile 2015 65 projects together with partners; (b) providing services to vulnerable populaions in Malta with paricular focus on migrant children; (c) promoing and providing development educaion and increasing public awareness to sensiize and mobilize ciizens to paricipate in the development debate; (d) building capaciies of its members and its partners; (e) monitoring poliical processes; and (f) engaging in policy dialogue with decision makers to inluence the debate on Maltese and European policies related to development, migraion and child’s rights. The Malta Emigrants’ Commission is a non-governmental, non-proitable, voluntary organizaion, which was established to assist people in need by ofering them free services, counselling and protecion. The key service of the Malta Emigrants’ Commission is the provision of accommodaion for asylumseekers and beneiciaries of internaional protecion. The Malta Emigrants Commission has some 10 homes at its disposal, where approximately 150 of the most vulnerable refugees are accommodated, free of charge. Some of these homes are privately owned, while the others are church homes. The Maltese-Serbian Community was set up to support Serbian naionals living in Malta with regards to legal and social issues. The organizaion provides support whenever possible, as well as organizes networking, cultural and sports events for its members and the Maltese community more broadly. Malta Microinance ofers interest-free credit to vulnerable migrants and women to empower them to move out from open centres, obtain ceriicaion of their trade, or improve their academic or vocaional qualiicaions by atending courses in relevant educaional insituions. The project seeks to empower individuals to achieve a level of self-reliance and independence. Migrant Women Associaion is a new organizaion set up in 2015 that brings together migrant women from across diferent naionaliies. The aim of the associaion is to promote the voice of migrant women within the Maltese society, while helping the Maltese society understand how diverse migrants are. The Migrant’s Network for Equality aims at bringing together the various migrant communiies present in Malta. The network seeks to express and discuss the concerns of people who have sought asylum in Malta, as well as create a construcive dialogue with the government and the Maltese society in general. The Organizaion for Friendship in Diversity (OFD) is a youth-led NGO working with children and adults from local and migrant communiies to foster respect for diversity and promote social inclusion. The objecive of 66 Migraion in Malta: Country Proile 2015 OFD’s members is to help culivate friendship amidst diversity through cultural understanding. OFD works to improve its methods and develop new ways to challenge social stereotypes that lead to discriminaion. OFD prides itself in being hands-on grassroots organizaion that has introduced a new youthful dynamic to community-building in Malta, with a commitment to working on a foundaion of posiive messages, steering clear of the tradiional rhetoric that has arguably rendered people passive in relaion to this vital issue. The John XXIII Peace Laboratory (Peace Lab) is Chrisian-inspired and aims to achieve the following: (a) combat all theories and pracices that propagate the superiority of one group over the other; (b) foster beter understanding among all irrespecive of creed, colour and naionality; (c) promote and preserve social jusice; and (d) take an acive interest in the safeguarding of the environment. Peace Lab hosts approximately 50 migrants, almost all of them adult males. The costs of food, water and electricity are covered by Peace Lab (with European Union support for food, which is distributed monthly, usually from Luqa barracks). Assistance is provided with inding regular legal employment; a weekly medical clinic is available for both residents of the centre and persons from outside the centre. English language lessons are also provided. The People for Change Foundaion’s (PfC) vision is of just, fair and inclusive society based on respect for human rights and the inherent dignity and paricipaion of all members of the community. The mission is to undertake research, advocacy and evidence-based proacive measures to promote respect for human rights, social cohesion and the empowerment of individuals and communiies. The work of the foundaion is underpinned by the human rights based approach; while the main aciviies are as follows: (a) applied interdisciplinary research; (b) inluenial publicaions; (c) informed and diverse events and discussions; and (d) efecive capacity-building training and awarenessraising. SOS Malta is an NGO working in Malta and overseas seeking to assist all peoples through projects of a social and charitable nature. SOS Malta provides assistance to the poor helping them to improve quality of life, helps enhance the knowledge and skills of those it serves, advocates on behalf of the poor, and promotes models of good care and pracice. SOS Malta works with local and internaional NGOs in order to achieve its aims. SOS Malta aims at aiding people experiencing imes of crisis and empowering them by providing support services and opportuniies to implement development and change in their countries and thereby ensure a beter quality of life. In the context of migraion, SOS Malta has engaged with social integraion related projects. Migraion in Malta: Country Proile 2015 67 KEY FiNDiNgS AND RECOMMENDAtiONS • More data is required, in relaion to educaion, the labour market and health among others, in order to provide a more nuanced understanding of migratory trends, trajectories and realiies of diferent categories of migrants in Malta. Such data should be disaggregated by, inter alia, age, gender, naionality and status. • An integraion policy for Malta (currently being developed) should be adopted as soon as possible, taking into account the speciic needs of diferent categories of migrants and building on the Common Basic Principles of Migrant Integraion. • A needs assessment training of all the stakeholders and eniies involved in migraion and asylum management in Malta should be conducted to idenify the areas where further training is required and ofer the necessary training and assistance. Such an assessment should be considered as part of the development and implementaion of new policies and pracices in the ield of migraion. • A shit in government and public discourse is much needed to address the misconcepions vis-à-vis migraion in Malta. The prevalent poliical and public discourse, which is focused exclusively on “boat” migraion, feeds into a skewed representaion of migraion in Malta which, in turn, appears to fuel misconcepions, xenophobia, racism and social exclusion. Such a shit can be realized through quality reporing by the media, which will report the facts in an unbiased manner. One way of ensuring such results is for NGOs and internaional organizaions to provide training to