EMN Annual Policy Report 2012 Malta

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Annual Policy Report 2012

on Migration and Asylum Policy

in Malta

EUROPEAN MIGRATION NETWORK

NATIONAL CONTACT POINT

MALTA

2013

Desk study completed by Maltese National Contact Point of the European Migration Network, which is co-financed by

the European Commission and the Maltese Ministry for Home Affairs and National Security.

This report is provided solely for the purpose of completing an EMN synthesis report on

Migration and Asylum Policy in Malta during 2012. The views expressed in this report do not

necessarily reflect those of the Maltese National Contact Point or that of the Maltese

Government.

The European Migration Network (EMN) is co-ordinated by the European Commission with National Contact Points

established in each EU Member State plus Norway.

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ANNUAL REPORT 2012

ON MIGRATION AND ASYLUM POLICY

IN MALTA

Executive Summary

In 2012, Malta continued to experience an influx of migrants entering the country irregularly

by boat. In this regard it is important to mention that a total of 1,890 irregular migrants have

reached the shores of Malta from Libya. The claimed nationalities of those persons who arrived

in 2012 were mainly Somali (1233), Eritrean (454) and Nigerian (79).

Similar to previous years, one of the main difficulties encountered in 2012 was the large

number of irregular migrants who arrived undocumented and the difficulties encountered in

relation to the procurement of travel documents for the return of those who were not eligible

for international protection. In this regard, as for previous years, efforts were conducted by

local authorities in the sphere of voluntary return by implementing a number of projects aimed

to improve the return of such immigrants. In this regard it is pertinent to mention the

RESTART III project, which provides a number of re-integration assistance packages for

irregular migrants opting to return voluntarily to their country of origin.

Moreover in 2012 local authorities implemented the Cooperation between Malta and African

countries to enhance migration dialogue and development) project (COMAM), administered by

IOM and the Ministry of Foreign Affairs and the Ministry for Home Affairs. The project aimed to

enhance diplomatic and administrative relations between the Maltese authorities and their

counterparts in Countries of Origin in Sub Saharan Africa in order to develop specific and

sustainable actions in the area of assisted voluntary return.

In 2012 the Maltese authorities also aimed to further strengthen Malta’s cooperation with

important Countries of Origin and reinforce its return management capacities in order to better

manage the return operations of illegal migrants by implementing the Strengthening Malta's

Long-term Return Management Capacity Project (MAREMCA II). The aim of the project was to

address Malta’s challenges related to the return of those migrants who do not (or no longer)

fulfil the conditions for stay in Malta. The MAREMCA II is organised by the Ministry for Home

Affairs and the International Centre for Migration Policy Development (ICMPD).

In the asylum sphere, in 2012 the extension of the Pilot Project for the relocation of

beneficiaries of international protection from Malta was being implemented, with some of the

relocation initiatives taking place on a bilateral basis and others being part of the EU co-

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financed extension of the Pilot Project. Following the relocation of beneficiaries of international

protection that took place in 2011, with 147 departing to Germany and another 10 to Ireland,

in 2012 more beneficiaries of international protection were relocated to participating Member

States. Germany relocated another 6 persons bringing the total to 153, Ireland relocated

another 20 beneficiaries, the Netherlands relocated 20 beneficiaries, 10 beneficiaries were

relocated to Denmark, Norway relocated a total of 31 beneficiaries, another 19 were relocated

to Switzerland, 4 were relocated to Lithuania, 4 were relocated to Portugal and 1 was relocated

to Liechtenstein.

It is also pertinent to mention that in 2012 a total of 307 beneficiaries of international

protection were resettled to the United States under the Unites States Resettlement

Programme bringing the total to 1,118 since 2007.

Throughout 2012, the Office of the Refugee Commissioner continued with its work to achieve a

sustainable asylum system, particularly aiming to further improve the quality of the asylum

decision. Similar to previous years, in 2012 the Office of the Refugee Commissioner invested in

a number of training initiatives to its asylum determination staff.

In 2012 the Agency for the Welfare of Asylum Seekers (AWAS) implemented a number of

integration oriented projects for the benefit of beneficiaries of international protection through

EU co-financing under the European Refugee Fund. One such project is the SPARKLET

(Supporting Open and Closed Reception Systems in Malta by Profiling, Action

Research and Knowledge Transfer).

During 2012, the National Commission for the Promotion of Equality (NCPE) carried out the EU

co-funded project JUST/2011/PROG/AG/1902 I’m Not Racist, But … with the aim of enhancing

equal treatment on the grounds of race or ethnic origin.

Several actions have been undertaken in the reporting year by way of implementation of the

National Action Plan on Combating Trafficking in Persons. In this regard it is pertinent to

mention that a number of training sessions were delivered by IOM experts to professionals

experienced in the field. Other initiatives were undertaken in 2012 such as the setting up of a

Stakeholder Task Force at Operational Level made up of several stakeholders and the

establishment of a Prostitution and Trafficking in Human Beings Unit within the Police Vice

Squad for further specialisation. Furthermore in 2012, work was conducted vis-à-vis an

awareness raising campaign. It should also be noted that the actions being implemented by

Malta in 2012, also contribute to the implementation of provisions Directive 2011/36/EU on

preventing and combating trafficking in human beings and protecting its victims, and replacing

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Council Framework Decision 2002/629/EC, particularly vis-à-vis victim protection measures

and the provision of training.

Also during 2012, the FRONTEX co-financed the project MELITA. The Malta Police hosted the

consular officers of Ghana, Nigeria and Bangladesh to carry out interviews with irregular

migrants. As a result of these interviews, documents for Nigerian and Ghanaian nationals were

procured and repatriation flights to these destinations were organized.

During 2012 Malta continued to participate in FRONTEX co-ordinated activities and operations.

Police officers were sent to Operation Poseidon as in previous years. Malta also participated in

five Joint Return flights to Accra and Lagos.

Efforts in 2012 were also conducted by the Malta Police together with the Italian Department

of Public Safety in order to foster the cooperation and communication methods used in order to

tackle various issues related to irregular migration. In this regard it is relevant to mention that

in October 2012 the respective authorities signed a Memorandum of Understanding between

the Malta Police and the Italian Department of Public Security to strengthen police cooperation

in the fight against trafficking in human beings, illegal immigrants, organised crime and

terrorism.

1. INTRODUCTION

Compilation of the Maltese Annual Policy Report 2012 was coordinated by the Policy

Development Directorate and the National Contact Point which operates within the Third

Country Nationals Unit of the Ministry for Home Affairs. The information used was from

published and unpublished reports with a view to report policy developments and also from

consultation with relevant departments and entities for supplementary information and data.

The aim of the report is to provide an insight into the most significant political and legislative

developments, as well as public debates, in the area of migration and asylum. The EMN Annual

Policy Report 2012 covers the period 1st January 2012 to 31st December 2012.

Consultation with various relevant departments and entities involved in the migration scenario

was conducted in order to compile the EMN Annual Policy Report 2012. These entities provided

official information and statistical data relating to their respective areas of competence. Within

the Ministry for Home Affairs, contacts involved the Office of the Refugee Commissioner, the

Malta Police Force Immigration Section within the Special Branch and the Agency for the

Welfare of Asylum Seekers. The Department for Citizenship and Expatriate Affairs and the

Central Visa Unit, as well as the Global Issues Directorate falling under the Ministry for Foreign

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Affairs were also contacted. The Ministry for Education and Employment and the Ministry for

Justice, Dialogue and the Family and their institutions, namely the National Commission for the

Promotion of Equality (NCPE), Aāenzija Appoāā and the Employment and Training Corporation

were also consulted. Consultations were also held with the Migrant Health Unit within the

Ministry for Health and the Elderly. Published Statistical data was solicited from the National

Statistics Office.

The terms and definitions adopted in the EMN report are faithful to the terms and definitions

found in the EMN Glossary.

The terms ‘reallocation’, ‘relocation’ and ‘resettlement’ are used interchangeably and refer to

the transfer of beneficiaries of international protection from the country in which they were

first granted international protection to another which has agreed to host them.

1.1 Structure of Asylum and Migration policy

The Ministry for Home Affairs has leading responsibility for asylum and illegal immigration,

while other aspects of migration fall under the responsibility of the Ministry of Education and

Employment, the Ministry of Finance, the Economy and Investment and the Ministry of Foreign

Affairs.

As mentioned in previous Annual Policy Reports the enactment of the Refugees Act (Cap 420)

in 2002 paved the way for the creation of the two asylum determination bodies, namely the

Commissioner for Refugees and the Refugee Appeals Board. Responsibility for overseeing the

provisions of the Immigration Act (Cap 217) and the control of illegal immigration lies with the

Police Special Branch, whilst the Armed Forces of Malta, which falls under the responsibility of

the Office of the Prime Minister, is responsible for maritime border surveillance and rescue

Within the Ministry of Foreign Affairs, the Department of Citizenship and Expatriate Affairs

deals with citizenship issues in accordance with the Maltese Citizenship Act (Cap 188) and

applies the relevant provisions of the Immigration Act (Cap. 217) relating to residence permits.

Also within the same Ministry, the Central Visa Unit is responsible for handling visa requests,

and facilitates networking between all of Malta’s diplomatic missions and consular posts, thus

playing a key role in application and authorisation procedures.

The Employment and Training Corporation (ETC), which falls under the Ministry of Education

and Employment, primarily provides and maintains an employment service for prospective

employees and for employers. The ETC also provides training courses to those wanting to

improve their skills. Information regarding employment and training opportunities, as well as

other practical information relevant to migrant workers and their families, is also available on

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the ETC website. Beneficiaries of international protection are also entitled to attend training

courses organised by the ETC, in the same way as nationals. They also have access to services

offered by the ETC.

The National Statistics Office (NSO) under the Ministry of Finance the Economy and

Investment is responsible for the collection, compilation, analysis and publication of a wide

range of statistical information and related matters.

2. OVERVIEW OF ASYLUM AND MIGRATION POLICYDEVELOPMENTS (6-8 pages)

2.1 Political developments

Pursuant to in the Cabinet reshuffle of January 2012, the Ministry for Justice and Home Affairs

was re-designated as the Ministry for Home and Parliamentary Affairs. Following the

resignation of the Minister for Home and Parliamentary Affairs in May 2012 the Ministry was

re-designated as the Ministry for Home Affairs, under the direct responsibility of the Prime

Minister. The Justice portfolio passed to a new Ministry, namely the Ministry for Justice,

Dialogue and the Family. Another two Ministries were affected by the changes made, namely

the Ministries re-designated as the Ministry of Finance, the Economy and Investment and the

Ministry of Education and Employment.

The Deputy Prime Minister and Minister of Foreign Affairs Hon. Dr. Tonio Borg was nominated

for the post of European Commissioner by the Maltese Government in October 2012. Following

his official confirmation, Hon. Dr. Tonio Borg resigned as Deputy Prime Minister and also

resigned as Minister of Foreign Affairs once he took his seat at the Commission. Dr. Francis

Zammit Dimech took his role as Minister of Foreign Affairs in November 2012.

In December 2012, the Prime Minister advised the President to dissolve Parliament and an

election is being called on the 9th of March 2013.

2.2 Overall developments in asylum and migration

In 2012 Malta continued to experience an influx of migrants entering the country illegally by

boat, even after the termination of hostilities in Libya. In fact, a total of 1,890 illegal migrants

have reached the shores of Malta (as at 11 December 2012) from Libya. The claimed

nationalities of those persons who arrived in 2012 were mainly Somali (1233), Eritrean (454)

and Nigerian (79).

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At the same time, the extension of the Pilot Project for the relocation of beneficiaries of

international protection from Malta was being implemented, with some of the relocation

initiatives taking place on a bilateral basis pursuant to pledges made in a European context,

with others being part of the EU co-financed extension of the Pilot Project in terms of the

European Refugee Fund Community Actions.

Following the relocation of beneficiaries of international protection that took place in 2011,

with 147 departing to Germany and another 10 to Ireland, in 2012 more beneficiaries of

international protection were relocated to participating Member States. Germany relocated

another 6 persons bringing the total to 153, Ireland relocated another 20 beneficiaries, the

Netherlands relocated 20 beneficiaries, 10 beneficiaries were relocated to Denmark, Norway

relocated a total of 31 beneficiaries, another 19 were relocated to Switzerland, 4 were

relocated to Lithuania, 4 were relocated to Portugal and 1 was relocated to Liechtenstein. It is

also pertinent to mention that in 2012 a total of 307 beneficiaries of international protection

were resettled to the United States under the Unites States Resettlement Programme bringing

the total to 1,118 since 2007.

