Malta and European migration

Dr Tonio Borg, Malta's home affairs minister, sounded the right note when addressing a Council of Europe conference of ministers responsible for migration affairs in Helsinki on September 16-17. He said:

"The kind of Europe we are building should not be fortress-like, but outward-looking. Our continent offers itself as a beacon of hope to the weary, the vulnerable and the exploited. But, as representatives of European governments, we can never ignore public opinion on the problems which migration, if left uncontrolled, may give rise to. If we do, attitudes will take longer to evolve, fomenting the extremist feelings which are already thriving in certain countries. We should always lead public opinion and not be its slaves.

"However, we cannot ignore the legitimate concerns and anxieties of ordinary people, and we cannot project ourselves as being detached from them. A balanced approach towards this delicate matter will ensure that our common values will be put in practice in a way which is accepted by the majority of the people we represent."

Dr Borg started by drawing the attention of the ministers present to the particular situation of countries at the periphery of Europe which, like Malta, are caught in the middle of the mass exodus of people leaving North Africa for Europe. This exodus is made up of refugees, leaving their countries for political reasons, and migrants who leave to improve their economic conditions by settling in Europe, even illegally.

At the moment, Malta has 400 recognised refugees and other humanitarian cases, and 500 irregular immigrants in detention. In addition, the immigration authorities deport some 700 immigrants by court order every year and 2,500 are refused entry into Malta. These figures are high for a country of Malta's size.

European border police

Dr Borg expressed support for the Italian proposal to set up a European border police. He emphasised that:

"Our common values require us to offer shelter to those fleeing persecutions, to greet those unable to return to their countries, to offer an economic future in line with one's own economic requirements and moral responsibilities. But to ignore the problem of illegal immigration, and to let it be borne mainly by the peripheral countries of Europe, is a recipe for disaster. To create a European area of freedom, security and justice, all European countries must share the burden of protecting the continent's external borders."

Dr Borg recalled that Malta had recently strengthened its laws with the double purpose of tackling these problems and aligning its legislation with that of the European Union. In 2000 it enacted a Refugee Act, setting up a refugee commissioner and a refugee appeals board. The status of refugee gives the beneficiary the right to work, social assistance, free hospitalisation and education, and a travel document. In addition, the punishment for organising illegal migration, whether to or from Malta, has been increased tenfold.

Malta will also soon ratify the United Nations Palermo Convention and its two protocols on smuggling of migrants by land and the prevention and punishment of trafficking in persons, especially women and children. To this end, the criminal code has been amended and new criminal offences established. Of course, laws and official action do not suffice to stamp out illegal immigration, trafficking and slavery in its various forms. They should be combined with education in schools and in the media to strengthen awareness of these problems.

The Helsinki conference was also addressed by Dr Joseph Licari, Malta' ambassador to the Council of Europe and vice-chairman of its committee of ministers' deputies. Dr Licari recalled that the Council of Europe's activities and usefulness can best be appreciated over the medium and long term, because its contributions to improving the European order have to be agreed upon by many states and, therefore, necessarily take a long time to mature.

Starting in 1955, the Council of Europe drew up and adopted the European convention on establishment, followed in 1977 by the European convention concerning migrant workers, and in 1992 by the convention on the participation of foreigners in public life at the local level. Its main legal instrument, however, is the European Social Charter which reflects the member states' commitment to the recognition of foreign workers' rights and their integration in their countries of adoption.

The Council of Europe also had two subsidiary bodies of its Committee of Ministers working in the area - the European Committee on Migrations and the ad hoc committee of experts on the legal aspects of territorial asylum, refugees and stateless persons.

Thanks to the work of these committees, the organisation could make a constructive contribution to the development of a common approach among the member states, which led to a good number of recommendations. The latest one was adopted by the Committee in March and related to the legal status of persons benefiting from family regrouping.

Orderly control of migration

Dr Licari said these instruments had been in place when Europe rejoined its past history by overcoming its previous division and refound its geographical unity as a continent. These major political developments led to a continuation of the age-old tradition of population movements across the continent, sometimes voluntary and sometimes not.

Migration had increased both as a result of greater integration within the European Union and the wars in the Balkans and the Caucuses. The growing population of the countries of North Africa added to the pressure.

In agreement with Dr Borg, Ambassador Licari emphasised that the Council of Europe promoted a strategy of orderly control of migration flows, based on the current economic and social conditions of the member strates and their future demographic and employment prospects. At the same time, policies had to be consistent with fundamental principles, especially respect of human rights and freedoms.

He noted that "Prudence must guide the analysis of such a delicate problem, but it should not leave any room for hesitation on the principles at stake. The fact that a migrant is in an irregular or illegal situation does not deprive him of his human dignity. He has his inalienable human rights."

Dr Licari said that there was strong support in the Parliamentary Assembly of the Council of Europe for the Secretary General's initiative to hold a third summit meeting of heads of state and government of member countries. The Committee of Ministers would be dealing with this issue, which could give a prominent place to inter-cultural and inter-religious relations and their effects on migration among European and neighbouring countries.

The Helsinki conference adopted an ambitious declaration and plan of action which will involve long-term co-operation in the legal, social and cultural fields among all the member states. It will also further integrate the activities of the Council of Europe Development Bank, originally set up to finance the resettlement of refugees in the 1950s, which has since expanded into other fields.

Perhaps the best prospects for concrete progress lie in a short reference to a proposal to set up a structure within the Council of Europe to implement a European strategy for migration and monitor future developments. The advantage of the Council of Europe, with its 44 member states, is that it straddles a wider area than the European Union and includes countries which are the potential source of future migration. It could thus complement the EU's efforts to regulate immigration from outside its borders.