journalists in this regard. • The lack of data in the ield of migraion in Malta makes further research in the following ields necessary: ₋ The diverse and mulifaceted experiences of migrants in Malta and of Maltese migrants abroad, including the contemporary context of the Maltese diaspora. ₋ The changing nature of migraion dynamics and trajectories, and the diferent categories of migrants in Malta, including a breakdown by naionality and type of employment or other aciviies they are engaged in. ₋ The economic costs and beneits of migraion for Malta, the way that paricular migraion lows ill the gaps in the labour market and impact on the local economy. Migraion in Malta: Country Proile 2015 69 ₋ The gendered-migraion processes in Malta. This could include analysis of how gender intersects with migraion, including, inter alia, why individuals and/or families migrate to Malta, and the support available to them, including child support, informaion, access to employment and gaps in the labour market. ₋ The way categorizaions according to age, gender, ethnicity, race, naionality and educaion intersect and inluence migrants’ lives and experiences, as well as the labour market in Malta. ₋ The way migraion – both emigraion and immigraion – has impacted on human development. ₋ The push factors behind migrants’ choices living in Malta to leave, the impact of mobility possibiliies provided by European Union membership on trends of emigraion from Malta, as well as how transnaional networks may be facilitaing this migraion. 70 Migraion in Malta: Country Proile 2015 ANNExES Annex i: international glossary Term Deiniion Source Asylum-seekers Persons who have applied for asylum or refugee status, UNHCR (see www.unhcr. but who have not yet received a inal decision on their org/45c06c662.html) applicaion. A disincion should be made between the number of asylum-seekers who have submited an individual request during a certain period (“asylum applicaions submited”) and the number of asylumseekers whose individual asylum request has not yet been decided at a certain date (“backlog of undecided or pending cases”). Asylum-seekers Persons who ile an applicaion for asylum in a country UN DESA, 1998 other than their own. They remain in the status of asylum-seeker unil their applicaion is considered and adjudicated. Availability of data Data that have been collected, iled, processed and UN DESA, 2001a stored in each system, thus civil registraion and vital staisics are accessible in a user-friendly format to users upon request. Border workers Persons commuing between their country of usual residence (which is usually their country of ciizenship as well) and their place of employment abroad. Circular migraion The luid movement of people between countries, IOM, 2011 including temporary or long-term movement, which may be beneicial to all involved, if occurring voluntarily and linked to the labour needs of countries of origin and desinaion. Ciizenship Legal naionality of a person. Civil register Loose-leaf ile, ledger book, electronic ile or any other UN DESA, 2001a oicial ile set up for the permanent recording, in accordance with established procedures, of each type of vital event and its associated data occurring to the populaion of a well-deined area (a county, district, municipality, parish, etc.). Country of usual residence The country in which a person lives, that is to say, the UN DESA, 1998 country in which he or she has a place to live where he or she normally spends the daily period of rest. Temporary travel abroad for purposes of recreaion, holiday, visits to friends and relaives, business, medical treatment or religious pilgrimage does not change a person’s country of usual residence. Development A process of improving the overall quality of life of a group of people, and in paricular expanding the range of opportuniies open to them. UN DESA, 1998 UN DESA, 2001a IOM, 2010 Migraion in Malta: Country Proile 2015 71 Descendants of foreign-born The group of persons born in the country whose parents UNECE, 2006 were born abroad (this group is oten referred to as the “second generaion”). Excursionists (also called “same-day visitors”) Persons who do not reside in the country of arrival UN DESA, 1998 and stay for just a day without spending the night in a collecive or private accommodaion within the country visited. This category includes cruise passengers who arrive in a country on a cruise ship and return to the ship each night to sleep on board, as well as crew members who do not spend the night in the country. It also includes residents of border areas who visit the neighbouring country during the day to shop, visit friends or relaives, seek medical treatment, or paricipate in leisure aciviies. Family-based setlers Foreigners selected for long-term setlement because of the family ies they have with ciizens or foreigners already residing in the receiving country. Forced migraion A migratory movement in which an element of IOM, 2011 coercion exists, including threats to life and livelihood, whether arising from natural or man-made causes (e.g. movements of refugees and internally displaced persons, as well as people displaced by natural or environmental disasters, chemical or nuclear disasters, famine, or development projects). Foreign populaion of a country All persons who have that country as country of usual residence and who are the ciizens of another country. Foreign students Persons admited by a country other than their own UN DESA, 1998 for the speciic purpose of following a paricular programme of study in an accredited insituion of the receiving country. Foreign-born populaion of a country All persons who have that country as the country of usual residence and whose place of birth is located in another country. Foreigners having the right to free establishment Foreigners who have the right to enter, stay and work UN DESA, 1998 within the territory of a country other than their own by virtue of an agreement or treaty concluded between their country of ciizenship and the country they enter. Foreigners in transit Persons who arrive in the receiving country but do not enter it formally because they are on their way to another desinaion. Foreigners whose status is regularized Foreigners whose entry or stay has not been sancioned UN DESA, 1998 by the receiving State or who have violated the terms of their admission but who are nevertheless allowed to regularize their status. Although most persons regularizing their status have already been present in the receiving country for some ime, their regularizaion may be taken to represent the ime of their oicial admission as internaional migrants. 