During the year immigration-related issues were extensively covered by the media. The main

focus was on the rescue operations by the Armed Forces of Malta, which resulted in illegal

migrants being brought over to Malta. Reference was also made in the media to the

implementation of the extension of the Pilot Project for the intra-EU relocation of beneficiaries

of international protection from Malta (EUREMA) and the ongoing resettlement programme

with the United States.

Coverage was also conducted on a pending court case relating to Detention Service officials

accused of the murder of a Malian migrant.

3. LEGAL MIGRATION AND MOBILITY (5-10 pages)

3.1 Economic migration

In 2011 efforts were conducted to improve the employability of migrants legally living in Malta

by the Employment and Training Corporation (ETC)1. The Agency for the Welfare of Asylum

Seekers (AWAS) provided additional support to beneficiaries of international protection.

The Conditions of Entry and Residence of Third-Country Nationals for the purpose of Highly

Qualified Employment Regulations (LN 433 of 2011) transposed Council Directive.

1 The Employment and Training Corporation (ETC) is the public entity responsible for the employment sector. The ETC also offers training to service users. ETC falls under the responsibility of the Ministry of Education and Employment.

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ETC attempts to forecast and anticipate skills through monitoring of vacancies submitted

directly to the Corporation, through the monitoring of local newspapers vacancy adverts,

through meetings with various stakeholders and through monitoring of employment licences

applied for. This gives an indication of the type and the extent of skills required in the labour

market and the shortages being experienced in particular occupational sectors.

The Corporation strives to strengthen its links with private employment agencies, social

partners and other organisations including Malta Enterprise in order to better understand the

extent and remit of local and foreign direct investment and therefore, the type of occupations

that will be available in the short and medium term. As such the situation pertaining to

specific skills shortages is effected by a number of other factors which are beyond the control

of the PES. To this end, greater collaboration amongst the various stakeholders, social partners

and employers is needed to spur on a greater understanding of labour market dynamics.

In an effort to address such needs the Corporation operates a number of employment and

training schemes, intended to facilitate the integration of jobseekers as well as cater for the

labour market demands including specific skills shortages.

EURES Malta strives to attract more highly skilled EU nationals to Malta, in areas where labour

market shortages exist. The supply in sectors such as construction, hospitality and caring is

lacking, as local jobseekers and workers are aspiring for better quality jobs. EU and third

country nationals are, to a certain extent, filling gaps in the aforementioned sectors.

Applications for an Employment Licence from TCNs are subject to a labour market test. There

are many aspects to labour market consideration, including the national situation in respect of

surpluses or shortages in the given occupation and sector; the employer’s history and situation

in terms inter alia of recruitment and redundancy patterns; business investments; and

contractual commitments. The third country national’s skill level, relevant experience and

overall suitability for the position in question are also taken into account.

Applications for third country nationals from firms that have effected redundancies in the post

in question, or in similar positions to that being applied to, in the preceding twelve months will

not be entertained.

Moreover there are a number of specific occupational/sectoral considerations as follows:

In the case of applications for highly qualified employment, applications will generally be

considered favourably, in line however with the labour market situation. To be treated as

highly qualified employment, applications must illustrate clearly that certain conditions will be

met, which include the following. The third country national concerned must hold qualifications

at ISCED levels 5a, 6 or above and which must be validated by Malta Qualifications Council;

must hold any necessary documents in the case of regulated professions; must have a job

offer which may be considered as highly qualified employment and which involves the payment

of at least 1.5 times the average gross annual salary as defined in the most recent Labour

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Force Survey issued by the National Statistics Office (www.nso.gov.mt) but without prejudice

to any applicable collective agreements in the area concerned.

In respect of family members of diplomats stationed in Malta, applications are referred to the

Ministry of Foreign Affairs in view of the possible existence of reciprocity agreements. Where

no such agreements are in place, applications are subject to labour market considerations.

In respect of home-based carers, applications are at present not subject to a labour market

test. However, a medical certificate declaring that the applicant requires a full-time carer to

meet his or her daily needs, must be submitted with the application. In respect of carers for

children, a clear case must be made for the need to recruit foreign nationals, and if born

outside Malta copies of the birth certificates of children (aged under 16) must be submitted

with the application. If the children were born in Malta details regarding date of birth need to

be submitted for the Corporation to be able to retrieve a copy of the birth certificate from the

Public Registry.

In respect of culture and entertainment, the employer does not need to provide evidence of a

search for EEA/Swiss/Maltese candidates. He or she does however have to elaborate in the

covering letter on the reasons for the choice of the third country nationals concerned.

In respect of steel fixers, form work erectors and concrete shutterers, evidence of work

contracts is necessary. Employers may be required to actively participate in Open Days held by

the ETC and to interview suitable EEA/Swiss/Maltese candidates on request. Failure to do so

may result in non-issue of employment licences and/or revocation of current ones.

In respect of cleaners and room attendants, evidence of work contracts is

necessary. Employers may be required to actively participate in recruitment drives held by ETC

and to interview suitable EEA/Swiss/Maltese candidates on request. Failure to do so may result

in non-issue of employment licences and/or revocation of current ones.

In respect of chefs in restaurants offering ethnic cuisine, prior approval of the Malta Tourism

Authority is required in each case. Outlets with up to thirty covers may apply for up to two

third country nationals; outlets with up to one hundred covers may apply for up to three third

country nationals; outlets with over one hundred covers may apply for up to four third country

nationals. Applications from employers that engage the services of EEA/Swiss/Maltese

nationals as part of their staff complement will assist in the favourable consideration of an

application.

In respect of sportspersons, ETC will obtain the prior approval of the Malta Council for

Sports. In the case of footballers a copy of the contract of work submitted to the Malta Football

Association, would need to be submitted with the application for issue of Licence.

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In respect of foreign minors to work in film productions, these applications are referred for the

views of the Department of Industrial and Employment Relations (DIER) and a Licence is given

upon DIER consent.

3.2 Family Reunification

No developments to be reported

3.3 Students and Researchers

No developments to report

3.4 Other legal migration

No new developments to report

In 2011 amendments were made to the national “Status of Long term residents (Third Country

Nationals) Regulations”, which transpose the provisions of Directive 2003/109/EC, whereby

integration measures were introduced in connection with the acquisition of such status. All

relevant information on legal migration to Malta was made publicly accessible on the websites

of the Employment and Training Corporation and also the Citizenship and Expatriate Affairs

Department.

3.5 Integration

In 2011, efforts were conducted to integrate legal migrants residing in Malta by the

Employment and Training Corporation (ETC) and the Agency for the Welfare of Asylum Seekers

(AWAS). The Ministry of Health, the Elderly and Community Care also embarked on a number

of measures aimed at promoting integration. It is also relevant to mention that in 2011 the

National Commission for the Promotion of Equality (NCPE) continued to raise awareness and

disseminating information on equality, diversity and non-discrimination issues, including

racism and xenophobia. In addition, research on discriminatory treatment on the grounds of

race or ethnic origin was conducted in order to further knowledge on this subject matter.

The Agency for the Welfare of Asylum Seekers (AWAS) implemented a number of integration

oriented projects for the benefit of beneficiaries of international protection through EU co-

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financing under the European Refugee Fund. One such project is the SPARKLET (Supporting

Open and Closed Reception Systems in Malta by Profiling, Action Research and

Knowledge Transfer). This project had two phases – the first lasting 15 months from

February 2011 to May 2012 and the second phase commencing on June 2012 and ending on

the 15th November 2012. The overall purpose of the SPARKLET Project has been the

integration of the closed and open reception organisation in Malta, through the establishment

of a profiling system for service users. This project was led by the Agency for the Welfare of

Asylum Seekers and partnered by the Detention Service (DS), the Foundation for Educational

Services (FES), the International Organisation for Migration (IOM), Centraal Orgaan Opvang

Asielzoekers (COA) and the University of Malta (UOM).

The Responsible Authority (RA) of the General Programme Solidarity and Management of

Migration Flows has continued the implementation of the European Fund for the Integration of

Third Country Nationals (IF) and the European Refugee Fund (ERF), two funds under the

programme that try and facilitate the integration in Malta of Third Country Nationals (by

means of IF) and asylum seekers and refugees (by means of ERF). In the Annual Programmes

2013 (AP), which have been put forward for the European Commission’s approval in relation to

both funds, a number of actions are being proposed to be carried out between January 2013

and June 2015. The said actions are based on feedback received from a public consultation

session, which was organised by the RA on the 3rd of September, whereby attendees were

asked for feedback on the actual needs that can be assisted by the Funds in relation to

integration, amongst other actions. The AP 2013 for IF is therefore proposing to target various

actions focusing on the implementation of the common basic principles for policy of integration

of immigrants in the EU, through the:

1. Improvement of procedures for preparation of admission procedure to ensure

better integration;

2. Development and improvement of programmes and activities for the

introduction of newly arrived third-country nationals to the Maltese society and

their knowledge about Malta.

3. Development and improvement of the programmes and activities to provide

various consultations and information to third-country nationals in creating more

favourable opportunities for them to use public and private services.

4. Develop and Improve programmes and activities to provide consultations and

information to third-country nationals in creating more favourable opportunities

for them to use public and private services.

Other actions will focus on the elaboration of indicators and methodologies of evaluation for

appraisal of progress, adjustment of policies and measures and facilitation of coordination of

comparative learning through:

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5. The creation and implementation of the systems dedicated to collect and analyze

information on the needs of various categories of third-country nationals

Actions have also been identified to build on capacities within policy, coordinate and build

intercultural knowledge on various levels and governmental departments through:

6. The training on the intercultural competence, capacity strengthening and

diversity management for policy makers, servants and other persons working in

the areas pertinent to the objectives of IF;

7. Create and improve systems for cooperation, co-ordination and maintenance of

relations of competent institutions and other interested parties.

Lastly the IF will also be used to promote the exchange of experience, verified procedures and

information in the field of integration among member states:

8. To support cooperation, exchange of experience and good practice among

involved Member States on all levels of the integration process

On the other hand the ERF will be utilised to target various actions focusing on the different

aspects of reception and integration of asylum seekers and refugees. Focus is once again

being proposed for the:

1. Enhancement of assistance provided to vulnerable persons through the provision of

welfare–oriented services;

2. Continued provision of educational services and cultural orientation classes.

Apart from the proposed actions above, projects awarded under the 2011 Annual Programmes

have been implemented in the reporting year. Such activities are planned to be carried out till

June 2013. A number of these projects target integration from different aspects, such as for

example training to front liners dealing with third country nationals, organised by the Ministry

for Foreign Affairs and training provided to teachers on the teaching of languages to third

country nationals, organised by the Ministry of Education. Another project provides extra

curricular activities for teens and youngsters within a locality, which has a large number of

TCNs. The aim of this project, organised by the Foundation for Educational Services in

collaboration with the St Pauls Bay Local Council, is to facilitate their integration amongst their

Maltese counterparts. Studies in this regard are also being conducted by the Jesuit Refugee

Services, specifically amongst young refugees and the difficulties they encounter in order to

integrate into Maltese society. It is also pertinent to mention that other activities are being

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organised to bring the Maltese community closer to the third country nationals through food

tasting activities and the dissemination of recipe books with various food items prepared in the

TCN’s country of origin. This project is being organised by SOS Malta. Training addressing

directly TCNs is also being provided by the Employment and Training Cooperation to increase

their knowledge on the local aspects of daily life, while vocational training is being given to

asylum seekers and refugees by various NGOs such as Kopin Malta.

The implementation of such projects is made possible by means of apposite EU Funding

mechanisms. Funding does not only guide the way to integration through the pre-defined

priorities identified by Maltese authorities through the multi-annual programme, but also

provides the necessary assistance in order to enable specific activities to kick start. In fact the

IF through the implementation of 3 projects carried out at different periods between 2009 and

2012, has targeted directly 316 TCNs, while a larger number of asylum seekers and refugees

have been assisted through ERF amounting to over 11,000 immigrants.

Initiatives carried out in 2012 by the National Commission for the Promotion of

Equality to safeguard equal treatment on the grounds of race and ethnic origin

In 2012, the National Commission for the Promotion of Equality (NCPE) had its remit widened

to cover equal treatment on the grounds of race and ethnic origin (among other grounds) in

employment, education and training, as well as by banks and financial institutions. In fact,

Chapter 456 of the Laws of Malta – Equality for Men and Women Act was amended to enhance

the protection against discrimination on these grounds, thus extending NCPE’s remit.

