Interview: Another summer of discontent

by David Lindsay
Monday, July 02, 2007

By geographic quirk, Malta, the European Union’s smallest member state, has found itself charged with securing the EU’s southern frontier – a severe, recurring strain on the country’s resources and infrastructure.

But Malta is increasingly finding itself between a rock and a hard place – unable to repatriate hundreds of migrants because of non-refoulement requirements of international law and the inability, unlike similarly beleaguered islands such as the Canaries and Lampedusa, to send migrants landing on its shores on to mainland Europe.

As Malta seeks to perform the impossible in finding new spaces in its overcrowded open and detention centres, it is appealing to its fellow EU member states to step in and tangibly express the ideal of European solidarity.

But with such solidarity presumably waiting in the wings while northern Europe, largely unaffected and seemingly apathetic to Malta’s plight, Malta has also found very little by way of cooperation from Libya, whose search and rescue area abuts that of Malta and which it has so far this summer shown precious little responsibility for.

In the meantime, Malta has been lambasted by the European press, on most occasions erroneously, for not intervening where Libyan diligence has been found lacking. With a search and rescue area the size of the United Kingdom under Malta’s responsibility, Malta’s recent and modest burden sharing proposals were given a largely lukewarm reception by its fellow EU members.

Meeting Deputy Prime Minister and Justice and Home Affairs Minister Tonio Borg at his office last week, he was confident a solution would come into sight in the near future, but also expressed concern over the current state of affairs.

“When speaking of immigration,” Dr Borg explains, “we have to seek tentative partial solutions on different fronts, whether it is putting our house in order, putting pressure on the EU, or maintaining successful bilateral talks with countries such as the United States, where we have succeeded mostly through fruitful discussion and good relations”.

By last Tuesday’s meeting, Malta had received 697 irregular migrants since the year’s inception – the vast majority of which arrived over May and June.

While still below last year’s comparative figure of 967, Dr Borg notes that June 2006 had been exceptional in migratory terms with 17 boats carrying 432 migrants making their way to Malta’s shores.

The Armed Forces of Malta have been hard pressed yet again this summer, carrying out rescue missions, patrols of Malta’s territorial and search and rescue waters as well as monitoring and providing assistance and humanitarian aid to migrant vessels in international waters, where they have freedom of passage.

But while this year’s figures remain below those of last year, Dr Borg points out the trends to develop over the rest of summer are unknown.

“For instance,” he comments, “last summer there was an actual decline in arrivals after having peaked in June, but will that trend continue? If we have a similar decline this summer I would be worried but not extremely so. If an opposite trend were to develop, however, a small nation like Malta would have a crisis on its hands.

“The current situation is not a crisis, but we are very near to it and it would be irresponsible of me to say this is not a problem that could lead to a crisis should the situation be aggravated further.

“But of course, there is no reason to panic, we have been through this before and it does not mean that we will not be able to tackle it.”

With patrols by Frontex, the EU’s border control agency having started last week, Dr Borg is not wholly upbeat on their effectiveness, without crucial Libyan participation and responsibility for its search and rescue area, an area where diplomatic efforts have so far been unsuccessful, although he does see a ray of hope in the recent Libyan acceptance of migrants in difficulty in its waters.

“We have Frontex patrols, which have limited value but are important as they send out a message in the central Mediterranean area,” Dr Borg observes, “as well as the big question of further cooperation with Libya.

“We have very good ties with Libya, but we have problems in that they are not as ready to cooperate on migration as in other fields.

“So even though the overall picture of relations between the two governments is very good, on migration we have not yet reached where we want to arrive. I understand their position, but they have to understand ours as well. Perhaps dialogue is not what it should be.”

On Malta having been practically dragged through the dirt by the European media over the recent tuna pen, Spanish trawler and French frigate incidents, Dr Borg notes, “I am very happy that Germany, whose EU presidency comes to an end on Saturday, affirmed in the Council of Justice and Home Affairs Ministers that some of the reports against Malta were unfair and inaccurate.”

He also points out that many of the reports did not reflect government statements.

“For example, it is not true that that Malta refused the corpses recovered by the French naval vessel – the French government never said so and the French minister of the interior confirmed the corpses had not been collected from Malta’s search and rescue zone. Malta was ready to consider positively any request to receive the recovered corpses.”

Malta’s last intervention at the EU’s Justice and Home Affairs Council contributed greatly to a clarification of Malta’s position, amongst European politicians as well as the press.

Malta released a dossier detailing the controversial incidents, Dr Borg held a number of bilateral meetings and carried out interviews and interventions at Council.

Overall, he notes, “I think we succeeded in explaining Malta’s position”.

“There have been achievements and that is why we are here – to push forward our proposals and to defend our interests,” Dr Borg adds.

“We have sometimes accepted consensus on matters on which we did not entirely agree, but then we also have to put in our national interest. There are ways of doing this in the correct manner, which will ultimately lead to achievements in the medium term.

“I think the seed of the discussion and debate which will lead to solutions has been sowed. Such solutions will probably be applied in a limited exercise, but it will be a start.”

Dr Borg is, however, still critical about what he describes as a “feeble response to Frontex operations”.

“I expected something much better,” he comments. “It seems Frontex operations will last longer than last year and they have certainly been organised earlier.

“But the fact that Italy is not participating and that Libya is not cooperating renders the operation less efficient.

“I expected more states to participate but I am happy with the Greek and Spanish interventions, which were critical to the Frontex operation.

“Germany has sent two helicopters and it has also stated, in an important goodwill gesture, that it would take to Germany anyone saved by its helicopters.”

As to where migrants rescued by Frontex operations will be landed, Dr Borg is adamant that Malta will not take more than its fair share.