72 Migraion in Malta: Country Proile 2015 UN DESA, 1998 UN DESA, 1998 UN DESA, 1998 UN DESA, 1998 Human Development Index The Human Development Index (HDI) is a summary composite index that measures a country’s average achievements in three basic aspects of human development: health, knowledge and income. It was irst developed by the late Pakistani economist Mahbub ul Haq with the collaboraion of the Nobel laureate Amartya Sen and other leading development thinkers for the irst Human Development Report in 1990. It was introduced as an alternaive to convenional measures of naional development, such as level of income and the rate of economic growth. UNDP (see www.undp. org/content/dam/turkey/ docs/news-from-newhorizons/hdr-2010ediion/UNDP-TR-faq_hdi. pdf) Internal migraion A movement of people from one area of a country to IOM, 2011 another area of the same country for the purpose or with the efect of establishing a new residence. This migraion may be temporary or permanent. Internal migrants move but remain within their country of origin (e.g. rural to urban migraion). Internally displaced persons Persons or groups of persons who have been forced UN, 1998 or obliged to lee or to leave their homes or places of habitual residence, in paricular as a result of or in order to avoid the efects of armed conlict, situaions of generalized violence, violaions of human rights or natural or man-made disasters, and who have not crossed an internaionally recognized State border. Internaional movement rate The sum of total stock of immigrants into and emigrants from a paricular country, expressed as a percentage of the sum of that country’s resident populaion and its emigrant populaion. Irregular migrants Non-ciizens, excluding refugees or asylum-seekers who The Human Rights of have no valid leave to enter and/or remain within a Irregular Migrants in State. Europe, Commissioner for Human Rights, Council of Europe, CommDH/ IssuePaper (2007) 1 Irregular migraion Movement that takes place outside the regulatory IOM, 2011 norms of the sending, transit and receiving countries. There is no clear or universally accepted deiniion of irregular migraion. From the perspecive of desinaion countries, it is entry, stay or work in a country without the necessary authorizaion or documents required under immigraion regulaions. From the perspecive of the sending country, the irregularity is, for example, seen in cases in which a person crosses an internaional boundary without a valid passport or travel document or does not fulil the administraive requirements for leaving the country. There is, however, a tendency to restrict the use of the term “illegal migraion” to cases of smuggling of migrants and traicking in persons. UNDP, 2009 Migraion in Malta: Country Proile 2015 73 Long-term migrant A person who moves to a country other than that of his UN DESA, 1998 or her usual residence for a period of at least a year (12 months), so that the country of desinaion efecively becomes his or her new country of usual residence. From the perspecive of the country of departure, the person will be a long-term emigrant and from that of the country of arrival, the person will be a long-term immigrant. Migrant workers Persons admited by a country other than their own for UN DESA, 1998 the explicit purpose of exercising an economic acivity remunerated from within the receiving country. Some countries disinguish several categories of migrant workers, including: (i) seasonal migrant workers; (ii) contract workers; (iii) project-ied workers; and (iv) temporary migrant workers. All these subcategories or any others that may exist should be added up and reported under “migrant workers”, making the appropriate disincions with regard to duraion of stay. Migrants for family reuniicaion or family formaion Foreigners admited because they are immediate UN DESA, 1998 relaives or the iancé(e)s of ciizens or other foreigners already residing in the receiving country. Foreign children adopted by ciizens or foreign residents and allowed to enter the country are also included in this category. The deiniion of immediate relaives varies from one case to another, but it usually includes the spouse and minor children of a person. Migrants for setlement Foreigners granted the permission to stay for a lengthy UN DESA, 1998 or unlimited period who are subject to virtually no limitaions regarding the exercise of an economic acivity. Some countries grant setlement rights to foreigners on the basis of certain criteria. Net migraion Net number of migrants, that is, the number of immigrants minus the number of emigrants. It is expressed as thousands. UN DESA glossary (see htp://esa.un.org/ miggmgproiles/ Deiniions%20and%20 Sources/deiniions_ sources.htm) Net migraion rate The number of immigrants minus the number of emigrants over a period, divided by the person-years lived by the populaion of the receiving country over that period. It is expressed as net number of migrants per 1,000 populaion. UN DESA glossary (see htp://esa.un.org/ unpd/wpp/Download/ SpecialAggregates/ Poliical/) Nomads Persons without a ixed place of usual residence who UN DESA, 1998 move from one site to another, usually according to wellestablished paterns of geographical mobility. When their trajectory involves crossing current internaional boundaries, they become part of the internaional lows of people. Some nomads may be stateless persons because, lacking a ixed place of residence, they may not be recognized as ciizens by any of the countries through which they pass. 74 Migraion in Malta: Country Proile 2015 Persons admited for other humanitarian reasons Foreigners who are not granted full refugee status but are nevertheless admited for humanitarian reasons because they ind themselves in refugee-like situaions. UN DESA, 1998 Populaion 1. All the inhabitants of a given country or area UN DESA, 2001a (province, city, metropolitan area, etc.) considered together; the number of inhabitants of a country or area. 2. In sampling, the whole collecion of units (persons, households, insituions, events, etc.) from which a sample may be drawn. Populaion De facto populaion in a country, area or region as of 1 July of the year indicated. Figures are presented in thousands. Quality of data In the civil registraion system or in the vital staisics UN DESA, 2001a system, quality of data is measured according to their degree of completeness, correctness (accuracy), imeliness and availability. Refugee A person who owing to well-founded fear of being persecuted for reasons of race, religion, naionality, membership of a paricular social group or poliical opinion, is outside the country of his naionality and is unable or, owing to such fear, is unwilling to avail himself of the protecion of that country. Remitances Deined as the sum of workers’ remitances [i.e., current Ratha, 2003 private transfers from migrants staying in a country for a year or longer to households in another country], compensaion of employees [i.e., the enire income of a migrant staying in the host country for less than a year] and migrants’ transfers [i.e., the transfer of household efects and inancial assets that arise at the ime when a migrant changes her or his country of residence]. Repatriaing asylum-seekers Ciizens returning ater having atempted to seek asylum UN DESA, 