During 2012, NCPE carried out the EU co-funded project JUST/2011/PROG/AG/1902 I’m Not

Racist, But … with the aim of enhancing equal treatment on the grounds of race or ethnic

origin. The general objectives of I’m Not Racist, But … are to develop a clear understanding of

the situation of ethnic minorities and housing and to empower respective stakeholders to

prevent or combat discrimination in this area; to empower the African minority to get their

voice heard, to advocate for their rights and to report discrimination; and to raise awareness

on racial discrimination and promote cultural diversity.

In fact, research is being carried out on immigrant and ethnic minority groups, housing and

accommodation, following which a training programme for property owners and their

representatives will be developed, alongside respective information leaflets. Training will also

be held with the African Minority in Malta, where the participants will be trained on issues such

as empowerment, lobbying and advocacy, getting one’s voice heard, reporting perceived

discrimination, and rights and remedies. The project also includes an awareness raising

component, namely an Anti-Racism Theme Day, comprising of various activities creating a

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multicultural atmosphere promoting diversity. In addition, media spots and video clips on race

and ethnic origin will be developed to spread antiracist messages and promote positive images

of ethnic minorities.

3.6 Citizenship and Naturalisation

No new developments to report

3.7 Managing Migration and Mobility

3.7.1 Visa Policy

3.7.2 Schengen Governance

3.7.3 Border Monitoring

During 2012, Immigration Police continued to participate in the joint project MAREMCA II,

(Strengthening Malta's Long-term Return Management Capacity II) organised by the Ministry

for Home Affairs and the International Centre for Migration Policy Development (ICMPD). The

scope of such a project is to enhance Malta’s return capabilities and in this respect negotiations

were conducted with countries of origin such as Sudan, Ghana, Nigeria, Gambia and Burkina

Faso. During the year under study some progress was reported with Nigeria and Burkina Faso

and it is foreseen that draft agreements may be signed during 2013.

Also during 2012, the FRONTEX co-financed project MELITA continued to be implemented.

Malta Police hosted the consular officers of Ghana, Nigeria and Bangladesh to carry out

interviews with migrants claiming to have their nationality. As a result of these interviews,

documents for Nigerian and Ghanaian nationals were procured and repatriation flights to these

destinations were organized.

The Armed Forces of Malta (AFM) continues to support the Malta Police in border control

issues, specifically in the protection of Malta’s blue borders. As Malta’s sole maritime force, the

AFM provides the full range of capabilities at sea required to conduct surveillance, detect

incidents and deliver and coordinate operational responses.

During 2012 the AFM continued to invest in upgrades designed to enhance these capabilities

including the procurement of a second Maritime Patrol Aircraft, improvements to the

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infrastructure at Air Wing, enhancements to existing maritime platforms and the procurement

of new maritime platforms to enhance rapid-response capabilities. All such procurement

activities were heavily supported with funding from the EU External Borders Fund.

In 2012 there was a continuation of training initiatives to AFM personnel in support of the new

equipment as well as with a view to improving general skills and knowledge. Such training was

conducted both on a national basis as well as part of joint training activities organised by

Frontex.

While not directly related to Border Control, the AFM established significant contacts with their

Libyan counterparts during 2012. This cooperation included the provision of training to the

Libyan Navy and Naval Coastguard, the conduct of joint exercises and a limited exchange of

operational information.

The SIS II project for Malta is possible through the implementation of hardware and

software solutions. The SIS II project is in an advanced stage of completion and is

expected to go live in first quarter 2013. A number of tests have been carried out in

accordance with the global schedule for the project as designed and implemented by the

European Commission. The final implementation phase includes the migration from

SISone4ALL to SIS II, the migration from SIRENE I to SIRENE II, and training of Malta

Police Force (MPF) personnel for the day-to-day operation of SIS II and SIRENE II

functions. In view of internal developments on the MPF systems, MPF have proposed

further infrastructure improvements, equipment and training in relation to the project,

whereby contractual change requests have been analysed for the purchase of further

equipment from PTL and implementation provisions on the Live and Test environments of

MPF by TBS IT TBS IT has contractual agreements for maintenance and support up to

2018. PTL have maintenance and support agreement up to November 2013, however, the

Ministry for Home Affairs has requested the Department of Contracts to extend this

agreement up to 2016 in line with the provisions of the same contract. Malta Information

and Technology Agency will be providing consultancy support to MHA Schengen Unit. Malta

has passed all the tests to-date, namely the PSAT, CTE and QT001, Milestone 2, and

Comprehensive tests. Malta is on schedule with the SISII implementation.

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3.7.4 Frontex

During 2012 Malta continued to participate in Frontex co-ordinated activities and operations.

Police officers were sent to Operation Poseidon as in previous years. Malta also participated in

five Joint Return flights co-ordinated by this Agency and their destination was Accra and Lagos.

AFM continued to engage with Frontex on a number of fronts. AFM assets and personnel

contributed to Joint Operations Poseidon (Greece) and Indalo (Spain). Furthermore AFM

participated in two significant initiatives being led by Frontex namely the European Patrols

Network (EPN) and EUROSUR. The former is a series of regular coordination meetings intended

to enhance cooperation between the respective national authorities in the Member States and

also supports the exchange of information on operational initiatives and technical

developments. The latter is a formal data-exchange network that will be used for the transfer

of all border-control related data between Member States over a series of information layers

integrated into a single interoperable picture.

4. IRREGULAR MIGRATION AND RETURN

4.1 Irregular Migration

During 2012, no amendments were effected to the Immigration Act. The legal framework

therefore remained the same as for the preceding year. There were no significant court cases

locally that led to any changes.

Malta has experienced significant illegal migratory influxes from North Africa since 2002. Ever

since, the number of illegal immigrant arrivals remained consistently high, reaching a record in

2008, with 2,775 arrivals. Almost all of those who reached Malta illegally proceeded to apply

for international protection and the asylum recognition rate in Malta has consistently exceeded

50% over the past years, in view of the situation in the countries from which these asylum-

seekers originate, particularly the Horn of Africa.

During 2010 Malta experienced a reduction in the number of illegal migrant arrivals with 47

persons reaching the shores of Malta. This reduction in the number of arrivals was attributed

to enhanced border control measures by the Libyan authorities as well as to the

implementation of the Italy-Libya Treaty of Friendship. In 2011, migration flows reached

considerable levels with 1,579 persons in nine different boats reaching the shores of Malta due

17

to the turmoil in the North African region. The claimed nationalities of those who arrived in

2011 were largely similar to arrivals in previous years particularly Somali (455), Eritrean

(280), Nigerian (238); however a substantial proportion of the new arrivals were clearly

established in Libya before they left.

In 2012 Malta continued to witness an influx of migrants due to the unrest in the North African

region. In fact, a total of 1,890 illegal migrants have reached the shores of Malta from Libya.

The claimed nationalities of those persons who arrived in 2012 were mainly Somali (1233),

Eritrean (454) and Nigerian (79). In consideration of this situation Malta gained access to

emergency funds to help it address challenges arising from such influxes.

Efforts in 2012 were also conducted by the Malta Police together with the Italian Department

of Public Safety in order to foster the cooperation and communication methods used in order to

tackle various issues related to irregular migration. In this regard it is relevant to mention that

in October 2012 the respective authorities signed a Memorandum of Understanding between

the Malta Police and the Italian Department of Public Security to strengthen police cooperation

in the fight against trafficking in human beings, illegal immigrants, organised crime and

terrorism.

As regards legislation, the Immigration Appeals Board (Division) Regulations, 2011 (LN 246 of

2011) were published. These Regulations enable the setting up of a second division of the

Immigration Appeals Board with a view to expedite relevant proceedings. It should be noted

that this Board hears cases relating to the continued detention of a person in terms of the

Immigration Act (Cap. 217), as well as appeals vis-à-vis custody in virtue of a deportation or

removal order.

4.2 Return

There have been no significant policy and legislative developments in this aspect during 2012.

In 2011, the Maltese authorities implemented the RESTART 2 project. The implementation of

this project involved the participation of 66 persons who were returned to their respective

countries of origin. All RESTART projects aim to offer those migrants taking up voluntary return

assistance in restarting their lives in their countries of origin through reintegration assistance

(AVRR), as well as through the enhancement of capacities at local level to deal with all related

aspects of assisted voluntary return. Returnees were offered assistance and reintegration

packages tailored to their conditions, needs and prospects of reintegration. In 2011, Malta also

embarked on the MELITA 2010 project - a joint operation between Malta and FRONTEX aimed

18

at enhancing the partnerships with identified countries of origin. Meetings with third country

delegations in Malta were also held on a regular basis.

Similar to previous years, one of the main difficulties encountered in Malta in 2012 was the

large number of illegal migrants who arrived undocumented and the difficulties encountered in

relation to the procurement of travel documents for their return. In order to address the

situation local authorities implemented a number of projects aimed to improve the return of

such immigrants. In this regard it is pertinent to mention the RESTART III project, which

provides a number of re-integration assistance packages for irregular migrants opting to return

voluntarily to their country of origin. A total of 39 migrants were assisted in this manner.

It is also pertinent to mention the Cooperation between Malta and African countries to enhance

migration dialogue and development) project (COMAM), administered by IOM and the Ministry

of Foreign Affairs and the Ministry for Home Affairs. The project aimed to enhance diplomatic

and administrative relations between the Maltese authorities and their counterparts in

Countries of Origin in Sub Saharan Africa in order to develop specific and sustainable actions in

the area of assisted voluntary return.

The Maltese authorities also aimed to further strengthen Malta’s cooperation with important

Countries of Origin and reinforce its return management capacities in order to better manage

the return operations of illegal migrants by implementing the Strengthening Malta's Long-term

Return Management Capacity Project (MAREMCA II). The aim of the project is to address

Malta’s challenges related to the return of those migrants who do not (or no longer) fulfil the

conditions for stay in Malta.

Targeted training and knowledge transfer from experts from the Netherlands and the United

Kingdom, to Maltese staff involved in migration, was offered in 2012 by implementing the

Enhancing the Capacities of Return Management project (ECOR). The project contributed to

the further strengthening of Malta’s capacities in the areas of migration, asylum and return

management by providing targeted training and knowledge transfer.

Malta embarked on the MELITA 2012 project- a joint operation between Malta and FRONTEX

aimed at enhancing the partnerships with identified countries of origin. Meetings with third

country delegations in Malta were also held on a regular basis.

19

Malta participated in five (5) joint return flights for the return of illegal immigrants. It is also

pertinent to mention that efforts were also conducted on a bilateral basis between Malta and

Kosovo on the readmission of persons residing irregularly. In this regard on the 21 November

2012, the Agreement between the Government of Malta and the Government of Kosovo on the

Readmission of Persons Residing without Authorisation and the Implementing Protocol to the

Agreement between the Government of Malta and the Government of Kosovo on the

Readmission of Persons Residing without Authorisation was signed.

5. INTERNATIONAL PROTECTION INCLUDING ASYLUM

In 2012, the number of irregular immigrants that entered Malta increased significantly when

compared to the previous years. In fact, 2012 ranks the second highest year since 2001 in the

number of applications for international protection received by the Office of the Refugee

Commissioner.

The majority of applications were lodged by persons who entered Malta irregularly by sea. In

fact, the Office of the Refugee Commissioner received 1805[1] applications from this

category of third country nationals (TCNs). In 2012, this Office also experienced an increase in

the number of applications from other third country nationals who either contacted this Office

personally or otherwise were apprehended by the immigration police because they were not in

possession of a valid residence permit. In fact, this Office received 237 of such applications.

The absolute majority of the latter category of applications was lodged by Syrian nationals who

led by the volatile security situation in their country, approached the Office to seek protection

in Malta.

Throughout 2012, the Office of the Refugee Commissioner has continued with its work to

achieve a sustainable asylum system, particularly aiming to further improve the quality of the

asylum decision. To this effect this Office has invested in training its asylum determination

staff.

