Strict Abortion Laws

Malta's reproductive rights laws faced scrutiny during the review. The Committee questioned Malta's highly restrictive abortion legislation, which permits termination only when a woman's life is at immediate risk or her health is in grave jeopardy. The Maltese delegation defended their position, citing a 2023 legislative change that decriminalized medical intervention to save a mother's life. They also noted that since 2014, there have been no prosecutions related to abortion, down from two cases that year, attributing this decline partly to increased accessibility of emergency contraception.

The State emphasized that abortion laws are a matter of national legislation and noted efforts to support victims of sexual assault. When pressed on cases of rape or incest, the delegation highlighted available support services, including psychological assistance and safe housing for expectant mothers, as well as universal access to free childcare and education. However, they did not indicate plans to broaden abortion access. The Committee expressed concern about alignment with ICCPR obligations, particularly articles 6 and 7.

Search and Rescue Operations: Ongoing Concerns Despite Government Assurances

Malta's delegation during the dialogue

The Committee expressed significant concerns about Malta's treatment of asylum seekers and migrants, particularly the practice of detaining individuals under the 1982 Prevention of Disease Ordinance and the detention of unaccompanied minors awaiting age assessment. In response, the Maltese delegation defended their practices, stating that detention is used as a last resort following individual assessments and is regularly reviewed. They clarified that unaccompanied minors are placed in open centers and that the age assessment process is expedited. The delegation also highlighted improvements in detention conditions, including refurbishment and the addition of welfare officers.

The Committee raised alarm over Malta's search and rescue operations, citing specific incidents where the country allegedly failed to respond promptly to distress calls within its search and rescue region. Of particular concern was Malta's 2020 memorandum of understanding with Libya, which the Committee feared could lead to the return of asylum seekers to unsafe conditions. The Committee sought clarification on reports that Malta had commissioned private vessels to rescue boats in distress and subsequently disembark rescued individuals in Libya.

In response, the Maltese delegation strongly defended their actions, emphasizing that Malta has consistently met its international obligations by coordinating rescue activities within its designated region. They underscored that Malta has saved thousands of lives over the past two decades and hosts a significant number of refugees relative to its population size. The delegation firmly denied any accusations of pushbacks to Libya, stating that Malta only coordinates rescues and does not exert control over foreign vessels in international waters.

Despite these assurances, Committee member Santos Pais expressed skepticism, noting that the Committee did not fully endorse Malta's claims and emphasized the ongoing concern over deaths at sea. He mentioned the Committee's review of individual communication cases on such issues. One example is A.S. et al. v. Malta, a case where a Mediterranean shipwreck caused around 200 deaths. Although the claim against Malta was inadmissible, a similar claim against Italy found that Italy's delayed response and poor coordination with Malta violated article 6 (1) of the Covenant.

These concerns collectively highlighted potential violations of Articles 6, 7, and 9 of the ICCPR, emphasizing the need for Malta to align its migration policies more closely with its international human rights obligations.

Caruana Galizia's Murder: Catalyst for Media Reforms

Freedom of expression emerged as another critical concern. The Committee highlighted Malta's 38-place drop in the World Press Freedom Index over seven years and the narrowing of civic space. Central to the discussion was the 2017 murder of journalist Daphne Caruana Galizia, with the Committee pressing for details on the investigation's progress and measures to prevent similar incidents. In response, Malta's delegation reported that three individuals had been convicted and sentenced for the murder, with ongoing prosecutions against others, including the alleged mastermind. The delegation also outlined new protective measures for journalists, including a dedicated police unit and training programs. Efforts to implement recommendations from the public inquiry into Caruana Galizia's murder were also detailed, including the establishment of a committee of experts on media reform.

Malta also highlighted its 2018 Media and Defamation Act, which decriminalized libel and introduced protections against multiple lawsuits on the same journalistic report. Despite these measures, the Committee's persistent questioning suggested ongoing concerns about the robustness of press freedom protections in Malta.

Watch again the dialogue with the Committee here (part one) and here (part two).

Disclaimer: Transcripts of the dialogue available here powered by WIPO Speech-to-Text served as the main source of the presented article, which was generated with AI support. While all the information was carefully checked, please refer to the audio or UN WebTV for an official version of the dialogue. 

Recommendations of the Human Rights Committee

The concluding observations on Malta’s third periodic report were released on July 25, 2024. The State party is requested to provide, by July 25, 2027, information on the following recommendations:

National human rights institution

With reference to the Committee’s previous recommendation, the State party should expedite the adoption of legislative measures to establish the National Commission for the Promotion of Equality and Human Rights in full compliance with the Paris Principles (...).

Gender equality

The State party should intensify its efforts to ensure equality between men and women in all spheres, including public and private sectors. In particular, the State party should:

(a) Adopt effective measures aiming at equality based on disaggregated data on the representation of women and men in public or political affairs;

(b) Adopt measures (...) to address labour market inequalities, in particular those disproportionately affecting vulnerable groups of women (...);

(c) Raise public awareness of the principle of equality between women and men and the need to eliminate gender stereotypes.

The right to life and non-refoulement of migrants, asylum seekers and refugees

With reference to its previous concluding observations and General Comment No. 36 paragraph 63, the Committee recommends that the State party:

(a) Respect and protect the lives of all individuals who find themselves in a situation of distress at sea in accordance with international obligations on rescue at sea;

(b) Take all necessary measures to ensure that individuals in distress at sea within the search and rescue zone of the area over which the State party exercises power or effective control, are rescued without delay and disembarked at a place of safety (...);

(c) Adopt an approach to search and rescue operations that is in line with the Covenant and international obligations on rescue at sea (...);

(d) Review the Memorandum of Understanding with Libya to ensure that the human rights of refugees and migrants moving by sea are safeguarded and protected;

(e) Guarantee access to justice for individuals and non-governmental organizations conducting search and rescue operations (...);

(f) Review the grounds for determining asylum applications deemed “manifestly unfounded”, guaranteeing that any restrictions are proportionate and necessary;

(g) Ensure that all migrants and asylum seekers (...) have access to free legal aid and adequate interpretation services from the outset of proceedings (...); (h) Ensure fair and transparent trials of migrants facing criminal charges, such as ‘El Hiblu 3’ (...).

Here you can find all the recommendations given by the Committee in the Concluding Observations.

The follow-up report of Malta on the implementation of recommendations is due in 2027. The next list of issues will be adopted in 2030, and the next periodic report is due in 2031.