AN ANALYSIS AND CATEGORISATION OF THE ASYLUM APPELLANTS IN MALTA, 2005-2007

General Introduction

1.1 This Challenge project report is sourced through a privileged access to archived documentation held at the Refugee Appeals Board, Fort St Elmo, Valletta. This is the tribunal responsible for finally determining refugee status, which the author has chaired since its inception in November 2001. That was just after Malta had legislated to assume responsibility for asylum applications, forgoing its earlier opt-out on the 1967 New York Protocol modifying the 1952 Geneva Convention on Refugees, i.e. no longer limiting asylum to refugees from Europe but extending access to any provenance. This meant, too, that Malta would no longer rely on UNHCR, mainly through its Branch Office in Rome, to interview or review asylum-seekers including appellants, and to help directly by means of arranging permanent third country resettlement for refugees or special humanitarian cases. That is what had always happened previously, for example in 1972 when hundreds of Ugandan Asians expelled by Idi Amin had been temporarily hosted in Tigne’ Barracks, Sliema; or in 1991 when in the wake of the Gulf War hundreds of Iraqis, mostly Christians, had obtained temporary visas to Malta and, as in the first case, were duly resettled in third countries with UNHCR assistance, using the Emigrants Commission in Valletta as an implementing partner.

1.2 This situation changed radically in 2001 when the Malta Refugee Act came into force, just two years before Malta became a member of the E.U. With minimal resources, a Refugee Commission and a Refugee Appeals Board were set up as autonomous entities under the aegis of the Ministry for Justice and Home Affairs, while UNHCR financial assistance to Malta ceased as did its earlier commitment towards providing permanent third country resettlement to asylum-seekers temporarily resident in Malta. A reception centre was also built at Hal Far fairly comfortably to accommodate up to some 200 asylum-seekers but no sooner had this been inaugurated than the number of illegal immigrants seeking asylum in Malta shot up within one year from 50 in 2001 to over 2000 in 2002.

1.3 This report (Challenge deliverable 2 for 2007) is a follow-up to my graphically illustrated findings for 2005 (which had figured as a keynote paper in the Malta Challenge Conference, comparing situations on the Southern and the Eastern borders of the Union, held at the Victoria Hotel, Sliema, in December 2005, which attracted considerable press coverage, even as a front-page lead story). These findings and analyses were then adapted and disseminated through a centre page spread in The Sunday Times, Malta’s best-selling newspaper, entitled ‘Malta’s changing immigration and asylum discourse’ published on 29 Jan. 2006, pp. 46-47 (attached under separate cover by way of background as Enclosure 1).

1.4 In addition to an analytical, illustrated breakdown by category compiled for appellants mainly during the calendar year 2006, this WP7 review seeks to offer some comparisons of the prevailing situation as this has been shifting and changing during the past two years.

1.5 The situation is somewhat less static than it seems (Libya as the main conduit for human trafficking, etc). Changes continue into 2007, prompting new investigative categories in the case of appellants having a criminal background and, more recently, for those who specifically state that they choose to come to Malta or indeed allegedly left their own country in order to do so, giving reasons for that. Although these latter still constitute a tiny minority, the very existence of such a departure is unprecedented; before it was never so. Moreover, from the reasons given,, it would seem that their intentions are motivated to a greater or lesser extent by the following five factors: the existence of democracy and human rights in Malta; Malta’s membership of the EU and therefore its obligation to help them; the ready provision of board and lodging as well as other forms of material assistance; the government’s policy not to send back failed asylum seekers (from example from West Africa); and the fact that appellants allegedly have «no one» left (relatives, friends, etc) in their own country of origin, thus implying that they now have contacts or networks on the island of Malta, which however is far the smallest and most densely populated member state of the EU.

1.6 For the first time, therefore, a breakdown is given here of the «reasons for requesting asylum» in Malta. I only had this additional field of systematic inquiry introduced in dossier analyses towards the end of 2006 so the figures covered here, so far as this new category is concerned, for the time being relate only to the period from November 2006 to May 2007. Other figures and percentages relate to total numbers of cases we adjudicated from 1 January to 31 December 2006. These comprise: the real or alleged country of origin; the country of last departure and the length of stay there (months, years, etc); formal education if any; gender; legal or illegal entry; religion; age group; and, as already mentioned, the reasons given for claiming asylum.

1. Empirical Evidence: Total Number of Appellants

2.1. The total number of appeals received during 2006 from asylum-seekers who had been turned down at first instance or who had been granted a temporary humanitarian protection was 732. In accordance with the general trend since 2001/2, the number of appellants has been generally on the rise.

1A. Analytical Commentary.

