Government stands by its all-male short list

The appointment of a new Maltese judge on the European Court of Human Rights remains in the balance as the government refuses to budge and nominate a female candidate.

The Council of Europe stipulates that each state should nominate three candidates, one of whom has to be a woman. However, Justice Minister Tonio Borg is insisting Malta's all-male list cannot be rejected merely on grounds of gender. In the coming weeks, the government will be requesting the Committee of Ministers to refer the matter to the European Court for an advisory opinion.

"We believe our list is in accordance with the European Convention. The Cabinet felt that from all the 11 applicants to our public call, the three names we nominated were the most competent to fulfil that role - gender issues should not come into the selection process," he told The Times.

Last summer, the government submitted a shortlist of Malta's three most senior judges - Chief Justice Vincent DeGaetano, Mr Justice Joseph Camilleri and Mr Justice Joseph Filletti - to succeed Judge Giovanni Bonello, who reached the retirement age of 70 last June.

This list was rejected by the Council of Europe in March because the government failed to comply with the requirement to nominate a woman candidate.

Last month a motion by the Legal Affairs Committee of the council's Parliamentary Assembly, proposing that one-sex short lists may be accepted in exceptional cases, was rejected by the Assembly's Equal Opportunities Committee.

The committee launched a scathing attack on Malta: "The true impediment to the inclusion of a qualified woman candidate on the list submitted by Malta appears not to be a lack of qualified female candidates but a lack of respect for the principle of gender equality".

In its conclusions, the committee pointed out that Malta had two female judges, six female magistrates plus many more female advocates, so choosing from "this sufficiently large pool of highly-qualified female potential candidates" should not be a problem.

Even if this were not enough, Malta could choose a well-qualified female candidate from another country.

"Malta can choose among the most famous human rights lawyers globally... These candidates would certainly not be less qualified than the three male candidates Malta has proposed so far," it added.

Dr Borg denied that Malta was disrespectful towards the principles of gender equality.

"That's not true. I repeat it's not true. We issued a public call for nominations, something other countries didn't do and everybody could apply," he said.

The government felt its list included the most competent people to fill the role, while the others did not satisfy the criteria.

One of the reasons why women failed the test is that Maltese law stipulates a minimum of 12 years experience to become a judge, something which is not required by the European Court.

There are women who are perfect for the job, but have 10 years experience. Would the government be willing to consider these credentials?

"I don't exclude anything. However, the European Court has the right to overrule judgments of our Constitutional Court. Don't you think that who is in that position should have at least the minimum legal requirements of 12 years experience? It stands to reason that this should be the case," he said.

In reply to the proposal to nominate a foreign female candidate, Dr Borg said Malta had been independent since 1964 and "it would go against our dignity to choose someone from abroad".

Apart from this, he felt the aim of having someone Maltese present on the European Court was to explain the different local legal systems and cultures when a case against Malta was filed, even though the judge does not represent his country.

"So, apart from national pride, it is not in Malta's interest."

Until the matter is resolved, Judge Bonello will remain in his post.

Meanwhile, the Malta Confederation for Women's Organisations issued a statement commenting on the negative opinions expressed about Malta's position in relation to gender equality.

"The government's continued insistence to submit an all-male list damages not only the struggle for implementing gender equality policy in Malta but also damages the perception of the work Maltese women carry out in this area," the confederation said.

Such persistent default failed to recognise the professionalism and experience Maltese women had obtained through their hard work by practising in areas that, till a few years ago, were male-dominated professions, it added.

After considering the judgments delivered by the European Court on the matter, the confederation was certain there were female lawyers capable of being nominated.