Through an ERF project referred to below, the entire team of asylum determination officers

attended an intensive training course on document analysis which aimed at developing their

level of expertise on the subject and at improving the asylum determination process. They

were provided with a personal document analysis kit which enables them to perform

preliminary analysis of documents presented by applicants. In 2012, six asylum determination

officers attended a ten-day training course in document analysis at an advanced level. These

persons have been trained to use state of the art forensic equipment which is available at the

20

Office of the Refugee Commissioner. In April 2012, two of these six asylum determination

officers, travelled to the Netherlands where they observed work practices at the Immigration

and Naturalisation Service – Documents Unit, and also received further education and

guidance on the analysis of breeder documents by the Dutch experts. This experience

contributed not only towards strengthening the cooperation between Malta and the other

Member State but has also indirectly led towards more harmonized procedures.

All the asylum determination officers have also attended a training course on Profiling Skills

that aims to assist them during the asylum interview.

Also throughout the year, eleven (11) asylum determination officers out of seventeen (17),

that is sixty-five (65) percent, attended seven (7) different modules of the European Asylum

Curriculum (EAC) now under the Centre for Training, Quality and Expertise (CTQE) within the

European Asylum Support Office (EASO).

The Office of the Refugee Commissioner continued with its good practice to provide the

necessary information to potential asylum-seekers, soon after their arrival in Malta (in case of

TCNs entering the Island irregularly by boat). Personnel from the Office visit the centers and

deliver information about the asylum procedure and inform them of their right to apply for

asylum in Malta. The Office delivers information through different means, including verbally

with the help of interpreters, through an audio-visual presentation and a booklet, both

available in eleven different languages. After the provision of such information, the potential

asylum-seekers are asked whether they need any clarifications. They are then asked whether

they would like to apply for asylum. Ninety-five (95.5) per cent of the persons that entered

Malta by boat (total number of 1890 persons) applied for international protection that is 1805

applications.

In June 2012, the Office of the Refugee Commissioner concluded two projects, namely: an ERF

Project entitled ‘Document Analysis in the Asylum Determination Process, Training and

Implementation’ and a GDISC project that the Office has benefitted from.

The ERF Project entitled ‘Document Analysis in the Asylum Determination Process, Training

and Implementation’ developed the level of expertise in the field of documentation analysis

within the Office. Through this project, the Office had all of its asylum determination officers

attend an intensive training on document analysis and also on profiling skills that aimed to

assist them during the asylum interviews.

The Office of the Refugee Commissioner has benefited from a GDISC Project that started back

in 2009 and ended in June 2012. Through its work with GDISC, the Office benefitted from

linguistic analysis, as well as, from the services of interpreters from the United Kingdom to

21

Malta when there was a need of an increased interpreter’s capacity for a short period to

provide practical assistance on the spot. This project allowed GDISC to assess this method of

interpreter’s pool that was envisaged as a task of the asylum support teams within EASO. This

Project has assisted Malta in developing practical cooperation with other member states in the

field of asylum.

In June 2012, the Office of the Refugee Commissioner has also embarked on a new ERF co-

funded Project entitled ‘Putting Integration into Perspective: Studying integration efforts of

beneficiaries of international protection and identifying areas where special input is needed’.

This project is a research study conducted through compiling questionnaires assisted by

cultural mediators. Through this project, the Office of the Refugee Commissioner aims to

assess the efforts made by beneficiaries of international protection to integrate into Maltese

society and to make them aware of any services that these may be entitled to.

5.1 Common European Asylum System

5.2 European Asylum Support Office

Two Ministry officials sit on the EASO Management Board as Board Member and alternative

representative. The role of the Board is to provide guidance the Executive Director and

approve the annually work programme, budget and procedural aspects of EASO. As a member

of the management board Malta also participates in the debates that provide direction to

ensure that EASO fulfils its remit. Moreover the members of the Management Board act as

national contact point and facilitators for dissemination of information and statistical data

between EASO and Member States.

5.3 Intra-EU Solidarity including Relocation

An example of topics presented by EMN NCPs in 2011 included the delivery of joint activities

amongst Member States to relocate beneficiaries of international protection from a single

Member State, e.g. the EUREMA (European Re-allocation for Malta) project.

The implementation of the first phase of the Pilot Project for the intra-EU relocation of

beneficiaries of international protection from Malta (EUREMA) began in January 2010. By the

time the project came to a close, 227 beneficiaries were relocated to Member States as seen

below:

22

EUREMA I: 2009-2010

Member State Number of

relocation

places

pledged

Number of

beneficiaries

relocated

Germany 100 102

France2 90 95

United Kingdom 10 10

Slovenia 10 8

Luxembourg 6 6

Portugal 6 6

Hungary 10 0

Slovakia 10 0

Romania 7 0

Poland 6 0

Total 255 227

In view of the influx of immigrants from Libya (following the Libyan uprising in 2011 and the

disproportionate burden borne by Malta), in April 2011 Council decided on a proposal from

Commissioner Malmström to ‘extend’ the Pilot Project for the relocation of beneficiaries of

international protection from Malta3 (EUREMA II).

The following pledges were made by Member States in 2011 for the relocation of beneficiaries

of international protection from Malta under the second phase - some on a bilateral basis and

others as part of the ‘extension’ of the Pilot Project to be co-funded under the European

Refugee Fund Community Actions (EUREMA II) as seen below:

2 France had also relocated 95 beneficiaries of international protection before EUREMA I. This was done bilaterally but France used EU-co-funding under its national programme. One reason behind France’s initiative may have been the fact that the first time intra-EU relocation featured in an EU document, was the European Pact on Immigration and Asylum of 2008, which the French Presidency had pushed as one of its major initiatives. EUREMA I was then the first multi-lateral relocation project. 3 EUREMA II end-date has now been extended from June 2013 to December 2013 in order to make up for the delays resulting from the delay in the funding being made available. This will enable post-relocation measures (integration measures) to be applied as planned with the assistance of co-financing, despite the fact that actual relocation is taking place later than originally planned (this delay was also due to difficulties in identifying beneficiaries to be relocated).

23

EUREMA II: 2011-2013

Member

State/Schengen

Associated State

Number

of

relocation

Number of

beneficiaries

relocated4

Bilateral/EU

funded

project

Germany 150 1535 Bilateral

Poland 50 EU-funded

Spain 25 Bilateral

The Netherlands 20 206 Bilateral

Denmark 10 107 Bilateral

Romania 10 EU-funded

Slovakia 10 EU-funded

Hungary 5 EU-funded

Ireland 10 208 Bilateral

Lithuania 6 49 EU-funded

Portugal 610 4 EU-funded

Bulgaria 4 EU-funded

Norway 30 3111 Bilateral

Switzerland 19 1912 Bilateral

Liechtenstein 1 113 Bilateral

Total 356 262

This project is ongoing and is set to come to a close in December 2013.

5.4 Cooperation with third countries including Resettlement

In October 2005, the United States (US) acknowledged Malta’s request for assistance, by

offering it a special programme of assistance modelled on the US Refugee Admissions

Programme. The United States Resettlement Programme (USRP) in Malta developed in two

phases. The first phase, which started in 2006, led to the resettlement of 28 beneficiaries of

protection during 2007. The second United States Resettlement Programme Phase 2 (USRP II)

reaffirmed the US’s commitment to help ease the disproportionate burden that migration

4 As at 18 October 2012

5 Germany has relocated a total of 153 beneficiaries of international protection from Malta on a bilateral basis. On 29 November 2011, 147 beneficiaries departed and on the 13 February 2012 another 6 persons departed to Germany, bringing the total to 153. 6 20 left for the Netherlands on 6 June 2012.

7 1 beneficiary left Malta for Denmark on 26 March 2012; a further 7 beneficiaries left for Denmark on 17 October 2012; and 2 left on 11 December 2012. 8 10 beneficiaries left Malta for Ireland on 13 December 2011. In 2012 Ireland pledged to relocate a further 10 beneficiaries from Malta. These 10 beneficiaries left Malta on 6 November 2012.

9 4 left on 12 December 2012. 10 Four beneficiaries have been relocated to Portugal on the 18 December with the remaining two expected to leave during the first quarter of 2013. 11 Norway has relocated a total of 31 beneficiaries of international protection from Malta on a bilateral basis. On 31 January 2012 8

beneficiaries departed, on 14 February another 4 departed, on 12 March another 9 departed, on 26 March another 3 departed, on 26 April another 3 departed and on 15 May 4 departed.

12 18 left Malta for Switzerland on 25 April 2012 and 1 left on 29 August 2012. 19 were originally selected by the Swiss authority, but 1 had been reported missing at the time of the departure of the first group.

13 1 left Malta for Liechtenstein on 25 April 2012. This was carried out as part of the Swiss exercise.

24

places on Malta and is giving rise to an increasing number of beneficiaries being resettled in

the US as a result of this initiative.

The United States Resettlement Programme is based on a collaborative partnership between

the office of the United Nations High Commissioner for Refugees (UNHCR), the International

Office of Migration (IOM), the US Department of Homeland Security (DHS), government

entities and local non-governmental organisations (NGOs) active in the field of asylum. The

Malta-US resettlement initiative considers persons in urgent need of protection. It benefits

beneficiaries of international protection residing in Malta and originating from countries in the

Horn of Africa. Special consideration is given to women at risk, beneficiaries of international

protection with healthcare needs, unaccompanied minors, victims of torture or violence and

elderly beneficiaries of protection who may be considered vulnerable, where resettlement may

be the best solution in terms of integration due to family, and cultural ties. The process of

determining the beneficiaries of protection in Malta involves collaboration between the UNHCR,

the IOM, the DHS and the Maltese authorities.

So far, 1,11814 beneficiaries of protection have been resettled under this programme since

2007, 307 of whom left Malta in 2012.

6. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS

6.1 Unaccompanied Minors

The protection of unaccompanied minors in 2011 was one of the main priorities for the Agency

for the Welfare of Asylum Seekers, which falls under the remit of the Ministry for Home

Affairs. In this regard, the ERF co-funded project “Implementing a Socio-Educational

Programme for Unaccompanied Minor Asylum Seekers under a Care Order” was implemented.

This project aimed to address the social and educational needs of unaccompanied minors. The

service relating to the family-tracing of unaccompanied minors has also been enhanced

through the broader SPARKLET (Supporting Closed and Open Centres through Profiling, Action

Research and Knowledge Transfer) project.

Similar to previous years, in the local scenario a good number of persons arriving by boat

claimed to be unaccompanied and under the age of eighteen. In actual fact the numbers of

unaccompanied minors increased considerably with Malta issuing 86 Care Orders in 2012, in

order to protect and support these youngsters. The services offered to unaccompanied minors

remained the same in the reporting; however through the Sparklet Project (European Refugee

Fund, 2008-2011), the Agency embarked on piloting 15 cases of family tracing and is further

studying on how this can be consolidated in normal business operations.

14 As at 12 December 2012.

25

An interesting development in age assessment has been the implementation of age

assessment out of the Closed Centres. This enabled fast tracking of very young cases out of

the Closed Centres to Open Centres, in some cases, in the span of a couple of days. Age

Assessment was carried out at a later stage. In these cases the alleged minor was issued with

an Interim Care Order instead of a Care Order until the age was concluded.

Malta has also participated in the EASO expert meetings on unaccompanied minors taking

place in 2012, with the aim of sharing good practices and learning from other Member States.

6.2 Other Vulnerable Groups

In 2011, the then Ministry of Health, the Elderly and Community Care provided humanitarian

assistance during the Libyan crisis. In this regard it is relevant to mention that injured

individuals flown from Libya were provided with medical and surgical treatment.

Malta’s assessment of vulnerability remained linked to the fast-tracking of vulnerable asylum

seekers out of the Closed Centres as per Government’s policy. The Sparklet Project

(mentioned earlier), further assisted amongst other things, the identification of potential

persons having special needs. The comprehensive profiling of persons living in the Closed

Centres with the aim of getting to know the person at an early stage provided feedback of

possible vulnerable cases,. These cases were then referred to the Agency for the Welfare of

Asylum Seekers for assessment of vulnerability.

The tool used for this particular assessment was further reviewed and developed in 2012.

The VAAT Assessment Tool has been developed to incorporate a more holistic approach in

understanding both the service user's vulnerability and resiliency in the closed centre. It takes

a psycho-social approach and uses vulnerability and resiliency indicators across the service

users social and psychological context, to direct the assessment. The tool also incorporates a

scale to provide a further indication of high, moderate or low vulnerability and/or resilience.

26

7. ACTIONS AGAINST TRAFFICKING IN HUMAN BEINGS

Pursuant to the appointment of Malta’s first Anti-Human Trafficking Coordinator by the Prime

Minister in 2010, the Prime Minister established a Monitoring Committee, which convened for

the first time in May 2011.

