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09 March 2000

Afternoon
9 March 2000


A Representative of Malta this afternoon said that his country was free from racial tensions, language problems or divisions and that life went on in great harmony and with a high degree of tolerance between all members of the community.

The remark came as the Committee on the Elimination of Racial Discrimination started its consideration of the fourteenth periodic report of Malta on its compliance with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

Presenting his country's report, Lawrence Quintano, Senior Counsellor to the Republic of Malta, said that there were no cases before the courts alleging discrimination on grounds of race in violation of the provisions of the Constitution or that of the European Convention on Human Rights.

Ion Diaconu, the Committee expert who served as country rapporteur to the report of Malta, recalled that according to an Amnesty International report, a Gambian citizen had been beaten and subjected to abuse by five Maltese immigration police officers because of his race. The victim was hospitalized following the violence inflicted on him by the policemen, who, in addition, insulted him, he said.

Mr. Quintano was accompanied by Michael Bartolo, the Permanent Representative of Malta to the United Nations Office at Geneva.

Also taking part in the discussion were Committee experts Marc Bossuyt, Luis Valencia Rodriguez, Francois Lonseny Fall, Regis de Gouttes, Mario Jorge Yutsis, Peter Nobel, Deci Zou and Brune-Otto Bryde,

As one of the 155 States parties to the Convention, Malta must submit periodic summaries on the efforts made by the Government to implement the provisions of the treaty.

The Committee will continue its consideration of the report of Malta when it reconvenes at 10 a.m. on Friday, 10 March.


Report of Malta

The fourteenth periodic report of Malta (document CERD/C/337/Add.3) reviews the measures taken by the Government in order to comply with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination. In its introduction, the report highlights there have been no cases or allegations of discrimination on the ground of race, colour or ethnic origin. It stresses that the country has no incident that could imply any sort of undertaking in any act or practice of racial discrimination against persons, or institutions.

Malta has never had a constitutional court case challenging any law or administrative action based on racial prejudice or discrimination, the report states. Maltese citizens, who form the overwhelming majority of the population, are traditionally known for their acceptance of different cultures and ideologies.

The report provides general and specific information in relation to articles 2 to 7 of the Convention. According to the report, Malta has consistently continued to condemn racial discrimination and particularly the practice of apartheid. It also enumerates rights which both nationals and foreigners enjoy.

Presentation of Maltese Report

LAWRENCE QUINTANO, Senior Counsellor to the Republic of Malta, stated that his country was free from racial tensions, language problems or divisions. Life in Malta went on in great harmony and with a high degree of tolerance between all members of the community, including persons who might only be staying temporarily in the country.

Mr. Quintano said that an amendment had been made to the press act which affirmed that whoever should threaten, insult or expose to hatred, a person on the ground of race or ethnic origin would be liable on conviction to imprisonment for a term not exceeding three months and to a fine.

Referring to developments that had taken place recently, Mr. Quintano said that recent legislation had changed Malta's citizenship laws in order to apply multiple citizenship policy. Another legislation was also adopted to incorporate the 1951 Geneva Convention for Refugees. The new law guaranteed that a person should not be expelled from the country or returned in any manner to the frontiers of the territories where the life or freedom of that person would be threatened.

In conclusion, Mr. Quintano affirmed that there were no cases before the courts alleging discrimination on grounds of race in violation of the provisions of the Constitution or that of the European Convention on Human Rights. Nor had anybody lodged any official complaint with the Ombudsman about discrimination on grounds of race. The Ombudsman himself, who was empowered by the law to initiate action without any complaint being filed, had never felt the need to investigate whether Government employees discriminated against any person on the grounds of race or origin, he said.

ION DIACONU, the Committee expert who served as country rapporteur to the report of Malta, said the report was presented in accordance with the guidelines of the Committee. In the past, the Committee had regretted the absence of information on the implementation of social and economic rights in conformity with article 5 of the Convention, which the report did this time.

Mr. Diaconu said that the Committee should congratulate Malta for the efforts it had made to amend the press laws in order to punish threats, insults and hate attitudes expressed against persons or groups of persons on grounds of race, colour, ethnic or national origin. The prohibition of propaganda, which could create hostilities among the different groups of inhabitants in Malta, was also a significant step taken by the Government.

Mr. Diaconu continued to state that the amended texts, however, only partially satisfied the requirements of article 4 (a) of the Convention. They only punished crimes committed via the media and they did not punish acts of incitement to racial discrimination and acts of racial violence.

Turning to cases of racial discrimination and referring to a report by Amnesty International, Mr. Diaconu recalled the case of a Gambian citizen who was beaten and subjected to abuse by five Maltese immigration police officers because of his race. The victim was hospitalized for the violence inflicted on him by the policemen, who, in addition, insulted him, he said.

Mr. Diaconu also raised other cases of racial abuse, including that of three Libyan detainees who had been beaten and verbally abused with degrading words. The investigation of complaints of abuse at detention places had concluded that there were no incidents of racial discrimination involving the State. The Committee would have been satisfied had the complaints been brought to the attention of the courts and the result of the proceedings been published.

Other Committee members also expressed views on the Maltese report. Several experts focused on the situation of refugees and the distinction made by the Government in the treatment of European and non-Europeans. It was alleged that European refugees were allowed to stay while others were sent out of the country. The delegation was asked to explain the status of freedom of movement in the country.

LAWRENCE QUINTANO (Malta) said that the allegation of discrimination in the treatment of European and other refugees by the Maltese authorities was completely incorrect. Malta, although it had not yet signed the 1951 Geneva Convention for Refugees, had always hosted refugees coming from different horizons.

Mr. Quintano said that freedom of movement by foreigners was not restricted. However, he added, because of the dense population of the country, there was a certain control system. Even so, any person who "loved" the island could easily settle there. The country already had restructuring and unemployment problems, he noted.

Concerning the incorporation of international treaties into domestic legislation, Mr. Quintano said that all treaties were dealt with according to the country's treaty law, which distinguished the treaties to be adopted by the parliament and those which could be incorporated directly.

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