responding to racism in malta - globule...

Responding to racism in Malta

european network against racismnetwork ewropea kontra r-razzismu

Malta EN final.indt 3 09-05-2006 09:03:08

Generosity towards those in need and hospitability toward strangers

have always been characteristics that the Maltese have traditionally

taken pride in identifying themselves with. Until a few years ago how-

ever our society was relatively homogenous, and those amongst us

that did not share our religion or our race were a rare exception. As

a consequence, our structures never took into account the needs of

those who, owing to their diversity, had needs that differed from our

own.

Over the past few years, this reality has changed rapidly and signifi-

cantly, posing fresh challenges to our society and to the way in which

we view ourselves. Unfortunately, not everyone amongst us has

shown those qualities of generosity and hospitality that we so often

like to describe ourselves with and, under the pretext of preserving our

national identity, and often also in the name of religion, chose instead

to propagate in our society sentiments of prejudice and intolerance.

The emergence of far right groups in our country and an increase

in a kind of expression characterised by hate are both troubling

developments, as are incidents of violence and discrimination on

racial or ethnic grounds. In the 2004 elections for Malta’s European

Parliament representatives, an independent candidate of extreme

right and neo-nazi views managed to gather over 1,600 votes, a feat

hitherto unheard of in Malta’s bi-partisan political system.

Events at the Ħal Safi detention centre for irregular immigrants and

surveys indicating the propensity of a sector of our society to not ac-

cept other human beings simply because of the colour of their skin,

their religion, nationality or origin should be cause for concern and for

immediate action on the part of those amongst us who treasure hu-

man rights and the inviolable dignity of the human being.

OvERviEw Of RAcisM iN thE NAtiONAl cONtExt


OvERviEw ANd kEy ActivitiEs Of NAtiONAl cOORdiNAtiON

OvERviEw Of ENAR

ENAR Malta is a network of local non-govern-

mental organisations (NGOs) working together

to eliminate racism in our country. Membership

is open to any non-politically aligned NGO which

shares ENAR Malta’s vision of a society free from

racial prejudice.

The network was set up on 4th November 2005

on the initiative of Integra Foundation, Moviment

Graffiti, the Third World Group, Amnesty Interna-

tional - Malta Group, the Jesuit Refugee Service

(Malta) and the Jesuit Centre for Faith and Jus-

tice.

Owing to its recent formation, the aims and activi-

ties of the network are still in the process of being

determined. However, since the local debate on

racial equality is closely linked with migration is-

sues, these will undoubtedly feature prominently

in its work.

ENAR Malta is the local national co-ordination of

ENAR (The European Network Against Racism).

ENAR promotes the cause of anti-racism and

equal treatment for ethnic minorities and non-EU

nationals residing in the European Union.

ENAR is a network of European NGOs working

to combat racism in all EU Member States. The

NGOs have formed National Coordinations

(NCs), which constitute the membership of

ENAR and include ethnic minorities, immigrants’

associations, information centres, advocacy

groups, trade unions, faith based organisations

and many others. Democratically elected rep-

resentatives of each NC attend the Network’s

meetings where they are consulted on policy

and statutory issues. One of the representatives

of each NC should belong to an ethnic minority.

ENAR is determined to fight racism, xenopho-

bia, anti-Semitism and Islamophobia, to promote

equality of treatment between EU citizens and

third country nationals, and to link local/regional/

national initiatives with European initiatives.


The arrival on our shores of hundreds of migrants fleeing persecution or looking for a better future has caused a feeling of apprehension amongst a sector of our population. The language used in relation to this human tragedy unfortunately is often characterised by alarm and hysteria, and it is not surprising therefore that the main victims of rac-ism in our country are immigrants, asylum seekers and refugees.

Our country has found itself unprepared to manage this situation ad-equately. After enduring the hardship of up to 18 months in detention, immigrants often have to face bureaucratic administrative procedures in obtaining their identity cards and work permits, and this further hin-ders their integration. They face considerable obstacles in accessing accommodation on equal conditions, whereas the lack of certain serv-ices which take into account their specific needs sometimes causes them to be denied access to justice, particularly because of the im-possibility of accessing information about their rights in a language that they understand.

The problems that these individuals face however are not always the unintended result of administrative procedures. Instances of racial violence, as well as discrimination in employment or in the provision of services, have occurred. Foreigners legally present in Malta are often wrongly jeered at as being ‘clandestines’ due to the colour of their skin, whereas the word ‘refugee’ is also in itself becoming one of loaded negativity.

However it is not only immigrants who face discrimination and preju-dice. Members of religious minorities, particularly Muslims, are often subject to stereotypes, mainly the result of an educational system that does not provide us with correct information about other cultures.

thE NAtiONAl situAtiON: whO is ExpERiENciNg RAcisM?