The Committee members are major stakeholders in the sector, including the Attorney General,

the Commissioner of Police and the Permanent Secretary, Ministry for Home Affairs. The scope

of the Committee is to monitor the implementation of commitments relating to the fight

against human trafficking by the competent authorities, be this in this sphere of prevention,

prosecution of offenders or the protection of victims.

During its meeting of 30th September 2011, the Monitoring Committee formally approved

Malta’s first National Action Plan on Combating Trafficking in Persons

(http://mjha.gov.mt/MediaCenter/PDFs/1_Action%20Plan%20Trafficking.pdf).

The Action Plan, which covers the period 4th quarter 2011- 4th quarter 2012, provides for

actions aimed at preventing human trafficking, prosecuting offenders as well protecting

victims.

In 2011 the Maltese authorities have also teamed up with IOM who are assisting in the

implementation of the National Action Plan through the “Launching Initiatives supporting

Malta’s efforts to Suppress trafficking (LIMES)” project.

During 2012 several actions have been undertaken by way of implementation of the National

Action Plan on Combating Trafficking in Persons. In this regard:

• The Monitoring Committee was convened on a regular basis in order to ensure that

human trafficking was being addressed and countered in a strategically effective

manner, to ensure adequate monitoring and to make the necessary policy proposals;

• The Stakeholder Task Force at Operational Level was set up during the first quarter of

2012 and was also convened. The Task Force is made up of several Government

stakeholders, including the Police and Aāenzija Appoāā among others, as well as two

NGOs, namely Caritas and JRS, which have joined the Task Force on invitation in

September 2012;

• A Prostitution and Trafficking in Human Beings Unit was established within the Police

Vice Squad to provide for a greater degree of specialisation. This reform entered into

effect on 25th January 2012;

27

• Training sessions by IOM experts were delivered as part of the LIMES project in March

2012. This programme, delivered by two experts from IOM Rome, was held with a view

to define a formalised victim referral mechanism for Malta. The Stakeholders and the

IOM experts prepared a draft victim referral mechanism, which was submitted to the

Monitoring Committee. The Monitoring Committee formally approved the Mechanism in

question during its meeting of 19th June 2012. This Mechanism is being elaborated by

means of Standard Operating Procedures (SOPs), which are currently being discussed

by the stakeholders concerned;

• In July 2012, the same IOM experts delivered another training programme on victim

identification and victim support. This training led to the development of human

trafficking indicators for Malta. Pursuant to further consultations, the indicators were

submitted to the Monitoring Committee for approval;

• Information relating to human trafficking was published on the Ministry for Home Affairs

website on 10th September 2012 (http://mjha.gov.mt/page.aspx?pageid=207). Further

to providing information on what constitutes a human trafficking offence, the text in

question addresses victim identification and indicates the authorities to be contacted in

case of difficulty. The same information was also uploaded on the Aāenzija Appoāā

website on 12th September 2012.

A number of initiatives are currently ongoing, including the development of Standard Operation

Procedures (SOPs), which are being discussed by the Stakeholder Taskforce at Operational

Level. These SOPs build upon the Victim Referral Mechanism approved by the Monitoring

Committee.

Moreover, work is also ongoing vis-à-vis the awareness raising campaign. The services of an

international expert in the field have also been recruited in November 2012. Such expert will

be providing ‘on-the-ground’ assistance to local authorities and NGOs, further to conducting

research on the Maltese human trafficking scenario.

Another two important developments have also taken place. Firstly, in February, the Maltese

authorities hosted for the first time the Council of Europe’s Group of Experts on Action against

Trafficking in Human Beings (GRETA). Secondly, this year’s United States TIP report, which

was published in June, rated Malta in Tier 2, up from last year’s Tier 2 (Watchlist) rating. The

report notes the significant progress that has been made by the Maltese authorities in this

sphere.

28

It should also be noted that the actions being implemented by Malta during the present year,

further to ensuring the fulfilment of the commitments entered into as a result of the adoption

of the National Action Plan on Combating Trafficking in Persons, also contribute to the

implementation of provisions Directive 2011/36/EU on preventing and combating trafficking in

human beings and protecting its victims, and replacing Council Framework Decision

2002/629/EC, particularly vis-à-vis victim protection measures and the provision of training.

The actions in question also significantly contribute to the implementation of the objectives of

the Communication from the Commission to the European Parliament, the Council, the

European Economic and Social Affairs Committee and the Committee of the Regions: The EU

Strategy towards the Eradication of Trafficking in Human Beings 2012-2016, in particular

through:

• The establishment of a formal referral mechanism, which is being further developed

through Standard Operating Procedures;

• The development of National Human Trafficking Indicators; and,

• The establishment of the Prostitution and Trafficking in Human Beings Unit, which

effectively constitutes a multi-disciplinary law enforcement unit, particularly as it may

draw on the experience and assistance of other units, including that responsible for

Economic Crimes. This also enables proactive financial investigations.

8. MIGRATION AND DEVELOPMENT POLICY

Migration is one of the ten areas of focus in Malta’s Development Policy, showing the

importance that Malta relates to the nexus between migration and development. This regard

towards the phenomenon of migration also arises from Malta’s experience in the reception of

migration coming irregularly mostly by boat and mostly from the shores of North Africa. Malta

is at the southernmost frontier of the EU and as a consequence faces a high level of irregular

migration.

Migration is an important and complex issue in the context of development. It presents both

challenges and opportunities to both developed and developing countries. It is recognised that

well-managed legal migration can be a positive phenomenon when it satisfies the aspirations

of the migrants and their families, contributes to counteract the negative population growth

and/or economic expansion needs in host societies which have such needs. On the other hand,

whilst highly skilled, well educated and professional migration provides an input to the

developed economies many times it consists of a brain drain to developing countries and

29

therefore undermines their development, although remittances from migrants are an important

source of income for some countries.

In fact remittances generated by migrant populations in host countries are also seen as an

important element in development and to provide an essential injection of capital into the

developing economies to complement the flow of aid and Foreign Direct Investment (FDI). In

this regard, it is important to exploit the potential benefits of the link between well-managed

legal migration and development.

The benefits of legal migration are undermined by the dangerous phenomenon of illegal or

irregular migration which is often controlled by criminal gangs and has resulted in many lives

lost on land and at sea, notwithstanding all efforts at search and rescue.

Malta remains committed to a humanitarian approach to the issues of migration and asylum

and notwithstanding pressures on its capacity, continues to honour its international obligations

in search and rescue and in providing assistance to all asylum seekers and legal protection to

refugees and persons holding humanitarian status.

Equally Malta continues to call for control of this phenomenon by collaboration between the

countries of origin, transit and destination and its positions internationally, and within the

European Union, have been instrumental in greater consciousness about this problem and in

the beginnings of greater international collaboration. It also calls for solidarity by the European

Union and its member states, and by the international community in responsibility-sharing in

addressing this phenomenon, including by the acceptance of resettlement of refugees and

persons holding humanitarian status in accordance with international law.

Notwithstanding these various aspects of this phenomenon, Malta continues to emphasise that

development policies and programmes are the only way to lastingly address the root-causes of

migration. In this regard, it continues to make its contribution, including financial

contributions, within the context of the European Union and the European Development Fund

while developing its own new programmes bilaterally. In this context, Malta continues to

pursue a policy whereby the European Union should provide development incentives for

countries which adhere to good governance and respect for the rule of international law,

respecting their international obligations including those undertaken, with regard to illegal

immigration, under the Cotonou agreement. This conforms with established practice of the

European Union to condition development assistance to good governance and respect for

human rights and the rule of law.

In its geographical focus, Malta will concentrate on specific areas which include the countries of

origin of migration without excluding development programmes addressed at other countries,

30

particularly in Africa. This aspect is considered under another section of the development policy

document.

9. IMPLEMENTATION OF EU LEGISLATION

There have been no changes in policy or practice as a result of EU developments.

9.1 Transposition of EU legislation 2012

N/A

9.2 Experiences, debates in the (non-) implementation of EU legislation

ANNEXES:

Annex A: Methodology and Definitions

A1. Methodology

Compilation of the Maltese Annual Policy Report 2012 was coordinated by the Policy

Development Directorate and the National Contact Point which operates within the Third

Country Nationals Unit of the Ministry for Home Affairs. The information used was from

published and unpublished reports with a view to report policy developments and also from

consultation with relevant departments and entities for supplementary information and data.

The aim of the report is to provide an insight into the most significant political and legislative

developments, as well as public debates, in the area of migration and asylum. The EMN Annual

Policy Report 2012 covers the period 1st January 2012 to 31st December 2012.

Consultation with various relevant departments and entities involved in the migration scenario

was conducted in order to compile the EMN Annual Policy Report 2012. These entities provided

official information and statistical data relating to their respective areas of competence. Within

the Ministry for Home Affairs, contacts involved the Office of the Refugee Commissioner, the

Malta Police Force Immigration Section within the Special Branch and the Agency for the

Welfare of Asylum Seekers. The Department for Citizenship and Expatriate Affairs and the

Central Visa Unit, as well as the Global Issues Directorate falling under the Ministry for Foreign

Affairs were also contacted. The Ministry for Education and Employment and the Ministry for

Justice, Dialogue and the Family and their institutions, namely the National Commission for the

Promotion of Equality (NCPE), Aāenzija Appoāā and the Employment and Training Corporation

were also consulted. Consultations were also held with the Migrant Health Unit within the

31

Ministry for Health and the Elderly. Published Statistical data was solicited from the National

Statistics Office.

A2. Terms and Definitions

The terms and definitions adopted in the EMN report are faithful to terms and definitions found

in the EMN Glossary.

The terms ‘reallocation’, ‘relocation’ and ‘resettlement’ are used interchangeably and refer to

the transfer of beneficiaries of international protection from the country in which they were

first granted international protection to another which has agreed to host them.

Annex 2: National Statistics

Annex 3: Bibliography / References /Sources

***********************

Annex

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ANNEX

2012 NATIONAL CONTRIBUTION OF MALTA TO COMMISSION AND

TO EASO ANNUAL REPORTS

1. LEGAL MIGRATION AND MOBILITY

1.1 Key Statistics

First residence permits, by reason

Total Family reasons Education reasons

Remunerated

activities reasons

Other

reasons

First permits

N.B.

Statistics of residence permits will be available as per provisions of statistics

regulations when they are submitted to Eurostat. Actual current date is not

available in view of the fact that a new IT System has been implemented to

cater for the issue of documents in harmonised format containing biometric

features. Data is still being organised as it is currently available on two

electronic systems.

1.2 Promoting legal migration channels

Relevant information is regularly updated on the respective Ministry websites and on the

EU Immigration Portal.

1.3 Economic migration

1.3.1 Satisfying labour market needs

The Employment and Training Corporation (ETC) attempts to forecast and anticipate

skills through monitoring of vacancies submitted directly to the Corporation, through the

monitoring of local newspapers vacancy adverts, through meetings with various

stakeholders and through monitoring of employment licences applied for. This gives an

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33

indication of the type and the extent of skills required in the labour market and the

shortages being experienced in particular occupational sectors.

The Corporation strives to strengthen its links with private employment agencies, social

partners and other organisations including Malta Enterprise in order to better understand

the extent and remit of local and foreign direct investment and therefore, the type of

occupations that will be available in the short and medium term. As such the situation

pertaining to specific skills shortages is effected by a number of other factors which are

beyond the control of the Public Employment Service (PES). To this end, greater

collaboration amongst the various stakeholders, social partners and employers is needed

to spur on a greater understanding of labour market dynamics.

In an effort to address such needs the Corporation operates a number of employment

and training schemes, intended to facilitate the integration of jobseekers as well as cater

for the labour market demands including specific skills shortages.

EURES Malta strives to attract more highly skilled EU nationals to Malta, in areas where

labour market shortages exist. The supply in sectors such as construction, hospitality

and caring is lacking, as local jobseekers and workers are aspiring for better quality jobs.

EU and third country nationals (TCNs) are, to a certain extent, filling gaps in the

aforementioned sectors.

Applications for an Employment Licence from TCNs are subject to a labour market test.

There are many aspects to labour market consideration, including the national situation

in respect of surpluses or shortages in the given occupation and sector; the employer’s

history and situation in terms inter alia of recruitment and redundancy patterns; business

investments; and contractual commitments. The third country national’s skill level,

relevant experience and overall suitability for the position in question are also taken into

account.

