Since the Labour Party rose to power in 2013, Malta’s ranking in the Press Freedom Index kept by Reporters without Borders has plummeted from 46th to 81st place while the country’s press freedom began to be categorised as problematic.
Last year, Malta was the only country from among 167 to move down from a full democracy to a flawed one in the Economist Intelligence Unit’s annual index.
Malta’s downwards slide has been largely attributed to the horrific assassination of investigative journalist Daphne Caruana Galizia on October 16, 2017.
The shocking revelations, emerging from the report of the independent public inquiry into whether the state could have prevented the journalist’s death, have demonstrated the vulnerability of journalists in Malta.
The report lays the responsibility for Daphne’s death squarely on the shoulders of the state that created an atmosphere of impunity where anyone who wanted to eliminate her could do so with the least possible consequences.
It also relates how a culture of impunity was seeded and nurtured under former prime minister Joseph Muscat and spread to regulatory authorities controlled by a network of persons of trust with a blind loyalty towards him and towards other politically powerful persons who appointed them in their positions.
These people had great power within the police, the Planning Authority, financial services authorities, the gaming authority and inland revenue.
They used their power to protect businessmen, administrators and politicians from investigation and prosecution for organised crime that flourished imperishably during Muscat’s premiership.
Muscat inflicted further harm on Malta’s image as a democratic country by his obstinate resistance to the establishment of a full, independent, impartial and effective public inquiry into Daphne’s assassination, despite clear guidance that such an inquiry was required to comply with the European Convention of Human Rights.
Muscat only moved from his intransigent position after the threat of legal proceedings and a landmark resolution adopted by an overwhelming majority of the Parliamentary Assembly of the Council of Europe on June 26, 2019, which gave Malta a three-month ultimatum to conform itself to its obligation of holding the inquiry.
Muscat announced the composition and terms of reference of the inquiry board just six days before the expiration of the ultimatum. However, the integrity of the board was considered to have been undermined by the appointment of particular members with a conflict of interest while the established terms of reference and powers granted to the board were significantly limited.
All Labour MPs had bowed down to Joseph Muscat and followed his orders like a herd of sheep- Denis Tanti
It was just a few hours before the Council of Europe was scheduled to discuss these discrepancies, and after two years of opposition, that Muscat accepted to substitute two board members and granted significantly broader terms of reference and powers to the board.
The inquiry report blamed Muscat and his entire cabinet for failing to ensure that the rule of law is respected by giving their approval or blessing to the sense of impunity that was being created in the heart of the administration.
The inquiry also accused the cabinet members of not living up to their obligation of asserting that Konrad Mizzi is expelled from cabinet for his connection to 17 Black.
All Labour MPs had bowed down to Muscat and followed his orders like a herd of sheep by voting against two parliamentary motions of no confidence in Mizzi and another parliamentary motion calling Muscat to request the resignation of Keith Schembri that were presented by MP Marlene Farrugia.
One of the ministers who defended Mizzi to the hilt and voted against the motion was George Vella, President of Malta, a former Labour foreign minister under Muscat. After assuming the presidency, Vella had given an interview to Times of Malta where he accused individuals raising questions about the state of the rule of law in Malta of being unfair and unrealistic.
Prime Minister Robert Abela has also contributed substantially to Malta’s negative ranking in the Press Freedom Index by labelling the inquiry as a circumvent to the law courts. Like Muscat, he accused the board composed of three judges of conducting its inquiry in a way that had nothing to do with the established terms of reference.
Abela’s apology to Daphne’s family about the state’s failures leading to the journalist’s murder cannot be considered genuine, unless he lives up to his political responsibility and moral obligations by taking concrete and credible actions at a scale that is commensurate with the gravity of the irregularities and abuses identified in the report.
Abela said that lessons will be learnt but it seems he has not learnt anything.
He is repeating the same mistake of his predecessor by protecting political friends and allies who are responsible for malfeasant behaviour.
If Abela wants to be taken seriously, he must dissociate himself and the Labour Party from his disgraced predecessor. However, Abela appears to have his hands tied as he continues to defend Muscat, to whom he is obliged for the position of prime minister.
Abela has even defended Johann Buttigieg after it was revealed that, when he was CEO of the Planning Authority, he expressed his willingness to do business deals with Daphne’s suspected assassination mastermind and powerful businessmen Yorgen Fenech.
Abela is also reluctant to dismiss Justice Minister Edward Zammit Lewis after it was revealed that he kept close contact with Fenech when it was already known that he was the owner of 17 Black.
How can Abela expect the Financial Action Task Force to trust the Maltese government in the fight against financial crime and remove the country from its grey list when he clearly lacks the will and moral courage to distance himself from Muscat and remove Zammit Lewis from office?
Malta’s negative outlook and its downwards slide are bound to continue.