It is a crime under Maltese law to incite to racial hatred through the use of any threatening, abusive or insulting words or behaviour or the display of any written or printed material. Our labour laws also specify that it is illegal to discriminate, either directly or indirectly on the basis of racial or ethnic origin, in employment or occupation. Harassment on the basis of race or ethnicity is also prohibited. This occurs when a person subjects another to any unwanted conduct which violates the dignity of the person or creates a hostile or offensive environment. Employers are put under an obligation to suppress harassment at the workplace and may face punishment if they victimise their employees for having enforced their rights.

Despite the above provisions however, much still needs to be done. The legal framework needs to be strengthened through the enactment of further anti-discrimination provisions in areas other than employ-ment, and provisions in our criminal code need to take into account any racist motivations when these form the basis of a crime.

In any case, legislation is never sufficient in eliminating racism in practice. Victims often face obstacles when availing themselves of their rights. These include the costs, delays and emotional distress involved in litigation, as well as a lack of awareness about their rights. For this reason, a comprehensive support structure that offers assist-ance to victims and which complements the legal framework needs to be put into place.

Public entities should also be put under an obligation to take into ac-count issues of equality at all stages of policy formulation and imple-mentation. This would eliminate the risk that the objectives of anti-dis-crimination legislation are inadvertently undermined through measures taken in other policy areas.

pOliticAl REAlity: NAtiONAl lAws AgAiNst RAcisM


In the Maltese context, in which the overwhelming majority of victims of racism are non-Maltese nationals, the role of non-governmental organisations becomes even more important. These groups play a crucial role in informing victims about their rights and in raising public awareness about the challenges faced by racial and ethnic minorities. They give a voice to individuals who, often owing to linguistic barriers, might not otherwise adequately represent their interests.

NGOs also play a vital role in striving to influence policies so that the interests of minority groups are taken into account and the negative impacts of measures taken are reduced. Their work addresses not only State entities but also other actors, including trade unions, busi-nesses and private individuals. They also provide independent moni-toring and expert knowledge which allow us to have a clear picture of the situation and to take appropriate action.

The work of civil society however does not benefit only racial minori-ties. Through their work NGOs promote values such as participatory democracy, equality and human rights. More concretely, they contrib-ute to a more just society with less discrimination and social exclusion. They give a positive image of racial minorities and throw light on the contribution they give in our society. They work in constant contact with those directly affected and therefore constitute the most reliable source of information on the issues concerned.

Finally, NGOs also provide certain services, such as education and training and welfare services, which ease the burden on the national social security systems and speed up the integration of the individuals concerned. This diminishes the risk of immigrants being exploited and portrayed as a threat to our society.

iMpORtANcE Of thE civil sOciEty iNfRAstRuctuRE


Many anti-racist NGOs have not traditionally engaged in legal processes, often this is for the simple reason that there was little law for them to refer to. However the adoption of the EU Race Directive (see section ‘EU and anti-racism’) and the development of national law, means that now more than ever litigation has the potential to lead to real change for those who are vulnerable to racism and discrimination.

As anti-discrimination is a relatively new field of law, NGOs have a role to play in raising awareness regarding its potential. Consequently the strategic litigation has come to the fore as a useful advocacy technique NGOs can both directly engage in strategic litigation and support others to do so by gathering data, assessing victims and engaging in advocacy.

“Strategic or impact litigation uses the court system to attempt to create broad social change”

The primary focus of strategic litigation is law or policy change rather than redress for an individual, though these two objectives are not mutually exclusive. Strategic litigation intends to reach beyond an individual case or victim, to create a context of enhanced protection for everyone who is vulnerable to discrimination. By changing law or setting precedents an individual case can have a ripple effect leading to change on a much broader level.

The concept of strategic litigation encompasses the selection of cases, case planning and management, as well as ensuring that favourable outcomes are implemented.

Not every NGO has the mandate or skills to engage in litigation, nor will litigation necessarily be the right strategy in many cases. Nonetheless, it is essential for all anti-racism actors to recognise the importance of strategic litigation as a tool for generating change.

REspONdiNg tO RAcisM: stRAtEgic litigAtiON


Manifestations of racism are a new reality in Malta, closely linked with the perceived threat that some wrongly feel that immigration is posing to our country. Despite Malta’s accession to the European Union, EU Directive 2000/43/EC, which seeks to implement the principle of equal treatment between persons irrespective of racial or ethnic origin, has still not been fully transposed into our laws. One direct consequence of this is that our country still lacks an independent body which provides assistance to victims of discrimination, conducts surveys, publishes reports and makes recommendations on any issue relating to racial discrimination, as required by the Directive. Moreover, the police force does not, unlike some of its counterparts in other European countries, gather data related to the racist motives of certain crimes. This makes it more difficult to assess the extent of racism in our country and to develop an adequate response to it.

It is for these reasons, as well as a lack of both human and financial resources, that civil society organisations in this field do not as yet pos-sess the tools to provide legal assistance to victims of discrimination or violence. In spite of this, NGOs are fundamental in addressing the problems caused by racial discrimination. They can re-direct the victim to the appropriate body, such as a trade union, and can intervene on behalf of the victim while constantly being vigilant on the situation and voicing concerns publicly.