Applications for third country nationals from firms that have effected redundancies in the

post in question, or in similar positions to that being applied to, in the preceding twelve

months are not entertained.

Moreover there are a number of specific occupational/sectoral considerations as follows:

In the case of applications for highly qualified employment, applications are generally

considered favourably, in line however with the labour market situation. To be treated

as highly qualified employment, applications must illustrate clearly that certain conditions

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34

will be met, which include the following. The third country national concerned must hold

qualifications at ISCED levels 5a, 6 or above and which must be validated by the Malta

Qualifications Council; must hold any documents necessary in the case of regulated

professions; must have an offer of a job which may be considered highly qualified

employment and which involves the payment of at least 1.5 times the average gross

annual salary as defined in the most recent Labour Force Survey issued by the National

Statistics Office (www.nso.gov.mt) but without prejudice to any applicable collective

agreements in the area concerned.

In respect of family members of diplomats stationed in Malta, applications are referred to

the Ministry of Foreign Affairs in view of the possible existence of reciprocity

agreements. Where no such agreements are in place, applications are subject to labour

market considerations.

In respect of home-based carers, applications are at present not subject to a labour

market test. However, a medical certificate declaring that the applicant requires a full-

time carer to meet his or her daily needs, must be submitted with the application. In

respect of carers for children, a clear case must be made for the need to recruit foreign

nationals, and if born outside Malta copies of the birth certificates of children (aged under

16) must be submitted with the application. If the children were born in Malta details

regarding date of birth need to be submitted for the Corporation to be able to retrieve a

copy of the birth certificate from the Public Registry.

In respect of culture and entertainment, the employer does not need to provide evidence

of a search for EEA/Swiss/Maltese candidates. He or she does however have to elaborate

in the covering letter on the reasons for the choice of the third country nationals

concerned.

In respect of steel fixers, form work erectors and concrete shutterers, evidence of work

contracts is necessary. Employers may be required to actively participate in Open Days

held by the ETC and to interview suitable EEA/Swiss/Maltese candidates on

request. Failure to do so may result in non-issue of employment licences and/or

revocation of current ones.

In respect of cleaners and room attendants, evidence of work contracts is

necessary. Employers may be required to actively participate in recruitment drives held

by ETC and to interview suitable EEA/Swiss/Maltese candidates on request. Failure to do

so may result in non-issue of employment licences and/or revocation of current ones.

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In respect of chefs in restaurants offering ethnic cuisine, the policy is as follows. The

prior approval of the Malta Tourism Authority is required in each case. Outlets with up to

thirty covers may apply for up to two third country nationals; outlets with up to one

hundred covers may apply for up to three third country nationals; outlets with over one

hundred covers may apply for up to four third country nationals. Applications from

employers that engage the services of EEA/Swiss/Maltese nationals as part of their staff

complement will assist in the favourable consideration of an application.

In respect of sportspersons, ETC will obtain the prior approval of the Malta Council for

Sports. In the case of footballers a copy of the contract of work submitted to the Malta

Football Association, would need to be submitted with the application for issue of Licence.

In respect of foreign minors to work in film productions, these applications are referred

for the views of the Department of Industrial and Employment Relations (DIER) and a

Licence is given upon DIER consent.

1.3.2 Skills Recognition

The Malta Qualification Recognition Information Centre (MQRIC), within the National

Commission for Further and Higher Education (NCFHE), is the official national body to

deal with the recognition and comparability of both academic and vocational

qualifications.

Furthermore, as from September 2012, the legal notice for the validation of informal and

non-formal learning has come into force and hence resident third country nationals also

have the opportunity of having their skills and competences assessed and validated for

the occupational standards already developed.

With regard to any measures introduced for already resident third-country nationals (in

the context of better integration), third country nationals that reach Malta in an irregular

manner, irrelevant of their subsequent status (Asylum Seeker, Failed Asylum Seeker,

Temporary Humanitarian Protection, Subsidiary Protection, Refugee), gender or race and

on equal measure as Maltese nationals can participate in the training programmes

organized by the Employment Training Corporation under the EU funded Employability

Programme. Such training programmes include English for foreigners. Additionally in

order to overcome possible communication barriers the Corporation, if demand exists for

particular courses, also organizes courses solely for such migrants. It has also been the

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case, through the Corporation’s participation in integration initiatives (organized by

INTEGRA Foundation), that training programmes were held at Open Centres.

From a training perspective, additionally employers of such migrants can claim for refund

of costs under the EU Funded Training Aid Framework, for training that these migrants

would have successfully participated in at a cost.

From an employment perspective, such migrants also have equal access as Maltese

Nationals to services provided through the Corporation’s Job Centres, namely information

regarding jobs in the private sector and referral for same. In the case of persons granted

the Refugee or LTR status and their family members in Malta under the family

reunification rules, they can also participate under the EU funded Employment Aid

Programme.

With regards to Employment Licences, in order to facilitate access into the labour market

in the case of Refugees and persons granted the status of Temporary Humanitarian

Protection or Subsidiary Protection, such Licences can be applied for by the migrants

themselves (and not necessarily against a job offer). It is to be noted that such persons

are being allowed to hold down more than one job at any one time including self

employment.

It is also worth noting that at present the Employment and Training Corporation is also a

partner in the project called “An Employment Support Initiative for Refugees and

Beneficiaries of Protection”, an EU-funded programme led by the Agency for the Welfare

of Asylum Seekers (AWAS) to address the integration of former asylum seekers into the

labour market and to assist such migrants in finding active formal employment. The

Corporation trained staff working in the employment support offices set up by AWAS and

provided expertise on matters related to employment and training of migrants.

The above is not applicable to persons who are not citizens of the European Union within

the meaning of Article 20 of the Treaty on the European Union and the Treaty on the

Functioning of the European Union.

1.3.3 Cooperation with partner / third countries for economic migration

N/A

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Type of agreement Third countries involved Main purpose and

rationale for the

agreement

(EU or bilateral)

1.3.4 Highly qualified workers

In the case of applications for highly qualified employment, applications are generally

considered favourably, in line however with the labour market situation. To be treated

as highly qualified employment, applications must illustrate clearly that certain conditions

will be met, which include the following:

- The third country national concerned must hold qualifications at ISCED (see

below) levels 5a, 6 or above and which must be validated by Malta Qualifications

Council

- must hold any documents necessary in the case of regulated professions

- must have an offer of a job which may be considered highly qualified employment

and which involves the payment of at least 1.5 times the average gross annual

salary as defined in the most recent Labour Force Survey issued by the National

Statistics Office (www.nso.gov.mt) but without prejudice to any applicable

collective agreements in the area concerned.

To date no applications have been received by the Citizenship and Expatriate Affairs

Department however it is noted that enquiries have been made.

1.3.5 Students and researchers

Various scholarship schemes have been established by the Government of Malta to

facilitate mobility of Maltese at undergraduate, postgraduate and doctoral level. These

include the Malta Government Scholarship Scheme Undergraduate, the Malta

Government Scholarship Scheme Postgraduate, the Malta Science Scholarships, the Malta

Arts Scholarships Scheme, the Malta Sports Scholarship Scheme, the Scholarships to

Achieve Results in ICT and Financial Services (STAR), the Strategic Educational Pathways

Scholarship Scheme (STEPS). These scholarship schemes were developed to incentivise

participation in further rand higher education to facilitate economic development and

innovation potential. The development of targeted scholarship schemes in this regard

aims at increasing participation in further and higher education in these priority areas.

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Furthermore, particular incentives are provided within the Malta Government Scholarship

Scheme Postgraduate in High Priority Areas of Study identified in consultation with the

Malta Council for Science and Technology (MCST).

1.4 Family Reunification

No new policies were established.

1.5 Integration15

1.5.1 Promoting integration through participation: socio-economic contribution

of migrants

The Responsible Authority (RA) of the General Programme Solidarity and Management of

Migration Flows has continued the implementation of the European Fund for the

Integration of Third Country Nationals (IF) and the European Refugee Fund (ERF), two

funds under the programme that try and facilitate the integration in Malta of Third

Country Nationals (by means of IF) and asylum seekers and refugees (by means of ERF).

In the Annual Programmes 2013 (AP), which have been put forward for the European

Commission’s approval in relation to both funds, a number of actions are being proposed

to be carried out between January 2013 and June 2015. The said actions are based on

feedback received from a public consultation session, which was organised by the RA on

the 3rd of September, whereby attendees were asked for feedback on the actual needs

that can be assisted by the Funds in relation to integration, amongst other actions. The

AP 2013 for IF is therefore proposing to target various actions focusing on the

implementation of the common basic principles for policy of integration of immigrants in

the EU, through the:

1. Improvement of procedures for preparation of admission procedure to

ensure better integration;

2. Development and improvement of programmes and activities for the

introduction of newly arrived third-country nationals to the Maltese society

and their knowledge about Malta.

3. Development and improvement of the programmes and activities to provide

various consultations and information to third-country nationals in creating

more favourable opportunities for them to use public and private services.

15Please also refer to the European Agenda for the Integration of third-Country nationals, COM(2011)455 final.

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4. Develop and Improve programmes and activities to provide consultations

and information to third-country nationals in creating more favourable

opportunities for them to use public and private services.

Other actions will focus on the elaboration of indicators and methodologies of evaluation

for appraisal of progress, adjustment of policies and measures and facilitation of

coordination of comparative learning through:

5. The creation and implementation of the systems dedicated to collect and

analyze information on the needs of various categories of third-country

nationals

Actions have also been identified to build on capacities within policy,

coordinate and build intercultural knowledge on various levels and

governmental departments through:

6. The training on the intercultural competence, capacity strengthening and

diversity management for policy makers, servants and other persons

working in the areas pertinent to the objectives of IF;

7. Create and improve systems for cooperation, co-ordination and maintenance

of relations of competent institutions and other interested parties.

Lastly the IF will also be used to promote the exchange of experience, verified

procedures and information in the field of integration among member states:

8. To support cooperation, exchange of experience and good practice among

involved Member States on all levels of the integration process

On the other hand ERF will be utilised to target various actions focusing on the different

aspects of reception and integration of asylum seekers and refugees. Focus is once again

being proposed for the:

1. Enhancement of assistance provided to vulnerable persons through the provision of

welfare–oriented services;

2. Continued provision of educational services and cultural orientation classes.

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Apart from the above proposed actions, projects awarded under the 2011 Annual

Programmes are being implemented with activities planned to be carried out till June

2013. Amongst the projects being implemented, a number target specifically integration

from different aspects, starting from training to front liners dealing with Third Country

nationals organised by the Ministry for Foreign Affairs, to training to teachers on the

teaching of languages to third country nationals organised by the Ministry of Education,

to the provision of extra curriculum activities for teens and youngsters within a locality

which has a large number of TCNs so to enable their integration with their Maltese

counterparts. The said project is being organised by the Foundation for Educational

Services in collaboration with the St Pauls Bay Local Council. Studies are being compiled

amongst refugees of a younger age on the difficulties they are encountering in

integrating into the Maltese society. The said research is being carried out by the Jesuit

Refugee Services. Other activities are being organised to bring the Maltese community

closer to the third country nationals through food tasting activities and the dissemination

of recipe books with various food items prepared in the TCN’s country of origin. The

project is being organised by SOS Malta. Training addressing directly TCNs is also being

provided by the Employment and Training Cooperation to increase their knowledge on

the local aspects of daily life, while vocational training is being given to asylum seekers

and refugees by various NGOs such as Kopin Malta.

The above and much more is all being made possible through the Funds which provide

financial assistance to a number of projects which if not so assisted the projects would

have been of a more limited nature and in case of NGOs would not have even been able

to materialise. The Fund in fact does not only guide the way to integration through the

pre defined priorities identified by Maltese authorities in Malta through the multi-annual

programme but also provides the necessary assistance in order to enable the activities to

kick start. In fact IF through the implementation of 3 projects carried out at different

periods between 2009 and 2012, has targeted directly 316 TCNs, while a larger number

of asylum seekers and refugees have been assisted through ERF amounting to over

11,000 immigrants.