While migrants rescued nearer to Lampedusa will be taken there, Dr Borg adds, “Let’s see how it will work out. We always reserved the right, if something happens that makes Malta’s load unbearable, to withdraw. We had the same agreement last year and we are very clear on the issue.

“Not participating in Frontex, however, would have been the wrong decision since we need to send the message that the central Mediterranean is not a free-for-all zone.

“If the Frontex patrol were to take place in the Canary Islands but not in the central Mediterranean, the message to migrants and traffickers would be to divert all migrant traffic to the central Mediterranean.

“Additionally, rather than expecting Malta to do it alone, we now have other countries involved, although I would have preferred to have had more on board. If because of this lack of participation we feel the Frontex operation is not achieving its aim, there is nothing stopping us from withdrawing from the operation.”

But while burden sharing in most respects appears to fall short of the European ideal, Dr Borg explains Malta has received financial assistance amounting to some Lm2 million (EUR4.66m) going toward numerous projects, funding for NGOs, funding for the Marsa Open Centre and fuel for the AFM, itself running into hundreds of thousands of pounds.

Funding, however, is easier to agree upon than the essential burden sharing in terms of the resettlement of migrants in Europe.

“This,” Dr Borg comments, “raises certain fears, which is why I started (at JHA Council) by suggesting at least we apply burden sharing for people saved outside an EU member state’s search and rescue zone by an EU vessel.

“If a Spanish vessel collects people in distress in Libyan waters, it is unfair that Spain takes the entire load. That would penalise Spain for intervening, or Malta for being the nearest state.

“The proposal was made without renouncing our claim that burden sharing should apply to all those who arrive in Malta – at least we made a start, the proposal is being discussed but I don’t know where it will lead us.”

Although Dr Borg stresses he was not looking for an immediate positive reaction, he cites positive feedback from other EU peripheral states such as Italy and Spain.

The proposal, he adds, could be augmented in stages, perhaps to Frontex operations, or for limited durations.

“But,” Dr Borg adds, “if the present arrival trend continues, we might request a special session of the council if need be.”

While there have been changes proposed to the Dublin II convention, pushed forward mainly by Malta and Italy, Dr Borg is of the opinion the convention will most likely remain as it is – meaning the first EU state a migrant enters bears responsibility for his or her asylum request.

“My feeling is that Dublin II will probably stay as it is, but a review is coming up soon and we are going to take a very firm stand against the opposition, although it would be unfair to raise expectations that Dublin II would be readily changed in favour of the Mediterranean states.”

Malta’s policy of automatic, 18 month detention has been criticised by human rights groups, but Dr Borg cites a number of improvements to the system having led to just some 20 per cent of Malta’s migrants remaining in detention for the entire period.

“When I arrived at this office”, he explains, “detention was indefinite and it applied to everyone, including children. I first reduced detention, by a policy decision, so that the ultimate capping should be 18 months.

“Many, however, are released much earlier such as children and other vulnerable persons, who are released usually within four weeks after medical screening.

“I remember a time, some three to three and a half years ago, when children were detained for 18 or 20 months, to the extent that NGOs would request that they at least be sent to school. I remember, it was a big effort, the first time children of detainees were sent to government schools.

“Today children are kept in detention only provisionally until they are screened, after which they are released with their parents.

“The same applies to other vulnerable people, and I believe that the definition of vulnerability should be as liberal as possible.

“For example, if someone has had a traumatic experience following an incident at sea, perhaps seeing a family member drown, I think they should be released.

“Others, however, I feel should be detained. Imagine if last year we had released over 600 immediately all at once into the community. Each migrant arriving in Malta is equivalent to 200 arriving in Germany. It would create several large problems in terms of housing, labour etc. I am not pleased about it, but it is in the national interest.”

Moreover, Dr Borg points out that some 20 per cent of migrants remain in detention for the full 18 months. Malta’s application approval rate stands at 55 per cent, vulnerable persons are released within a month, while those who have not had their applications approved within 12 months are released as well.

“So this 18 months,” Dr Borg adds, “in actual fact applies to those who are not vulnerable and whose application has been definitely rejected.”

As a global amount, Dr Borg estimates the financial cost of the migratory phenomenon at some Lm1 million per year – taking into account items such as repatriation, medicines, food, shelter and the like – plus the salaries of over 100 detention officers, as well as man hours expended by the police and army, the latter of which is carrying some 80 per cent of the burden.

But while Malta awaits more tangible burden sharing efforts from its fellow EU members, the toll, and the continuous threat of an increased surge of migration over the rest of summer, remains.

“We all know that 7,800 migrants have arrived in Malta over the last six years, but it is not true that all remain here. Some are repatriated and some proceed onward.

“If they were able to leave Somalia, for example, cross the Sahara risking their lives, enter Libya and then take a second perilous journey to cross over to Europe and only to stop as close as Lampedusa, Sicily and Malta – many will take the additional risk of trying to cross over to mainland Europe.

“I don’t think we should be surprised that this happens. Only one in four migrants in Italy actually remain in the country. As such, don’t expect Malta to detain all the migrants it receives. We are not even capable of keeping all that arrive in Malta even if we wanted to.

“While the problem is there, and it is of gigantic proportions, there is also this natural safety valve. No one could stop someone who is adamant in continuing his or her journey after having risked so much to arrive here in Malta.

“My appeal to my European colleagues is that if they are going to leave the peripheral states to deal with the problem on their own, they could temporarily postpone the problem but, ultimately, burden sharing will come just the same – but in a disorganised way.

“As such, it would be a short-sighted policy to leave the Mediterranean states alone because, ultimately, this problem will be shared by everyone.”