Maltese human rights NGOs have written to the EU home affairs commissioner arguing that the government's detention of migrants at sea represents a breach of human rights.
NGOs Aditus, Integra and the Jesuit Refugee Service called on Commissioner Ylva Johansson to urgently intervene to resolve the situation.
More than 150 people are currently being held on two chartered private ferries - typically used for harbour cruises - just outside Maltese territorial waters after the country closed its ports in April.
The NGOs said they had no information as to whether any assessments had been conducted to identify vulnerable persons or unaccompanied minors, although 18 women and children were brought ashore to Malta.
Moreover, they said, those on board had no access to lawyers, supporting organisations, interpreters or the UNHCR and had not been provided information as to their legal situation and related rights.
"In particular, we sincerely doubt that the right or possibility to seek asylum has been explained to them, as it is clear that Malta’s intentions are for them not to reach Maltese territory," the NGOs said.
The NGOs argued that keeping the migrants aboard the vessels was a deprivate of personal liberty, contrary to Article 6 of the EU's fundamental rights charter.
They also argued that the right to asylum, guaranteed under Article 18 of the charter, "would be rendered theoretical and illusory" when border control and surveillance prevents asylsum-seekers from physically accessing and exercising the right.
Noting Malta's request for funding from the EU to cover the cost of the vessels out at sea - around €3,000 daily - the NGOs said it was "ironic" that "Malta is treating the persons on board the vessels as if they were wholly outside the protection afforded by national, European and international law whilst simultaneously seeking assistance from European Union to keep this situation afloat".
The NGOs insisted that the challenges Malta was facing in coping with sea arrivals of asylum-seekers did not justify "disregard" for its human rights obligations.