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Information in relation to labour market integration has been provided as

requested in Section 1.3.2

Annual average unemployment rates of (Member) State citizens versus third-

country nationals residing in the (Member) State for 2012

Third country nationals Total national population

Unemployment rate (%)

1.5.2 Promoting integration through participation: rights and obligations –

achieving equal treatment and belonging

N/A

1.5.3 Promoting action at local level

As indicated under Section 1.5.1, the Foundation for Education Services in collaboration

with the St Pauls Bay Local Council is providing extra curriculum activities for teens and

youngsters within the locality which has a large number of TCNs so to enable their

integration with their Maltese counterparts.

1.5.4 Involvement of countries of origin

The Ministry for Home Affairs, together with the International Organization for Migration

(IOM) as the implementing agency, Germany, The Netherlands, and Ghana, as project

partners is participating in a project called ‘Reintegr-Action’ and which is co-financed

under the European Return Fund 2010 Community Actions. The project aims to enhance

cooperation between participating EU Member States and Ghana, a Sub-Saharan African

country with high migratory pressures towards Europe. This objective is implemented by

developing and testing common reintegration strategies aimed at ensuring a

standardised and sustainable reintegration of voluntary returns to Ghana.

A steering committee, made up of representatives from the participating countries and

IOM, was set up in June 2012 and entrusted with the task of taking strategic and

technical decisions on the implementation of the project activities. A study on the

current socio-economic climate in Ghana was commissioned and has been finalised in

December 2012. The study also analyses specific business-gaps in five regions of

Ghana. The identification of these gaps will serve to offer better reintegration

possibilities through business start-ups that have greater growth potential.

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A seminar, together with a steering committee meeting was held in Ghana during 2-3

October 2012. The seminar provided an opportunity for international organisations to

discuss their work in Ghana and the expectations for the project. The preliminary results

of the study were also presented. During 2013 the project will provide for the return of

up to 50 Ghanaian nationals (20 from Germany, 20 from the Netherlands, and 10 from

Malta), the dissemination of information materials in the 3 Member States, assistance

being given to the returnees in Ghana according to a detailed business plan, and the

possible formation of a cooperative to contribute to the local socio-economic

development and increase the sustainability of the businesses set-up. The project will be

concluded in June 2013.

1.5.5 Cooperation, consultation and coordination of stakeholders

N/a

1.6 Managing Migration and Mobility

1.6.1 Visa Policy

Visas issued in 2012

Schengen Visas National Visas

Visas

1.6.2 Schengen Governance

2. IRREGULAR MIGRATION

2.1 Strategic Priorities

Priority I: Strengthening cooperation with third countries of transit and origin

on migration management

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The relevant challenges in the Strategic Response for this sub-section are in particular:

I.2. Ensure implementation of all EU readmission agreements to their full effect

N/a

I.3. Enhance the capacity of countries of origin and transit to manage mixed

migration flows

N/a

I4-7 Prevention of irregular migration from (a) the Southern Mediterranean

countries; (b) the Eastern Partners; (c) the Western Balkans; and (d) the

Western Mediterranean and the African Atlantic coast

(a) The Armed Forces of Malta (AFM) has instituted an enhanced patrol regime in light of

increased migration flows during the reference period when compared to 2011.

Furthermore efforts to enhance the joint AFM-Police response to actual incidents

continued with a view to ensuring the smoothest gestation of all activities related to the

management of migrants when such persons actually land in Malta.

(b) N/a

(c) N/a

(d) N/a

Priority II: Enhanced border management at the external borders

The relevant challenges in the Strategic Response for this sub-section are in particular:

II.2 Preventing and combating irregular immigration by ensuring strong and

efficient border control

Agreements with third countries

In the reference period the AFM began engagements with Libyan counterparts from the

Libyan Navy and Naval Coastguard. Such contacts are still at the initial phase and the

training provided thus far to Libyan personnel has been limited to basic techniques

related to the boarding of vessels, Search and Rescue and Operational Maritime Law.

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Border control including Frontex operations

In the reference period the AFM continued to consolidate the aviation capabilities used to

conduct surveillance of the maritime borders both by means of the procurement of

additional platforms as well as improvements to the land infrastructure supporting these

platforms in order to enhance their operational responsiveness. Procurement was also

initiated of enhanced surveillance systems for existing maritime platforms as well as new

maritime platforms to provide enhanced rapid-response capabilities

The local Immigration IT system PISCES was enhanced during 2012. The Visa

Management System was made available to border control officers at Border Control

Points (BCP’s) who are now in a position to check all Schengen visas issued by Maltese

consular offices abroad. Equipment for VIS was also installed at BCP’s during 2012.

The SIS II project for Malta is possible through the implementation of hardware and

software solutions. Malta has contracted Philip Toledo Limited (Maltese), TBS IT (Italian)

and Malta Information Technology Agency for this aim. The SIS II project is in an

advanced stage of completion and is expected to go live in first quarter 2013. A number

of tests have been carried out in accordance with the global schedule for the project as

designed and implemented by the European Commission. The final implementation phase

includes the migration from SISone4ALL to SIS II, the migration from SIRENE I to

SIRENE II, and training of Malta Police Force (MPF) personnel for the day-to-day

operation of SIS II and SIRENE II functions. Malta has passed all the tests to-date,

namely the PSAT, CTE and QT001, Milestone 2, and Comprehensive tests. Malta is on

schedule with the SIS II implementation.

b. Please describe any relevant (planned) actions taken to better coordinate

different types of border checks (e.g. automated and non-automated, fast-track

and non-fast-track) at the external borders.

Any queries that the border control officer may have with regards to any Schengen visa

issued by Malta can be directly verified through the VMS (Visa Management System).

The officers at border control points now have direct access to this system on a read-only

basis.

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c. Please describe any relevant (planned) developments to ensure more

effective control of the external land, sea and air borders, such as reinforcing

border control staff, providing training, increasing overall resources etc.

During the year under review, training remained an ongoing monthly exercise which is

compulsory for all border guards and police officers. There were no significant changes

with regards to the complement of officers deployed at BCP’s.

Following the conduct of a Schengen Evaluation on Malta’s Sea Borders, the AFM is

responding to feedback from the evaluators and conducting an exercise to increase the

compliance of AFM training with the Common Core Curriculum (CCC). Staff levels are

scheduled to remain relatively stable in the next 12 months. Equipment will continue to

be improved and enhanced including the procurement of new maritime helicopters, an

EBF-funded contract initiated in 2012 and that should result in the delivery of a first

platform in 2014.

d. Please describe whether your (Member) State has benefited from / has

provided any support with regard to border control in case of specific and

disproportionate pressures in your / in another (Member) State. Also provide

information on your (Member) State’s relevant participation in Frontex

activities, by type of activity (e.g. joint operations).

As stated earlier, in the area of border control, police officers were deployed during

Operation Poseidon which had the principal aim of preventing illegal border crossings

between Turkey and Greece.

AFM participation in Joint Operations included:

- 3 x 6-man border surveillance teams participated in JO Poseidon Land on the Greek-

Turkey Border.

- 1 x Maritime Patrol Aircraft was deployed for a 30-day period on JO Indalo conducting

patrol missions out of Malaga, Spain.

e. Please describe any additional (planned) activities not already described

above that contribute to the strengthening of security and preventing irregular

migration at the external borders e.g. (i) use of advanced passenger

information in accordance with Directive 2004/82/EC; (ii) identification of

irregular migration routes - specifically inside the Schengen area.

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During 2012, Immigration Police embarked on an EU funded project in order to establish

the best way forward with regards to set up of an advanced passenger data information

system.

Priority III: Preventing irregular migration via the Greek-Turkish Border

The relevant challenges in the Strategic Response for this sub-section are in particular:

III.1 Ensuring effective border controls are in place at the Greek-Turkish border

Police officers sent for this Joint Operation contributed by effecting debriefing interviews

of the apprehended migrants and thus contributed towards having a better intelligence

picture.

AFM deployed 3 x 6-man special teams within the framework of JO Poseidon Land in

support of the Greek authorities. Tasks conducted by the teams included routine

patrolling of the border, manning of static observation posts and response to specific

incidents under the leadership of the Host Member State.

III.2 Combating irregular immigration transiting Turkey to EU

N/a

Priority IV: Better tackling of abuse of legal migration channels

The relevant challenges in the Strategic Response for this sub-section are in particular:

IV.1 Prevent an increase in unfounded asylum applications as a direct

consequence of introducing visa free regimes in third countries and decrease

the number of overstayers in the Schengen area

N/a

IV.2 Combating and preventing irregular migration caused by visa liberalisation

There were no significant developments to report for 2012.

Priority V: Safeguarding and protecting free movement by prevention of abuse

by third-country nationals

The relevant challenges in the Strategic Response for this sub-section are in particular:

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V.1 Improve the understanding of abuse of free movement rights by third

country nationals and organised crime aiming at facilitating irregular

immigration

General investigating processes and training of staff when interfacing with migrants to

detect such abuse are ongoing processes.

V.2 Prevent the fraudulent acquisition and use of free movement rights by

third-country nationals

Third country family members of EU nationals will be issued with improved security

documentation in electronic card format containing security features provided for in

Regulation 2002/1030.

Priority VI: Enhancing migration management, including cooperation on return

practices

The relevant challenges in the Strategic Response for this sub-section are in particular:

VI.1 Ensuring that all Member States have efficient migration management

systems in place in order to be prepared for fluctuating migration pressures

No particular developments to report

VI.2 Maximising the potential of a common EU approach in the field of return,

both voluntary and forced in compliance with existing EU acquis

The Ministry for Home Affairs, in collaboration with the International Organisation for

Migration, supports an EU co-financed Assisted Voluntary Return and Re-integration

Project for third country nationals in Malta. The project, Restart III, is a continuation of

previous AVR projects and is funded under the European Return Fund. During 2012, a

total of 39 persons were assisted to varying degrees to voluntarily return to their country

of origin, including for the first time persons returning to Somaliland.

During 2012, the Immigration Police through various projects, continued to try and

enhance the return capabilities. An important part of this process is having good and

established contacts with the countries of origin. This is particularly important in Malta’s

scenario as nearly all the arriving illegal migrants do not have any means of

identification. Moreover, the countries of which they claim to be nationals do not have

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any local representation. Therefore the input of the countries of origin is essential in

order to establish and confirm nationality. In this context, various initiatives were

undertaken. These involved but were not limited to, invitations issued to consular officers

to visit Malta and conduct interviews with a view of issuing travelling documents to the

identified migrants. This proved quite successful this year as both the Ghanaian and the

Nigerian consular officers who came over managed to identify their nationals and issue

the required laissez-passer for them. This led to the organization of two charter flights

by the Immigration Police with Lagos and Accra being the destinations.

2.2 Key statistics

Third-country nationals returned (by nationality where possible)16

Returned as part

of forced return

measures

Returned

voluntarily

Among third-country nationals

returned voluntarily, the number

of third-country nationals

returned as part of an assisted

return programme

Nigeria 69 26 26

Ghana 59 5 5

Egypt 58

Libya 29

Somalia 3 3

Chad 1 1

Ethiopia 1 1

Guinea 1 1

Mali 1 1

Nigeria 2 1

Others 51

Total 266 39 39

16 Please provide the total number of third country nationals ordered to leave and returned in 2012. Please provide a breakdown of this total by nationality where possible.

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3. INTERNATIONAL PROTECTION INCLUDING ASYLUM

3.1 Common European Asylum System

Back in 2011, the Office of the Refugee Commissioner started the implementation of a

GDISC interpreter’s pool project financed by the ERF Funds. This Project has been

expanded to include a pilot project on actually sending interpreters from the United

Kingdom to Malta when there is a need for interpreters for a short period to provide

practical assistance on the spot. The Office managed to bring over to Malta six (6)

interpreters in different languages.

The Office of the Refugee Commissioner must note and remark that the help received in

having professional and well trained interpreters available for our own asylum

determination process though the GDISC project has been extremely important and a

concrete sign of solidarity.

Another project undertaken through GDISC, that ended in June 2012, was the adoption

of language analysis which was conducted in partnership with a Swedish company. Malta

faces challenges with performing language analysis checks and this project assisted Malta

in conducting almost 150 language analysis.

These projects assisted Malta in developing practical cooperation with other Member

States in the field of asylum and it also indirectly led towards more harmonized

procedures.

3.2 Cooperation with the European Asylum Support Office (EASO)

3.2.1 Participation in EASO activities

From the 4 to the 6 June 2012, an asylum determination officer participated in the EASO

Asylum Support Team in Greece for the EAC module of Interviewing Techniques to

deliver the didactic part of the training course. The group was composed of Greek

nationals and one Cypriot national. The training program was spread over three days,

two of which focused mainly on the content part of the module whilst one day centered

on didactics.