1998 abroad. In principle, this category includes persons who return ater their asylum cases have been decided negaively, as well as persons who may not have been able to apply for asylum but who stayed abroad under temporary protecion for some ime. Repatriaing refugees Ciizens returning ater having enjoyed asylum abroad. Both refugees returning under internaionally assisted repatriaion programmes and those returning spontaneously are included in this category. Returning migrants (or ciizens) Persons returning to their country of ciizenship ater UN DESA, 1998 having been internaional migrants (whether short-term or long-term) in another country and who are intending to stay in their own country for at least a year. Seasonal migrant workers Persons employed by a country other than their own UN DESA, 1998 for only part of a year because the work they perform depends on seasonal condiions. They are a subcategory of “foreign migrant workers”. UN DESA glossary (see htp://esa.un.org/unpd/ wpp/Download/Standard/ Populaion/) Convenion relaing to the Status of Refugees, Art. 1A(2), 1951 as modiied by the 1967 Protocol. UN DESA, 1998 Migraion in Malta: Country Proile 2015 75 Short-term migrant A person who moves to a country other than that of UN DESA, 1998 his or her usual residence for a period of at least three months but less than a year (12 months) except in cases where the movement to that country is for purposes of recreaion, holiday, visits to friends or relaives, business, medical treatment or religious pilgrimage. For purposes of internaional migraion staisics, the country of usual residence of short-term migrants is considered to be the country of desinaion during the period they spend in it. Smuggling of migrants The procurement, in order to obtain, directly or indirectly, a inancial or other material beneit, of the illegal entry of a person into a State Party of which the person is not a naional or a permanent resident. Stateless persons Persons who are not recognized as ciizens of any State. UN DESA, 1998 Traicking in persons The recruitment, transportaion, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abducion, of fraud, of decepion, of the abuse of power or of a posiion of vulnerability or of the giving or receiving of payments or beneits to achieve the consent of a person having control over another person, for the purpose of exploitaion. Art. 3(a), United Naions Protocol to Prevent, Suppress and Punish Traicking in Persons, Especially Women and Children, Supplemening the United Naions Convenion against Transnaional Organized Crime, 2000 Tourists Persons who do not reside in the country of arrival UN DESA, 1998 and are admited to that country under tourist visas (if required) for purposes of leisure, recreaion, holiday, visits to friends or relaives, health or medical treatment, or religious pilgrimage. They must spend at least a night in a collecive or private accommodaion in the receiving country and their duraion of stay must not surpass 12 months. Visitors Persons who do not reside in the country of arrival UN DESA, 1998 and who are admited for short stays for purposes of leisure, recreaion, holidays; visits to friends or relaives; business or professional aciviies not remunerated from within the receiving country; health treatment; or religious pilgrimages. Visitors include excursionists, tourists and business travellers. 76 Migraion in Malta: Country Proile 2015 Art. 3(a), United Naions Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplemening the United Naions Convenion against Transnaional Organized Crime, 2000 Annex ii: National glossary Term Naional deiniion Source Applicant for asylum A third-country naional or stateless person who Refugees Act, Chapter has made an applicaion for asylum in respect of 420 of the Laws of which a inal decision has not yet been taken by the Malta Commissioner or the Refugee Appeals Board. Applicaion for asylum A third-country naional or stateless person who Refugees Act, Chapter has made an applicaion for asylum in respect of 420 of the Laws of which a inal decision has not yet been taken by the Malta Commissioner or the Refugee Appeals Board. Beneiciary of internaional protecion A person who has been granted refugee status or Refugees Act, Chapter subsidiary protecion status in accordance with aricle 420 of the Laws of 8 and aricle 17. Malta Ciizen of a Member State A ciizen of a State party to the Treaty (of Accession to the European Union). Convenion The 1951 Convenion relaing to the Status of Refugees Refugees Act, Chapter done at Geneva on 28 July 1951, to which Malta 420 of the Laws of acceded on 17 June 1971, and the 1967 Protocol Malta relaing to the Status of Refugees of 31 January 1967 to which Malta acceded on 15 September 1971, subject to the declaraions and reservaions made by Malta. Country of origin The country or countries of naionality or, for stateless Refugees Act, Chapter persons, of former habitual residence. 420 of the Laws of Malta Dependent members of the family The spouse of the refugee, provided the marriage is Refugees Act, Chapter subsising on the date of the refugee’s applicaion, and 420 of the Laws of such children of the refugee, who on the date of the Malta refugee’s applicaion are under the age of eighteen years and are not married. Deportaion order An order made under aricle 22: “(…) the Minister Immigraion Act, may, if he deems it to be conducive to the public Chapter 217 of the Laws good, make a deportaion order against any person. of Malta (…) A deportaion order may be made subject to any condiion which the Minister [responsible for immigraion] may deem proper (…)”. Family reuniicaion The entry into, and residence in, Malta by family Family Reuniicaion members of a third-country naional residing lawfully in Regulaions, Subsidiary Malta in order to preserve the family unit, whether the Legislaion 217.06 family relaionship arose before or ater the resident’s entry. Illegal employment The employment of an illegally staying third-country Minimum Standards on naional. Sancions and Measures Against Employers Of Illegally Staying Third-country Naionals Regulaions, Subsidiary Legislaion 217.14 Immigraion Act, Chapter 217 of the Laws of Malta Migraion in Malta: Country Proile 2015 77 Illegally staying thirdcountry naional A third-country naional present in Malta, who does not fulil, or no longer fulils, the condiions for stay or residence in Malta. Malta The Island of Malta, the Island of Gozo and the other Immigraion Act, islands of the Maltese Archipelago. Chapter 217 of the Laws of Malta Prohibited immigrants Any person, other than one having the right of entry, Immigraion Act, or of entry and residence, or of movement or transit Chapter 217 of the Laws under the preceding Parts, may be refused entry, and if of Malta he lands or is in Malta without leave from the Principal Immigraion Oicer, he shall be a prohibited immigrant. Notwithstanding that he has landed or is in Malta with the leave of the Principal