In the near future the mandate of the National Commission for the Pro-motion of Equality will be extended to cover racial discrimination, and therefore victims will be able to obtain assistance from the Commis-sion.

sERvicEs AvAilAblE fOR thE victiMs Of RAciAl discRiMiNAtiON


National NGOs working on anti-racism are already seriously overbur-dened in their work to confront racism and discrimination. Why then should they also be concerned with what is going on in other Euro-pean countries, and in the institutions of the European Union itself?

Developing an understanding of racism in Europe is essential for two key reasons. Firstly, to promote learning and knowledge about what racism is and how to combat it and secondly to generate common tools across the European Union to combat racism. Experience over the last ten years has demonstrated that national governments can be convinced to take action at a European level, where they may not have been prepared to move forward alone.

Racism has a distinctly European dynamic. Europe’s colonial history underlines its role in fostering both historical and contemporary forms of racism; and the 20th century does not cast a positive light on the European legacy. Despite this long history Europe began to take rac-ism seriously relatively recently. Europe has a responsibility both to the people living within its borders, as well as internationally to take a leading role in promoting a vision of a world free from racism.

In 1997, Article 13 of the Amsterdam Treaty gave the European Union a legal base on which to develop ‘appropriate measures to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation’. Using these powers the Euro-pean Union adopted the Race Equality Directive in June 2000 (and later that year the Employment Equality Directive).

While the Race Directive was due to be fully implemented by July 2003, at the beginning of 2006 some Member States have failed to implement it. This reality raises questions about the continuing com-

why A EuROpEAN pERspEctivE is crucial: Eu and anti-racism


mitment of EU Member States to combat racism and discrimination. How-ever the Directive does have direct effect, which means that individuals can assert it before national courts, even where it has not been implemented.

The Race Directive gives protection against discrimination in employment and access to a range of goods and services, including social protection, health, social security and education. It puts forward a number of important definitions including: direct and indirect discrimination, harassment, and victimisation. Other significant aspects of the Directive are that it allows for positive action measures, the sharing of the burden of proof, and the establishment of equality bodies.

The principles enshrined in the Race Directive need to become core ele-ments of anti-discrimination law and practice across the European Union. Strategic litigation is a tool to ensure that this happens. To this end, it ex-pressly allows for NGOs to engage in proceedings in support of or on behalf of victims.

While Article 13 of the Amsterdam Treaty provided the context for develop-ments in the field of anti-discrimination, Article 29 of the Treaty on European Union included reference to preventing and combating racism. While the European Commission proposed a Framework Decision against racism and xenophobia (racism as a crime) in 2001, developments in this policy area have been disappointing; the Council has failed to adopt the Frame-work Decision. In addition the European Union has competence in other policy areas that either directly or indirectly impact on the fight against rac-ism, including: social inclusion, migration and asylum, and education.

The European Union is also involved in a range of other activities, includ-ing awareness raising (through the ‘For Diversity. Against Discrimination’ campaign) and funding of anti-racism projects. In 1997 the EU Monitoring Centre on Racism and Xenophobia (EUMC) was established. While the Centre is likely to be expanded to become a Fundamental Rights Agency in 2007, it will continue to focus on the problem of racism in Europe.


kEy liNks ANd sOuRcEs Of fuRthER iNfORMAtiON At EuROpEAN lEvEl

National Commission for the Promotion of Equality: www.equality.gov.mtCentre for Faith and Justice: www.jesuit.org.mtJesuit Refugee Service – Malta: www.jrsmalta.orgIntegra Foundation: www.integrafoundation.orgThird World Group: www.geocities.com/webgtd/index.htmMoviment Graffiti: www.movimentgraffitti.orgAmnesty International – Malta Group: www.aimalta.orgMalta Gay Rights Movement: www.maltagayrights.org

kEy liNks ANd sOuRcEs Of fuRthER iNfORMAtiON At NAtiONAl lEvEl

EU Monitoring Centre on Racism and Xenophobia: www.eumc.eu.int European Commission - anti-discrimination and relations with civil society: www.europa.eu.int/comm/employment_social/fundamental_rights/index_en.htm European Network Against Racism (ENAR): www.enar-eu.org European Roma Information Office: www.erionet.org European Union: www.europa.eu.int ‘For Diversity. Against Discrimination’: www.stop-discrimination.info Strategic Litigation of Race Discrimination in Europe: from Principles to Practice: www.migpolgroup.com/documents/2498.html Strategies on Litigation Tackling Discrimination in EU Countries: www.solid-eu.org


ENAR – MaltaP.O. box 12 VallettaTel.: +356 21 37 04 87 Email: [email protected]

This leaflet was prepared on behalf of ENAR in Malta and by the ENAR European secretariat. Download this leaflet: http://www.enar-eu.org/en/publication/national_leaflets/

ENAR43, Rue de la Charité • B-1210 Brussels • BelgiumTel: +32 (0)2 229 3570 • Fax: +32 (0)2 229 3575E-mail: [email protected] • Web: www.enar-eu.org

This leaflet is funded by the European Commission, DG Employment and Social Affairs.


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