COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS INITIAL REPORT OF MALTA

Committee on Economic, Social
and Cultural Rights 9 November 2004


The Committee on Economic, Social and Cultural Rights today considered the initial report of Malta on how that country gives effect to the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report, Saviour F. Borg, the Permanent Representative of Malta to the United Nations Office at Geneva, said that as a democratic State founded on the principles of work and respect for the fundamental rights of the individual, Malta had been endeavouring to translate its commitment towards the protection and promotion of those rights at the national level.

Mr. Borg said Malta had contributed to and supported measures to improve the quality of life of millions among the world’s population. The many initiatives launched by Malta during the last four decades had led to the adoption by the international community of the Law of the Sea and the concept of the heritage of mankind, of measures to deal with the situation of elderly persons, and of measures to protect the global climate for present and future generations of mankind, among other things.

In the course of their consideration of the Maltese report, Committee Experts raised a number of questions pertaining to reported unequal treatment of citizens; inequality between men and women; minimum wage standards; the weakness of trade union activities; and trafficking in persons.

The Committee will issue its concluding observations and recommendations on the report of Malta at the end of its three-week session on 26 November.

Malta’s delegation was also made up of representatives of the Ministry for Family and Social Solidarity, the Ministry of Health, and the Permanent Mission of Malta in Geneva.

As one of the 150 States parties to the Covenant, Malta is obligated to submit periodic reports to the Committee on how it is complying with the provisions of the treaty. The 7-member Maltese delegation was on hand during two meetings to introduce the report and answer questions raised by Committee Experts.

When the Committee reconvenes at 10 a.m. on Wednesday, 10 November, it will deal with issues pertaining to its work. It will take up the fourth report of Denmark (E/C.12/4/Add.12) at 3 p.m. on Wednesday afternoon. A press release will be issued when the Committee concludes its public consideration of the report on Thursday, 11 November.

Report of Malta

The initial report of Malta (E/1990/5/Add.58) highlights the measures taken by the State party to comply with the provisions of the International Covenant on Economic, Social and Cultural Rights on an article-by-article basis. Malta is fully committed to free enterprise and trade and encourages private economic entrepreneurship. Every person in the country may freely own and dispose of property.

The report notes that the past decade has witnessed the enactment of a number of laws which have greatly improved the situation of Maltese women. Maltese women obtained the right to vote in 1947 and the first female to be appointed minister was in 1995. There are currently six women who have been elected members of the House of Representatives; there is also one female minister in the cabinet. Women in Malta remain largely underrepresented in public office; the topmost positions both within the civil service and private industry continue to be held largely by men.

Introduction of Malta’s Report

SAVIOUR F. BORG, Permanent Representative of Malta to the United Nations Office at Geneva, noted that his country continued to believe that the work being carried out by the Committee on Economic, Social and Cultural Rights was commendable and should be supported and encouraged. The Government of Malta considered that it was an essential and valid contribution towards the United Nations efforts to uphold the provisions of the Covenant and indeed of all international human rights instruments. In that context, the Government would continue to endorse resolutions and decisions adopted by the United Nations General Assembly to strengthen and enhance the work of the Committee and the other Committees mandated to monitor international human rights instruments.

Mr. Borg said that as a democratic State founded on the principles of work and respect for the fundamental rights of the individual, the Government of Malta had been endeavouring to translate its commitment towards the protection and promotion of those rights at the national level.

Since the report was submitted in May 2003, the Maltese Parliament had enacted important legislation, Mr. Borg said. Among the acts were the National Action Plan against Poverty; the National Action Plan for Employment; the Public Health Act; the Medicines Act; the Food Safety Act; and the Social Worker Act. Maltese authorities continued to consider and examine other possible legislation that would enhance and strengthen the situation of the Maltese population vis-à-vis the Covenant.

Malta had contributed to and supported measures to improve the quality of life of millions among the world’s population, Mr. Borg said. The many initiatives launched by Malta during the last four decades had led to the adoption by the international community of the Law of the Sea and the concept of the heritage of mankind, of measures to deal with the situation of elderly persons, and of measures to protect the global climate for present and future generations of mankind, among other things.

In conclusion, Mr. Borg said the report tried to identify measures and actions taken in a number of areas relevant to economic, social and cultural rights in Malta.

Questions by Experts

Following the introduction of the report, Committee Experts raised a series of questions. An Expert asked about the status of the International Covenant on Economic, Social and Cultural Rights within domestic law and if there was specific legislation designed to implement its provisions. The Expert also asked if public employees were aware of the provisions of the Covenant, if training was provided to such persons and if awareness raising programmes had been launched.

Another Expert asked if Malta intended to withdraw its declaration with regard to the teaching of minority religions; and if the Paris principles on national human rights institutions had already been realized. Alluding to the training of judicial and non-judicial personnel, he asked if training on the Covenant had been provided to such staff.

Referring to non-discrimination provisions, an Expert asked about the implementation of the law against discrimination and reports that people of Arab origin were prohibited from entering restaurants and nightclubs.

On the issue of invoking economic, social and cultural rights by citizens before courts, an Expert asked about the justiciablity of these rights.