Immigraion Oicer or that he was granted a residence permit, a person shall, unless he is exempted under this Act from any of the following condiions or special rules applicable to him under the foregoing provisions of this Act, be a prohibited immigrant also: a. if he is unable to show that he has the means of supporing himself and his dependants (if any) or if he or any of his dependants is likely to become a charge on the public funds; or b. if he is sufering from mental disorder or is a mental defecive; or c. if, having landed in Malta pursuant to or under any regulaion made under aricles 44 and/or 50 of the Prevenion of Disease Ordinance, he is sill in Malta ater the lapse of the period of iteen days from the day on which the Superintendent of Public Health ceriies in wriing that the stay of such person in Malta is no longer required under and for the purpose of such regulaion; or d. if he is found guilty by a court of criminal jurisdicion in Malta of an ofence against any of the provisions of the White Slave Traic (Suppression) Ordinance or of the Dangerous Drugs Ordinance or of a crime, other than involuntary homicide or involuntary bodily harm, which, in the case of a irst crime commited by such person, is punishable with imprisonment for a term of not less than one year or, in the case of a second or subsequent crime commited by such person, is punishable with imprisonment for a term of not less than three months; or e. if he contravenes any of the provisions of this Act or of any regulaions made thereunder; or 78 Migraion in Malta: Country Proile 2015 Minimum Standards on Sancions and Measures Against Employers Of Illegally Staying Third-country Naionals Regulaions, Subsidiary Legislaion 217.14 Prohibited immigrants (cont.) f. if he does not comply or ceases to comply with any Immigraion Act, of the condiions, including an implied condiion, Chapter 217 of the Laws under which he was granted leave to land or of Malta to land and remain in Malta or was granted a residence permit; or g. if any circumstance which determined the graning of leave to land or to land and remain in Malta or the extension of such leave or the graning of a residence permit ceases to exist; or h. if such person is a prositute; or i. if he is a dependant of a person who is a prohibited immigrant under any of the provisions of this subaricle. Refugee A third-country naional who, owing to a well-founded Refugees Act, Chapter fear of being persecuted for reasons of race, religion, 420 of the Laws of naionality, membership of a paricular social group or Malta poliical opinion, is outside the country of his naionality and is unable or, owing to such fear, is unwilling to avail himself of the protecion of that country; or who, not having a naionality and being outside the country of his former habitual residence, as a result of such events is unable or, owing to such fear, is unwilling to return to it, but does not include a person excluded in terms of aricle 12: Provided that in the case where a person has more than one naionality, the term “country”, menioned above, shall refer to each country of which he is a naional, and such a person shall not be considered as not having the protecion of his country if, without any founded fear of persecuion, he has not sought the protecion of one of the countries of which such a person is a naional: Provided further that: (a) acts of persecuion within the meaning of Aricle 1A of the Convenion must be suiciently serious by their nature or repeiion as to consitute a severe violaion of basic human rights, in paricular the right from which derogaion cannot be made under Aricle 15(2) of the European Convenion for the Protecion of Human Rights and Fundamental Freedoms; or (b) be an accumulaion of various measures, including violaions of human rights, which is suiciently severe as to afect an individual in a similar manner as in paragraph (a). Refugee status The recogniion of a third-country naional or stateless Refugees Act, Chapter person as a refugee. 420 of the Laws of Malta Migraion in Malta: Country Proile 2015 79 Removal order An order issued by the Principal Immigraion Oicer Immigraion Act, or the Immigraion Appeals Board in accordance with Chapter 217 of the Laws aricle 14 [“(…) If any person is considered by the of Malta Principal Immigraion Oicer to be liable to removal as a prohibited immigrant (…), the said Oicer may issue a removal order against such person who shall have a right to appeal against such order (…)”]. Return The process of a third-country naional going back – whether in voluntary compliance with an obligaion to return or enforced – to: 1) his country of origin; or Common Standards and Procedures for Returning Illegally Staying Third-country 2) a country of transit in accordance with Community Naionals Regulaions, or bilateral readmission agreements or other Subsidiary Legislaion 217.12 arrangements; or 3) another third-country, to which the third-country naional concerned voluntarily decides to return and in which he will be accepted. Return decision A decision issued by the Principal Immigraion Oicer, staing or declaring the stay of a third-country naional to be illegal and imposing or staing an obligaion to return. Common Standards and Procedures for Returning Illegally Staying Third-country Naionals Regulaions, Subsidiary Legislaion 217.12 Safe country of origin A country of which the applicant for asylum: Refugees Act, Chapter 420 of the Laws of Malta (a) is a naional; or (b) being a stateless person, was formerly habitually resident in that country and he has not submited any serious grounds for considering the country not to be a safe country of origin in his paricular circumstances. Safe third-country A country of which the applicant is not a naional or Refugees Act, Chapter 420 of the Laws of ciizen and where: (a) life and liberty are not threatened on account of Malta race, religion, naionality, membership of a paricular social group or poliical opinion; (b) the principle of non-refoulement in accordance with the Convenion is respected; (c) the prohibiion of removal, in violaion of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in internaional law, is respected; (d) the possibility exists to request refugee status and, if found to be a refugee, to receive protecion in accordance with the Convenion; (e) the applicant had resided for a meaningful period of ime prior to his entry into Malta. 