Jules only felt safe to come out as a transgender woman when she settled down in Malta in her 20s. But despite being finally able to start her transition process without fear of reprisal, Malta will forever misgender her and consider her a man because she is from the Philippines.
Likewise, at 35, Nasier can finally be his true self after making it to the island on the fourth attempt. However, any long-term partner he could have had in Egypt, where same-sex relationships are criminalised, will never be recognised by Malta for family reunification.
Jules and Nasier are among dozens of non-Maltese who, after a childhood of torment in their home country, can freely express themselves since they are living in a country that continues to rank first on global indices measuring LGBTIQ+ legal and policy frameworks.
However, they do not enjoy the same rights as Maltese members of the LGBTIQ community.
That is why five organisations and several individuals came together on the occasion of International Day Against Homophobia, Transphobia, Interphobia and Biphobia to call on the government to make four changes to Maltese legislation.
Four recommendations
Aditus, Drachma, Malta LGBTIQ Rights Movement, Rainbow Families Network and The Malta Foundation for the Wellbeing of Society recognise the “remarkable strides” in the LGBTIQ area in Malta, but the country’s asylum system and legislation “fails to fully embrace and protect those escaping oppression for their sexual identity”, they are telling the government.
Under current legislation, Malta can describe a country as ‘safe’ for the return of asylum seekers even where LGBTIQ identities or behaviour are criminalised.
The human rights advocates are therefore urging Malta to remove countries that criminalise LGBTIQ people or behaviour from the list of “safe countries of origin”.
Many LGBTIQ migrants still meet the same prejudices and injustices from which they sought to escape- Former president Marie-Louise Coleiro Preca
Separately, all people arriving in Malta by sea in search of protection are immediately detained in centres described as “institutional neglect” by the Council of Europe. LGBTIQ asylum seekers have often reported lack of privacy, fear of coming out, harassment, bullying and violence in detention.
On Friday, Nasier told a meeting of people willing to support the NGOs’ call for legal amendments that when he landed in Malta he initially thought he was in an Arab country and was therefore fearful of alerting officials about his sexuality.
It was only when he recognised the Red Cross logo, which he had seen in his home country, and met an official who was aware of his sexual identity, that he was directed through the right process that eventually landed him refugee status.
Persecuted for his sexuality from a very young age despite trying to keep it under wraps from the age of 10, Nasier was so desperate to “choose life over death” that he sold his belongings, including his house, within a month to attempt to flee north Africa through Libya.
He boarded a boat “headed to Europe” four times. The first time the boat “broke” an hour after departure, while the second and third time he was returned and imprisoned.
“I knew nothing about Malta when I landed, and when I heard local people I thought I was in another Arab country so I was sure I won’t divulge my sexuality.
“Nowadays, as a refugee in Malta I finally have a place to call home. A place that whenever I’m abroad I look forward to returning to, rather than feeling desperate to flee.”
Aditus’ Neil Falzon said that if Malta brought its practices in line with international and European law, Nasier’s success story would not be a one-off.
“Nasier met the right person at the right time. If Malta implemented quick assessment to determine a person’s individual needs, several others like Nasier would not be returned to a country where their true identity is criminalised.”
Falzon added that a third loophole in Maltese law was that the island’s definition of family members stopped at “spouses and children”. LGBTIQ refugees from countries where same-sex relationships are criminalised can therefore never be reunited with their long-term partners whom they could not marry in their home country.
Lastly, Malta’s Gender Identity, Gender Expression and Sex Characteristics Act allows only Maltese citizens to benefit from the right to gender identity. This means that non-nationals are unable to have their personal and official documents reflect their true gender.
Double discrimination
Marie-Louise Coleiro Preca, a former president and head of the Foundation for the Wellbeing of Society, told the meeting that such “double discrimination” resulted in the further marginalisation and vulnerability of LGBTIQ migrants.
“Many LGBTIQ migrants still meet the same prejudices and injustices from which they sought to escape. The horrendous stories from within refugee camps and detention centres where lack of access to basic services and a heightened risk of exploitation and violence, is often the order of the day.
“We know that transgender migrant women are especially vulnerable to abuse, especially if detained in cisgender spaces,” she said, warning it was not enough to “simply acknowledge struggles”.