The will to live

First things first. Asylum legislation already excludes those who have committed war crimes or other criminal activities, contrary to what was recently claimed.

What asylum legislation does need is revision to expanded protections for an emerging polycrisis. Think of climate refugees. Several European politicians are proposing further criminalising those seeking asylum by amending – or even eroding – the European Convention on Human Rights (ECHR) instead of strengthening those same legal frameworks.

Lately, Prime Minister Robert Abela stated that “human rights conventions no longer reflect migration realities”. He added that there are already many other conventions that block such proposed violations, considering the British or Italian model of relocating asylum seekers to third countries. Indeed, the European Convention on Human Rights (ECHR) is not a standalone.

The prime minister’s words carry even greater weight as Malta prepares to assume the presidency of the Council of Europe from May to November. Malta’s membership in the Council of Europe, under whose jurisdiction the ECHR falls, dates to 1965. Malta’s presidency provides our country with a crucial opportunity to shape the Council’s agenda to strengthen these safeguards.

Given the global political climate, existing conventions appear inadequate in addressing the magnitude of ongoing human rights violations, including those perpetrated against people seeking asylum. Human rights must be reinforced, not diluted.

To simplify matters, article 1 of the Human Rights Charter states: “All human beings are born free and equal in dignity and rights.” This principle should guide all discussions on asylum and migration legislation and policies unless international legislation is no longer binding.

Pope Francis, in his letter to the bishops of the United States of America last February, wrote about the human person’s “infinite and transcendent dignity”. This means that, being human, a child, a woman and a man, in all our diversity, should be treated with respect, which translates into protecting our inherent rights. Yet, civil society organisations repeatedly warn that these very rights are being systematically violated, particularly for people on the move, seeking asylum.

The rights of those fleeing from harm and persecution are being continuously breached throughout their journey: at borders, at sea and even in host countries. Some of those violations are even state-sponsored, as reports have revealed EU-funded coastguards committing atrocities.

Human rights must be reinforced, not diluted- Mario Gerada

The increasing number of people seeking asylum is a complex matter. Further violating the inherent dignity and rights of people is not the solution. Instead, we should seek real solutions, including reducing wars, reforming economic systems to prioritise people over profit and addressing climate change, which is exacerbating forced migration through droughts and natural disasters.

What is bewildering is that politicians are coming together and proposing to erode protections that have been foundational for at least the past 80 years. Such proposals should be unthinkable. If enacted, they would place all of us at risk – not just asylum seekers but every individual under the governance of these authorities. Instead of undermining human rights, we should advocate for justice, the conditions to make peace possible and war undesirable.

The situation in Malta serves as a case in point. As various local news agencies have already reported, the number of asylum seekers in Malta is far from being a matter of concern. According to UNHCR, there were 238 sea arrivals to Malta in 2024. Meanwhile, countries in the Global South, which bear the brunt of displacement, are being used as political pawns despite their minimal complaints. This is yet another example of how political power structures perpetuate colonial inequalities.

The well-known adage by Martin Niemöller, “First they came for…” reminds us of the dangers of scapegoating vulnerable groups to assert political dominance. Such tactics are antithetical to the core values of Christianity in all traditions and denominations. History has repeatedly proven that.

Is this an alarmist article? Perhaps but urgency is warranted. It is time for us European citizens to place our trust in those who seek truth, justice and human dignity, rather than those who promote violence and exclusion. We must heed Giorgio Agamben’s warning: if we accept the erosion of human rights for others, we may soon find ourselves subjected to that same treatment.

Despite the injustices and horrors in the world, hope persists. Enrique Dussel speaks of the “will to live”, and it is precisely this resilience that should drive governance.

Leaders proposing forms of governance sustaining all life must come together to rekindle hope, and the Migrants Commission stands firmly with them.

Mario Gerada is head of Pastoral Care at the Church’s Migrants Commission.