Focusing his question on refugees and illegal immigrants, another Expert asked if such persons fully enjoyed their economic, social and cultural rights to the same extent as citizens.

An Expert said the report had provided different unemployment rates for women and men. In that case, what was the real unemployment rate in the country? What were the consequences of the flexibility of working hours in employment? On minimum wage, he asked if the wage a worker received could enable him to sustain the needs of his family to lead a decent life. Was the minimum wage assessed periodically? On the right to strike, the Expert said the Ministry of the Interior had discretional power against the right to strike; was there a plan to change legislation on that issue? What kinds of professions were excluded from the right to strike?

On industrial accidents, another Expert asked why statistics were kept only on incidents that involved invalidity claims and not on all other incidents. In 2001, it was reported that 5,000 accidents had been registered; did that figure indicate victims or incidents?

An Expert said he had received ample information about the existence of a high rate of industrial incidents in Malta. He recommended that the State ratify the 1993 ILO convention on the prevention of major industrial incidents.

Another Expert said that the right to the freedom of strike should be upheld in keeping with the ILO convention on the issue. If that was not the case, workers would be disadvantaged by the provision of compulsory arbitration which was provided for by the law.

The existing gap of 20 per cent disparity in salary payments between men and women was high, an Expert noted. What measures were being taken to implement the principle of equal pay for equal work?

An Expert asked about the attitude of judges with regard to corporal punishment and if cases had been submitted to courts. What was the rate of dropouts in school at every stage?

Another Expert asked about the prohibition of divorce in Malta, about domestic ill-treatment and about steps taken against trafficking in persons.

An Expert asked about the measures taken by the State party in order to supply clean drinking water to the population. Also, issues concerning cigarette smoking and alcohol consumption were not discussed in the report. What measures were taken against abuse of such substances by youth?

Response by the Delegation of Malta

The delegation said every effort had been made by the Government of Malta to implement the provisions of the International Covenant on Economic, Social and Cultural Rights. Training had been given to Government staff and efforts had been made to raise their awareness concerning the provisions of the treaty.

Malta was Roman Catholic, the delegation said, adding that freedom of religions was defended in all aspects. There were mosques and synagogues where minority religious groups observed their beliefs. The teaching of minority religions was also part of the freedom of religions which Malta was attached to.

Although the submission of the report took 13 years, that did not mean that Malta had not legislated provisions to implement the Covenant, the delegation said. The delegation would ensure the future prompt periodic submission of reports.

Malta had no discriminatory practices against foreigners contrary to the statement made by one Expert who had alleged discriminatory restrictions of foreigners from entering restaurants and nightclubs, the delegation said. The delegation had no knowledge of such practices. Contrary to the allegation, Malta encouraged tourists to visit the country.

Malta was worried about the high ratio of refugees, with 1,300 refugees living in the country at present, the delegation said. The Government was consulting with neighbouring countries on how to resolve the problems of refugees.

Persons with disabilities were provided with the necessary facilities, the delegation said, adding that disability provisions guaranteed accessibility to all benefits.

Asked why Malta did not ratify the ILO Convention 102 on social security, the delegation said that the country had been a State party to the European Social Charter since 1961; the Charter dealt with social security in its article 12. Malta believed that since its laws were compatible with the ILO convention, there was no need to ratify that convention.

Men and women were paid the same amount of money for the same work, the delegation said. However, depending on the nature of the work, low salaries could be paid to employees regardless of whether they were men or women.

Regarding industrial incidents, the delegation said that the rate was high, and that was why the Government was taking a series of measures in that regard.

No eviction was carried out without the person or persons having alternate housing, the delegation said. In the event the individual was allocated social housing, he or she was given the option as to the area of dwelling.

On the issue of “illegitimate” children, the delegation said the civil code was being prepared to clearly define the status of children born out of wedlock.

Smoking had been prohibited in many public places, the delegation said. The Ministry of Health had also created clinics to help people stop smoking. Seven such centres had been set up for that purpose. The age for the purchase of alcoholic beverages had been raised to 18 years. At the secondary level of school, sex education had been introduced with the aim of preventing sexually transmitted diseases.

With regards to trafficking in persons, the delegation said that two cases involving trafficking had been dealt with last year, and those who were implicated in the act had been prosecuted and had received prison terms. The immigration police had stepped up efforts in scrutinizing visas issued to individuals coming from risk countries. Sometimes women from a number of countries were brought into the country under normal visas and served as prostitutes.

Though scarce, water was accessible to all, the delegation said; however, because of the population growth and the increase in tourism, water was considered to be scarce. Many houses had wells from which they extracted water for drinking and other purposes. Permission was needed to dig a well, otherwise they were considered illegal. Malta was a country that had neither rivers nor forests, and the land was dusty.

The delegation said that this year, many foreign students were studying in Malta, many of them learning English. Many students were attracted by the low tuition fees. Maltese students studying abroad paid for their education, except in the case of scholarship grants by some countries.

Television programmes advocated human rights education in their transmissions, the delegation said. Further focus was also made on the promotion and protection of human rights, with special emphasis on the rights of children.


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