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Malta also contributed its experience and proposal to the EUREMA evaluation report

conducted by EASO.

The Office of the Refugee Commissioner has also ensured that it is duly represented by

members of staff in meetings organized by the European Asylum Support Office. Such

meetings include:

- EASO Training National Contact Point Meetings

- EASO Training Didactic Experts Meetings

- EASO Meetings on the Quality Matrix

- EASO Consultative Forum Meetings

- EASO Practical Cooperation Workshops (Syria, Afghanistan)

- EASO Meetings on unaccompanied minors

3.2.2 Provision of support by EASO to the Member States

Both the Office of the Refugee Commissioner and the Agency for the Welfare of Asylum

Seekers (AWAS) participated in training offered by EASO.

The Office of the Refugee Commissioner has been participating actively in the training

being organised by the European Asylum Support Office. In 2012, asylum determination

officers from the Office of the Refugee Commissioner attended the following EASO

training modules: International Refugee Law and Human Rights, Introduction to EU

Asylum Law and Police; Inclusion, Asylum Procedures Directive, End of Protection,

Interviewing Children and Evidence Assessment.

By the end of 2012, thirteen out of seventeen officers of the Refugee Commission

attended one or more of the EASO Training Modules since four new asylum determination

officers were recruited recently (that is, 76.5 percent). The Office of the Refugee

Commissioner has planned that by the end of 2013, all of the asylum determination

officer would have attended one or more of the EASO Training Modules.

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EASO Training

Modules Total

Asylum Determination

Officers Inte

rnat

ion

al

refu

gee

law

Intr

od

uct

ion

to

EU

Asy

lum

Law

and

Po

licy

Du

blin

Reg

ula

tio

n

Incl

usi

on

Exc

lusi

on

Asy

lum

Pro

ced

ure

Dir

ecti

ve

En

d o

f

Pro

tect

ion

Co

un

try

of

ori

gin

info

rmat

ion

Inte

rvie

win

g

Tec

hn

iqu

es

Inte

rvie

win

g

child

ren

In

terv

iew

ing

Vu

lner

able

Peo

ple

Evi

den

ce

Ass

essm

ent

Dra

ftin

g a

nd

Dec

isio

n-

mak

ing

A 4

B 3

C 1

D 2

E 2

F 3

G 4

H 3

I 2

J 2

K 2

M 2

N 2

O 1

P 1

Q 0

R 1

Total 2 4 3 5 0 1 2 6 2 3 1 3 3 35

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Participation in EASO Meetings:

The Office of the Refugee Commissioner has also ensured that it is duly represented by

members of staff in meetings organized by the European Asylum Support Office. Such

meetings include:

EASO Management Board Meetings

EASO Training National Contact Point Meetings

EASO Training Didactic Experts Meetings

EASO Meetings on the Quality Matrix

EASO Consultative Forum Meetings

EASO Practical Cooperation Workshops (Syria, Afghanistan)

EASO Meetings on unaccompanied minors

3.3 Intra-EU solidarity including Relocation

3.3.1 Support to national asylum systems

N/a

3.3.2 Relocation

In view of the disproportionate pressures facing Malta, and following an inter-Ministerial

pledging conference organised by the European Commission in May 2011, relocations of

protected persons from Malta to other Member States took place during 2012 as follows: 6 to

Germany, 10 to Denmark, 20 to The Netherlands, 10 to Ireland, 4 to Lithuania and 4 to

Portugal. Additionally other relocations to EEA countries have also taken place during 2012

including, 31 persons to Norway, 19 to Switzerland and 1 to Liechtenstein.

No relocations from other Member States to Malta took place.

Third-country nationals Relocated to your (Member) State

Relocated

Third-country nationals n/a

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53

3.4 Enhancing the external dimension including Resettlement

3.4.1 Cooperation with third countries

N/a.

3.4.2 Resettlement

In view of the disproportionate pressures facing Malta, persons granted international

protection are resettled to other countries from Malta, particularly to the United States

with 307 beneficiaries of protection being resettled to this country.

No resettlements from other Member States to Malta took place.

Third-country nationals Resettled in your (Member) State

Resettled

Third-country nationals N/a

4. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS

4.1 Unaccompanied minors and other vulnerable groups

This year Malta experienced a considerable increase in the arrivals of unaccompanied

minors. A total of 86 Care Orders have been issued. Nonetheless Malta consistently

ensured a good support and protection level to unaccompanied minors. A new initiative

has been the piloting of 15 cases of family tracing through the collaboration with IOM on

the Sparklet Project under the European Refugee Fund, 2008-2011. This proved to be a

challenging yet interesting mechanism which the Agency for the Welfare of Asylum

Seekers is exploring how this mechanism can be sustained in normal business

operations.

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4.2 Key statistics

Unaccompanied minors

Total Unaccompanied minors not

applying for asylum

Unaccompanied minors

applying for asylum

86 86

5 ACTIONS AGAINST TRAFFICKING IN HUMAN BEINGS

This Section should be completed also in the context of the "EU Strategy towards the

Eradication of Trafficking in Human Beings (2012-2016)”17, and you should liaise with

your national rapporteur on Trafficking in Human Beings.

5.1 Measures to identify, protect and assist victims of trafficking

During the course of 2012, in fulfilment of the first National Action Plan on Combating

Trafficking in Persons, covering the period 4th quarter 2011-4th quarter 2012, the Maltese

authorities held training, which was delivered by IOM experts, in relation to victim

referral (March 2012) and victim identification/support (July 2012).

Standard Operating Procedures (SOPs) involving both Government stakeholders and

NGOs were discussed by the Stakeholders’ Taskforce. The Taskforce, which was set up

pursuant to the National Action Plan, is composed of Government stakeholders, namely

the Ministry for Home Affairs, the Office of the Attorney General, the Police, the

Employment and Training Corporation, the Central Visa Unit, the Citizenship and

Expatriate Affairs Department, the Agency for the Welfare of Asylum Seekers, Aāenzija

Appoāā, the national social welfare agency,, as well as two NGOs, namely Caritas and the

Jesuit Refugee Service. The Taskforce was established in early 2012, whilst the two NGOs

were invited to join the Taskforce in July.

Draft National Human Trafficking Indicators have also been prepared and submitted to

the Monitoring Committee for approval pursuant to the necessary consultations.

Moreover, ‘on-the-ground’ training for stakeholders in the sector was planned with a view

to further enhance victim identification capabilities. Awareness-raising measures have

17http://ec.europa.eu/anti-trafficking/

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55

also been planned, pursuant to the publication of information on human trafficking in the

websites of the Ministry for Home Affairs and Aāenzija Appoāā.

5.2 Measures to prevent trafficking in human beings, and to increase the

prosecution of traffickers

The ‘awareness’ aspects mentioned in section 5.1 are also preventive in nature.

Moreover, the authorities are planning to hold targeted awareness sessions for

potentially vulnerable persons, by way of prevention.

A Prostitution and Trafficking in Human Beings Unit has been set up within the Police Vice

Squad in January 2012, with a view to intensifying efforts in this sphere. This has led to

increasing numbers of inspections at premises potentially vulnerable to human

trafficking. Although this has not always led to the prosecution of human trafficking

cases, it has contributed to the detection and prosecution of other offences.

5.3 Coordination and cooperation among key actors

Reference is made to section 5.1, particularly training and the Standard Operating

Procedures, which would result to better coordination and cooperation among key actors.

The establishment of the Stakeholders’ Taskforce early in 2012, which Taskforce now

also includes two major NGO’s, also enhances coordination and cooperation among key

actors, as well as policy coherence.

Government also recruited the services of an international expert in November 2012.

Among other tasks, the expert would be conducting research on the human trafficking

scenario in Malta, thereby contributing to the acquisition of data and knowledge about

prevailing trends.

Cooperation with third countries vis-à-vis ongoing cases is conducted as necessary.

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56

5.4 Key statistics

Third-country nationals receiving a residence permit as victims of human

trafficking

Third-country nationals 0

Traffickers arrested as suspects and traffickers convicted

Arrested / otherwise

involved in a criminal

proceeding Convicted

Traffickers 2 1 (sentence subject to appeal)

6. MAXIMISING DEVELOPMENT IMPACT OF MIGRATION AND MOBILITY

6.1 Mainstreaming of migration in development policies

Malta’s Development Policy highlights the link between migration and development,

making migration one of the ten areas of focus of Malta’s development work. Specifically

there is an emphasis that Malta’s development assistance should prioritise the Horn of

Africa region, since the majority of third country nationals that seek asylum in Malta

come from the region. Therefore Malta recognizes in its development policy and also

through its multilateral and bilateral development projects the need to support the

countries and territories in the Horn of Africa region. Various bilateral development

projects run by Malta’s civil society have been co-funded by the Ministry of Foreign

Affairs in the Horn of Africa region. Malta has also participated, through its military in

the European Union Training Mission to Somalia, which is based in Uganda, as a further

evidence of development activities emanating from the migration nexus.

6.2 Migrants’ Remittances

Malta does not regulate the amount of charges that are levied on customers when they

send money from Malta. Essentially, such charges are established by market forces.

Each entity which provides such a service is, however, required to be transparent in its

charging structure and that the customer availing himself of such a service is fully aware

of the charges which will be incurred BEFORE the transaction takes place.

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In principle, Malta does not object to the proposal of having cheaper charges for migrants

when remitting money to their homeland. In fact Malta believes that refugees should not

only be given access to low-cost, secure and efficient remittance services, but also be

provided with the opportunity to open a basic bank account to manage their money. The

regulating financial body in Malta, the Malta Financial Services Authority (MFSA), does

not regulate charges, and in principle such charges should be determined by market

forces. To facilitate competition, the MFSA website http://mymoneybox.mfsa.com.mt

contains a section which compares charges levied by banks in Malta for bank transfers.

Malta encourages free market competition such that new entrants can provide

differentiated remittance services and provide a better service and at a lower cost for the

consumer. Furthermore the MFSA continues to process and licence - subject always to a

rigorous and comprehensive vetting/application process - institutions such as Payment

Institutions in terms of the Payment Services Directive and electronic money institutions

in terms of the Electronic Money Directive is in itself a tangible demonstration of

providing the requisite environment for increased and increasing competition in this area.

6.2 Migrants’ Remittances

Remittances generated by migrant populations in host countries are also seen as an

important element in development, providing an essential injection of capital into the

developing economies to complement the flow of aid and Foreign Direct Investment

(FDI). In this regard, it is important to exploit the potential benefits of the link between

well-managed legal migration and development.

Malta does not regulate the amount of charges that are levied on customers when they

send money from Malta. Essentially, such charges are established by market forces.

Each entity which provides such a service is, however, required to be transparent in its

charging structure and that the customer availing himself of such a service is fully aware

of the charges which will be incurred BEFORE the transaction takes place.

In principle, Malta does not object to the proposal of having cheaper charges for migrants

when remitting money to their homeland. In fact Malta believes that refugees should not

only be given access to low-cost, secure and efficient remittance services, but also be

provided with the opportunity to open a basic bank account to manage their money. The

regulating financial body in Malta, the Malta Financial Services Authority (MFSA), does

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58

not regulate charges, and in principle such charges should be determined by market

forces. To facilitate competition, the MFSA website http://mymoneybox.mfsa.com.mt

contains a section which compares charges levied by banks in Malta for bank transfers.

Malta encourages free market competition such that new entrants can provide

differentiated remittance services and provide a better service and at a lower cost for the

consumer. Furthermore the MFSA continues to process and licence - subject always to a

rigorous and comprehensive vetting/application process - institutions such as Payment

Institutions in terms of the Payment Services Directive and electronic money institutions

in terms of the Electronic Money Directive is in itself a tangible demonstration of

providing the requisite environment for increased and increasing competition in this area.

6.3 Working with Diasporas

N/a

6.4 Efforts to mitigate ‘brain drain’.

No such measures have been implemented or are planned.

7. PROVISION AND EXCHANGE OF INFORMATION TO SUPPORT POLICY

DEVELOPMENT

7.1 Exchange of Information at EU level

Malta has contributed to the exchange of information through the European Migration

Network both through reports and replies to ad hoc queries launched by other Member

States; through the EASO including with the review of the pilot project, and; through

other fora as relevant.

7.2 Exchange of Information at Regional and National levels

N/a

***********************

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59