80 Migraion in Malta: Country Proile 2015 Serious harm This consists of: (a) death penalty or execuion; or (b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or Refugees Act, Chapter 420 of the Laws of Malta (c) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situaions of internaional or internal armed conlict. Single permit A residence permit issued by the Director allowing a Single Applicaion third-country naional to reside legally in Malta for the Procedure for a Single purpose of work. Permit as Regards Residence and Work and a Common Set of Rights for Those ThirdCountry Workers Legally Residing in Malta Regulaions, Subsidiary Legislaion 217.17 Subsidiary protecion status The recogniion by a Member State of a third-country Refugees Act, Chapter naional or a stateless person as a person eligible for 420 of the Laws of subsidiary protecion. Malta Temporary protecion A procedure of excepional character to provide, in the event of a mass inlux or imminent mass inlux of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protecion to such persons, in paricular if there is also a risk that the asylum system will be unable to process this inlux without adverse efects for its eicient operaion, in the interests of the persons concerned and other persons requesing protecion. Temporary Protecion for Displaced Persons (Minimum Standards) Regulaions, Subsidiary Legislaion 420.05 Third country Any State except Malta or any another Member State. Immigraion Regulaions, Subsidiary Legislaion 217.04 Third-country naional A person who is not a ciizen of the Union. Immigraion Regulaions, Subsidiary Legislaion 217.04 Third-country worker A third-country naional admited to Malta and who is legally residing and is allowed to work in the context of a paid relaionship and is protected as an employee under the Employment and Industrial Relaions Act and in accordance with naional pracice. Single Applicaion Procedure for a Single Permit as Regards Residence and Work and a Common Set of Rights for Those ThirdCountry Workers Legally Residing in Malta Regulaions, Subsidiary Legislaion 217.17 To land To arrive or to enter by any form of conveyance and Immigraion Act, references to landing, unless the context otherwise Chapter 217 of the Laws requires, include references to atemping to land. of Malta Migraion in Malta: Country Proile 2015 81 Unaccompanied minor A third-country naional, below the age of eighteen, who arrives in Malta unaccompanied by an adult responsible for him whether by law or custom, and for as long as he is not efecively taken into the care of such a person, or a minor who is let unaccompanied ater he has entered Malta. Withdrawal of refugee The decision by a competent authority to revoke, end status or refuse to renew the refugee status of a person. Permission to Reside for Vicims of Traicking or Illegal Immigraion Who Co-Operate with the Maltese Authoriies Regulaions, Subsidiary Legislaion 217.07 Refugees Act, Chapter 420 of the Laws of Malta Annex iii: National data sources Source of data Website EUROSTAT (European Union’s Staisics Oice) htp://ec.europa.eu/eurostat/ Naional Staisics Oice of Malta (NSO) htp://nso.gov.mt/en/Pages/NSO-Home.aspx UNHCR Malta Oice www.unhcr.org.mt/charts/ Annex iv: instruments to which Malta is a signatory Internaional human rights instruments GENERAL INSTRUMENTS Internaional Covenant on Economic, Social and Cultural Rights (1966) – Entered into force on 3 January 1976 Internaional Covenant on Civil and Poliical Rights (1966) – Entered into force on 23 March 1976 Opional Protocol to the Internaional Covenant on Civil and Poliical Rights (1966) – Entered into force on 23 March 1976 Second Opional Protocol to the Internaional Covenant on Civil and Poliical Rights aiming at the aboliion of the death penalty (1989) – Entered into force on 11 July 1991 PREVENTION OF DISCRIMINATION Internaional Convenion on the Eliminaion of All Forms of Racial Discriminaion (1966) – Entered into force on 4 January 1969 Internaional Convenion on the Suppression and Punishment of the Crime of Apartheid (1973) – Entered into force on 18 July 1976; Not raiied or acceded to ILO Convenion (No. 100) concerning Equal Remuneraion for Men and Women Workers for Work of Equal Value (1951) – Entered into force on 23 May 1953 UNESCO Convenion against Discriminaion in Educaion (1960) – Entered into force on 22 May 1962 UNESCO Protocol Insituing a Conciliaion and Good Oices Commission to be Responsible for Seeking the Setlement of any Disputes which may Arise between States Paries to the Convenion against Discriminaion in Educaion (1962) – Entered into force on 24 October 1968 ILO Convenion (No. 111) concerning Discriminaion in Respect of Employment and Occupaion (1958) – Entered into force on 15 June 1960 82 Migraion in Malta: Country Proile 2015 ILO Convenion (No. 156) concerning Equal Opportuniies and Equal Treatment for Men and Women Workers: Workers with Family Responsibiliies (1981) – Entered into force on 11 August 1983; Not raiied or acceded to Internaional Convenion against Apartheid in Sports (1985) – Entered into force on 3 April 1988; Not raiied or acceded to ILO Revised Convenion (No. 169) concerning Indigenous and Tribal People in Independent Countries (1989) – Entered into force on 5 September 1991; Not raiied or acceded to GENOCIDE, WAR CRIMES AND CRIMES AGAINST HUMANITY Convenion on the Prevenion and Punishment of the Crime of Genocide (1948) – Entered into force on 12 January 1951; Not raiied or acceded to Convenion on the Non-Applicability of Statutory Limitaions to War Crimes and Crimes against Humanity (1968) – Entered into force on 11 November 1970; Not raiied or acceded to Rome Statute of the Internaional Criminal Court (1998) – Entered into force on 1 July 2002 Internaional Convenion for the Suppression of Terrorist Bombings (1997) – Entered into force on 23 May 2001 Internaional Convenion for the Suppression of the Financing of Terrorism (1999) – Entered into force on 10 April 2002 Internaional Convenion for the Suppression of Acts of Nuclear Terrorism (2005) – Entered into force on 7 July 2007; Not raiied or acceded to TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Convenion against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) – Entered into force on 26 June 1987 Declaraions recognizing the competence of the Commitee against Torture under Aricles 21 and 22 of the Convenion against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (to receive and consider communicaions by one State Party against another or presented from or on behalf of individuals) – Entered into force on 26 June 1987 Opional Protocol to the Convenion against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2002) – Entered into force on 22 June 2006 Internaional Convenion for the Protecion of All Persons from Enforced Disappearance (2006) – Entered into force on 23 December 2010; Not raiied or acceded to SLAVERY, TRAFFIC IN PERSONS AND FORCED LABOUR Protocol amending the Slavery Convenion signed at Geneva on 25 September 1926 (1953) – Entered into force on 7 December 1953; Not raiied or acceded to Slavery Convenion signed at Geneva on 25 September 1926 and amended by the Protocol done at the Headquarters of the United Naions, New York, on 7 December 1953 – Entered into force on 7 July 1955 Supplementary Convenion on the Aboliion of Slavery, the Slave Trade, and Insituions and Pracices Similar to Slavery (1956) – Entered into force on 30 April 1957 Convenion for the Suppression of the Traic in Persons and of the Exploitaion of the Prosituion of Others (1950) – Entered into force on 25 July 1951; Not raiied or acceded to ILO Convenion (No. 29) concerning Forced Labour (1930) – Entered into force on 1 May 1932 ILO Convenion (No. 105) concerning the Aboliion of Forced Labour (1957) – Entered into force on 17 January 1959 Migraion in Malta: Country Proile 2015 83 ALIENS, REFUGEES AND STATELESS PERSONS Convenion relaing to the Status of Refugees (1951) – Entered into force on 22 April 1954 Protocol relaing to the Status of Refugees (1967) – Entered into force on 4 October 1967 Convenion relaing to the Status of Stateless Persons (1954) – Entered into force on 6 June 1960; Not raiied or acceded to Convenion on the Reducion of Statelessness (1961) – Entered into force on 13 December 1975; Not raiied or acceded to WOMEN Convenion on the Poliical Rights of Women (1953) – Entered into force on 7 July 1954 Convenion on the Naionality of Married Women (1957) – Entered into force on 11 August 1958 Convenion on Consent to Marriage, Minimum Age for Marriage and Registraion of Marriages (1962) – Entered into force on 9 December 1964; Not raiied or acceded to Convenion on the Eliminaion of All Forms of Discriminaion against Women (1979) – Entered into force on 3 September 1981 Opional Protocol to the Convenion on the Eliminaion of Discriminaion against Women (1999) – Entered into force on 22 December 2000; Not raiied or acceded to CHILDREN Convenion on the Rights of the Child (1989) – Entered into force on 2 September 1990 Opional Protocol to the Convenion on the Rights of the Child on the involvement of children in armed conlict (2000) – Entered into force on 12 February 2002 Opional Protocol to the Convenion on the Rights of the Child on the sale of children, child prosituion and child pornography (2000) – Entered into force on 18 January 2002 ILO Convenion (No. 138) concerning Minimum Age for Admission to Employment (1973) – Entered into force on 19 June 1976 ILO Convenion (No. 182) concerning the Prohibiion and Immediate Acion for the Eliminaion of the Worst Forms of Child Labour (1999) – Entered into force on 19 November 2000 PERSONS WITH DISABILITIES Convenion on the Rights of Persons with Disabiliies (2006) – Entered into force on 3 May 2008; Not raiied or acceded to Opional Protocol to the Convenion on the Rights of Persons with Disabiliies (2006) – Entered into force on 3 May 2008; Not raiied or acceded to Regional (European) human rights instruments COUNCIL OF EUROPE: GENERAL HUMAN RIGHTS INSTRUMENTS European Convenion on Human Rights (1950), formally itled Convenion for the Protecion of Human Rights and Fundamental Freedoms (Council of Europe) – Entered into force on 3 September 1953. Amended by Protocol No. 11, entered into force on 1 November 1998 and Protocol No. 14, entered into force on 1 June 2010 Protocol to the Convenion for the Protecion of Human Rights and Fundamental Freedoms (1952) (Council of Europe) – Entered into force on 18 May 1954. Amended by Protocol No. 11, entered into force on 1 November 1998 Protocol No. 4 to the Convenion for the Protecion of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convenion and in the irst Protocol thereto (1963) (Council of Europe) – Entered into force on 2 May 1968. Amended by Protocol No. 11, entered into force on 1 November 1998 84 Migraion in Malta: Country Proile 2015 Protocol No. 6 to the Convenion for the Protecion of Human Rights and Fundamental Freedoms concerning the Aboliion of the Death Penalty (1983) (Council of Europe) – Entered into force on 1 March 1985. Amended by Protocol No. 11, entered into force on 1 November 1998 Protocol No. 7 to the Convenion for the Protecion of Human Rights and Fundamental Freedoms (recogniion of new rights) (1984) (Council of Europe) – Entered into force on 1 November 1988. Amended by Protocol No. 11, entered into force on 1 November 1998 Protocol No. 11 to the Convenion for the Protecion of Human Rights and Fundamental Freedoms restructuring the control machinery established thereby (1994) (Council of Europe) – Entered into force on 1 November 1998 Protocol No. 12 to the Convenion for the Protecion of Human Rights and Fundamental Freedoms (2000). (Council of Europe) – Entered into force on 1 April 2005; Not raiied or acceded to Protocol No. 13 to the Convenion for the Protecion of Human Rights and Fundamental Freedoms, concerning the Aboliion of the Death Penalty in all Circumstances (2002) (Council of Europe) – Entered into force on 1 July 2003 Protocol No. 14 to the Convenion for the Protecion of Human Rights and Fundamental Freedoms Amending the Control System of the Convenion (2004) (Council of Europe) – Entered into force on 1 June 2010 European Agreement relaing to Persons Paricipaing in Proceedings of the European Commission and Court of Human Rights (1969) (Council of Europe) – Entered into force on 17 April 1971 European Agreement relaing to Persons Paricipaing in Proceedings of the European Court of Human Rights (1996) (Council of Europe) – Entered into force on 1 January 1999; Not raiied or acceded to European Social Charter (1961) (Council of Europe) – Entered into force on 26 February 1965 Addiional Protocol to the European Social Charter (1988) (Council of Europe) – Entered into force on 4 September 1992; Not raiied or acceded to Protocol amending the European Social Charter (1991) (Council of Europe) – Not yet entered into force as of 30 June 2011 Addiional Protocol to the European Social Charter Providing for a System of Collecive Complaints (1995) (Council of Europe) – Entered into force on 1 July 1998; Not raiied or acceded to European Social Charter (revised) (1996) (Council of Europe) – Entered into force on 1 July 1999 Convenion for the Protecion of Individuals with regard to Automaic Processing of Personal Data (1981) (Council of Europe) – Entered into force on 1 October 1985 Convenion for the Protecion of Human Rights and dignity of the human being with regard to the Applicaion of Biology and Medicine: Convenion on Human Rights and Biomedicine (1997) (Council of Europe) – Entered into force on 1 December 1999; Not raiied or acceded to Addiional Protocol to the Convenion for the Protecion of Human Rights and Dignity of the Human Being with regard to the Applicaion of Biology and Medicine, on the Prohibiion of Cloning Human Beings (1998) (Council of Europe) – Entered into force on 1 March 2001; Not raiied or acceded to Addiional Protocol to the Convenion on Human Rights and Biomedicine concerning Transplantaion of Organs and Tissues of Human Origin (2002) (Council of Europe) – Entered into force on 1 May 2006; Not raiied or acceded to Addiional Protocol to the Convenion on Human Rights and Biomedicine, concerning Biomedical Research (2005) (Council of Europe) – Entered into force on 1 September 2007; Not raiied or acceded to Convenion on Cybercrime (2001) (Council of Europe) – Entered into force on 1 July 2004; Not raiied or acceded to Council of Europe Convenion on Acion against Traicking in Human Beings (2005) (Council of