Repubblika welcomes Human Rights Commission bill
Says consultation is needed before the bill becomes law
Rule of law group Repubblika has welcomed a new bill establishing the National Commission for Human Rights and Equality but regretted a lack of consultation about it.
The bill started being debated in parliament on Tuesday.
"For many years Malta has remained among the few European countries without a National Human Rights Institution compliant with the Paris Principles, despite repeated recommendations from international bodies and the European Commission’s annual Rule of Law Reports, which successive governments ignored. It is therefore encouraging that the government has finally acknowledged the need to address this gap in our country’s constitutional framework," the rule of law group said.
However, it said, the government had chosen to present parliament with a Bill of constitutional importance without serious and meaningful public consultation.
"The establishment of a National Human Rights Institution concerns the protection of the fundamental rights of every person in Malta. It was therefore to be expected that this reform would be developed through an open dialogue with civil society, independent constitutional institutions and experts in the field. Instead, the Government has once again presented parliament with a completed text without involving those who have been calling for these reforms for years."
It noted that the Ombudsman had presented a proposal on how such an institution should be established, but this work had been ignored.
Repubblika said it was also concerned that the proposed mechanism for appointing the Commissioner and the members of the Commission does not sufficiently guarantee their independence from the government.
It said the bill could also be strengthened by introducing more effective mechanisms to ensure pluralistic representation within the commission, by reinforcing parliamentary scrutiny of its work, and by guaranteeing the resources and safeguards necessary to ensure that its broader human rights mandate is not overshadowed by its important equality functions.
"Malta needs a National Human Rights Institution that not only complies formally with the Paris Principles but also enjoys, in practice, the confidence of citizens, civil society and the international community," the NGO said.
It called on the government to ensure that the parliamentary process now underway is accompanied by an open and meaningful public consultation, including detailed evidence from the Ombudsman, civil society organisations, members of the legal professions and independent experts.