Europe) – Entered into force on 1 February 2008 Migraion in Malta: Country Proile 2015 85 PREVENTION OF DISCRIMINATION Addiional Protocol to the Convenion on cybercrime, concerning the criminalizaion of acts of a racist and xenophobic nature commited through computer systems (2003) (Council of Europe) – Entered into force on 1 March 2006; Not raiied or acceded to TERRORISM European Convenion on the Suppression of the Terrorism (1977) (Council of Europe) – Entered into force on 4 August 1978 Protocol amending the European Convenion on the Suppression of Terrorism (2003) (Council of Europe) – Not entered into force as of 30 June 2011; Not raiied or acceded to Council of Europe Convenion on the Prevenion of Terrorism (2005) (Council of Europe) – Entered into force on 1 June 2007; Not raiied or acceded to GENOCIDE, WAR CRIMES AND CRIMES AGAINST HUMANITY European Convenion on the Non-Applicability of Statutory Limitaions to Crimes against Humanity and War Crimes (1974) (Council of Europe) – Entered into force on 27 June 2003; Not raiied or acceded to TORTURE, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT European Convenion for the Prevenion of Torture and Inhuman or Degrading Treatment or Punishment (1987) (Council of Europe) – Entered into force on 1 February 1989 Protocol No. 1 to the European Convenion for the Prevenion of Torture and Inhuman or Degrading Treatment or Punishment (concerning the accession to the Convenion of a non-member State of the Council of Europe) (1993) (Council of Europe) – Entered into force on 1 March 2002 Protocol No. 2 to the European Convenion for the Prevenion of Torture and Inhuman or Degrading Treatment or Punishment (concerning the possibility for the members of the Commitee for the Prevenion of Torture to be re-elected twice but not more than six years) (1993) (Council of Europe) – Entered into force on 1 March 2002 ALIENS, REFUGEES AND STATELESS PERSONS European Agreement on Transfer of Responsibility for Refugees (1980) (Council of Europe) – Entered into force on 1 December 1980; Not raiied or acceded to Convenion on the Paricipaion of Foreigners in Public Life at Local Level (1992) (Council of Europe) – Entered into force on 1 May 1997; Not raiied or acceded to Council of Europe Convenion on the avoidance of statelessness in relaion to State succession (2006) (Council of Europe) – Entered into force on 1 May 2009; Not raiied or acceded to WORKERS European Convenion on the Legal Status of Migrant Workers (1977) (Council of Europe) – Entered into force on 1 May 1983; Not raiied or acceded to MINORITIES European Charter for Regional or Minority Languages (1992) (Council of Europe) – Entered into force on 1 March 1998; Not raiied or acceded to Framework Convenion for the Protecion of Naional Minoriies (1995) (Council of Europe) – Entered into force on 1 February 1998 CHILDREN European Convenion on the Exercise of Children’s Rights (1996) (Council of Europe) – Entered into force on 1 July 2000; Not raiied or acceded to Council of Europe Convenion on the Protecion of Children against Sexual Exploitaion and Sexual Abuse (2007) (Council of Europe), European Treaty Series No. 201 – Entered into force on 1 July 2010; Not raiied or acceded to 86 Migraion in Malta: Country Proile 2015 Annex v: Subsidiary legislation to the immigration Act, Chapter 217 of the laws of Malta 217.01 Fees Payable for Residence Permits and Employment Licenses Regulaions 217.02 Detenion of a Person at Savio College Regulaions 217.03 Places of Detenion Designaion Order 217.04 Immigraion Regulaions 217.05 Status of Long-Term Residences (Third-country Naionals) Regulaions 217.06 Family Reuniicaion Regulaions 217.07 Permission to Reside for Vicims of Traicking or Illegal Immigraion who Co-operate with the Maltese Authoriies Regulaions 217.08 Board of Visitors for Detained Persons Regulaions 217.09 Condiions for Admission of Third-country Naionals for the Purposes of Studies Regulaions 217.10 Third-country Naionals for Scieniic Research Purposes (Special Admitance Procedure) Regulaions 217.11 Agency for the Welfare of Asylum-Seekers Regulaions 217.12 Common Standards and Procedures for Returning Illegally Staying Third-country Naionals Regulaions 217.13 Immigraion Appeals Board (Division) Regulaions 217.14 Minimum Standards on Sancions and Measures against Employers of Illegally Staying Thirdcountry Naionals Regulaions 217.15 Condiions of Entry and Residence of Third-Country Naionals for the purpose of Highly Qualiied Employment Regulaions 217.16 Immigraion Appeals Board (Addiional Jurisdicion) Regulaions 217.17 Single Applicaion Procedure for a Single Permit as regards Residence and Work and a Common Set of Rights for those Third-country Naionals Workers Legally Residing in Malta Regulaions 217.18 Malta Residence Visa Programme Regulaions Migraion in Malta: Country Proile 2015 87 REFERENCES Atard, S., C. 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Available from htp://www.brookings.edu/~/media/Projects/ idp/GPEnglish.pdf Legislaion 1970 Immigraion Act, Chapter 217 of the Laws of Malta. Available from www.jusiceservices.gov.mt/DownloadDocument. aspx?app=lom&itemid=8722&l=1 2001 Refugees Act, Chapter 420 of the Laws of Malta. Available from www.jusiceservices.gov.mt/DownloadDocument. aspx?app=lom&itemid=8886&l=1 2004 Immigraion Regulaions, Subsidiary Legislaion 217.04. Available from www.jusiceservices.gov.mt/DownloadDocument. aspx?app=lom&itemid=9559&l=1 2005 Temporary Protecion for Displaced Persons (Minimum Standards) Regulaions, Subsidiary Legislaion 420.05. Available www.jusiceservices.gov.mt/DownloadDocument. from aspx?app=lom&itemid=10661&l=1 94 Migraion in Malta: Country Proile 2015 2007a Family Reuniicaion Regulaions, Subsidiary Legislaion 217.06 2007b Permission to Reside for Vicims of Traicking or Illegal Immigraion Who Co-Operate with the Maltese Authoriies Regulaions, Subsidiary Legislaion 217.07. Available from www.jusiceservices. gov.mt/DownloadDocument.aspx?app=lom&itemid=9562&l=1 2011a Minimum Standards on Sancions and Measures Against Employers Of Illegally Staying Third-Country Naionals Regulaions, Subsidiary Legislaion 217.14. Available from www.jusiceservices.gov.mt/ DownloadDocument.aspx?app=lom&itemid=11772&l=1 2011b Common Standards and Procedures for Returning Illegally Staying Third-country Naionals Regulaions, Subsidiary Legislaion 217.12. Available from htp://jusiceservices.gov.mt/DownloadDocument. aspx?app=lom&itemid=11637&l=1 2014 Single Applicaion Procedure for a Single Permit as Regards Residence and Work and a Common Set of Rights for Those ThirdCountry Workers Legally Residing in Malta Regulaions, Subsidiary Legislaion 217.17. Available from www.jusiceservices.gov.mt/ DownloadDocument.aspx?app=lom&itemid=12287&l=1 Migraion in Malta: Country Proile 2015 95 Internaional Organizaion for Migraion (IOM) 17 route des Morillons, P.O. Box 17, 1211 Geneva 19, Switzerland Tel.: +41 22 717 9111 • Fax: +41 22 798 6150 E-mail: [email protected] • Website: www.iom.int