2.2. This is mainly because NGO assistance and prompting, facilitating recourse to both applications and appeals, has steadily consolidated, with fill-in-the-blank forms being made available to anyone and everyone who could benefit from the prospect of asylum. Equally, however, appeals over the last two years, particularly ones that may be adjudicated, have increased considerably thanks to an improvement in the provision by the Ministry of Justice and Home Affairs of legal aid by a specialized pool, in accordance with recommendations which had been made repeatedly by the Refugee Appeals Board ever since 2002. As the law grants appellants the right to free legal aid, the Board felt that it was unjust to adjudicate anyone who had asked for legal aid without him or her having received it. This situation how now improved so that not only has the number increased but, ironically, the backlog in their adjudication has greatly decreased, sometimes it being reduced to nil. The profile of the Malta appeals caseload becomes clearer below from the evidence and commentaries about the various categories researched, and should help to understand why the vast majority of such appeals were judged to be manifestly unfounded or lacking in Convention requirements. In spite of a number of open hearings in which the Refugee Commission’s decisions were fully re-scrutunized, it was rarely possible to reverse judgments; saddest of all was one such case where an appellant turned up for the open hearing with his lawyer and his pregnant Maltese partner (who was actually married to another Muslim from another country) but, soon after his rejection, it transpired from the court cases column in the press that he had been criminally charged with being the leader of an extortion gang, by which time however he had somehow disappeared.

2. Empirical Evidence: Countries of Origin

3.1 During 2006 the country or alleged countries of origin were the following, in descending numerical order:

Sudan: 182 (24.86%);

Eritrea: 108 (14.75%);

Ethiopia: 91 (12.43%);

Ivory Coast: 64 (8.74%);

Niger: 69 (9.43%);

Ivory Coast: 64 (8.74%);

Nigeria: 41 (5.60%);

Togo: 33 (4.51%);

Somalia: 30 (4.10%);

Liberia: 18 (2.46%);

Ghana: 17 (2.32%)

Palestine: 14 (1.91%);

Iraq: 9 (1.23%);

Sierra Leone: 9 (1.23%);

Chad: 8 (1.09%);

Burkina Faso: 8 (1.09%);

Algeria: 7 (0.96%);

Mali: 5 (0.68%);

Syria: 4 (0.55%);

Turkey: 3 (0.41%);

Others: Benin, Cameroon, India, Libya, Morocco, Senegal, Tunisia, Democratic Republic of Congo (2), Guinea Bissau, Zimbabwe: 2%.

2A. Analytical Commentary

3.2 In percentage terms, this situation shows a notable increase in those from or claiming to be from the Sudan (up from 10% to nearly 25%) because of or in relation to the Darfur conflict; as well a big jump from 4-5% for Eritrea and Ethiopia, especially the former, where a relentless war-like dictatorship holds sway, increasingly bent, according to reliable BBC reports and interviews, on also Muslimizing the country’s large Christian population (several of whom have sought refuge in neighbouring Ethiopia, where Christians are not persecuted). Ivory Coast has decreased from 11%, but Nigeria has gone up from 3%, while Togo was hardly a consideration at all until now. Somalis or alleged Somalis decreased markedly, down from 20%; Liberia also decreased from 3%, partly perhaps because the political situation improved following the end of internal fighting accompanied by democratization and elections. Inexplicably, but mostly for economic reasons and the European quest, Ghanains became a factor, whereas before they were not, although Ghana remains a safe, democratic country. Here it may be noted that not a single Ghanaian arriving illegally in Malta, usually from Libya by boat, has ever been repatriated. Palestinians declined from 8% to less tan 2%, as did Iraqis, down from 3%. Turks, mainly claiming Kurdish nationality, declined markedly from 7%, although it is not known that any failed Turkish asylum-seekers have been repatriated on the regular direct Air Malta route to Istanbul in recent years. Noteworthy caseloads which figured somewhat in 2005 but ceased to do so in 2006 include mainly South Asians (Pakistanis, Indians, Bangladeshis) and nationals from the Democratic Republic of Congo (down drastically from 12%), possibly as a result of peace-keeping initiatives there.

3.3. With the exception of one-offs (Kyrgyzstan, Serbia, Senegal, Tunisia), the nationality profile of illegal immigrants seeking asylum in Malta has remained characterized by sub-Saharan Africans, mainly from East, Central and West Africa, traveling more or less by the same means via the same land-and-sea routes. What is less clear is the percentage of those arriving by air, who arrange to stay on expired visas or otherwise, most of whom would be from the Arab world, the Balkans, the Caucuses, South Asia or the Far East, including China. Most of these do not seem to apply for asylum preferring other integration alternatives through networking and/or work permits and/or inter-marriage.

3. Empirical Evidence: Last Country of Departure and Duration of Stays prior to arriving in Malta

4.1 In 2006, as in 2005, the last country of departure of illegal immigrants who seek asylum in Malta has been Libya. In 2006 As many as 93% of all appellants (678) came from Libya, a little more than in the previous year. A small percentage (12% in 2005 down to 2% in 2006) flew in from different airports in Europe, North Africa or the Near East. For the rest, those not arriving by boat via Libya came from Turkey (3% in 2005), the Ivory Coast or Tunisia with isolated individual cases from Lebanon or Bulgaria.

3A: Analytical Commentary

4.2 Apart from the largely trafficked departures from Libyan ports in procured boats, what is even more telling is the duration of stays, usually but not always in Libya, prior to embarking on the voyage to Europe. 35 persons or 5% had been mainly in Libya for more than ten years before disembarking in Malta, while 19 or 3% had been there for 5-10 years, and 101 or 14% between for between 2 and 5 years. Most (252 or 34%) had been in Libya for up to one year, with 142 or 19% for about one month, i.e. effectively in transit on the mass illegal immigration routes to Europe mainly from Libya. These figures compare with those for the previous year when 12% had been in a third country, almost invariably but not always Libya, for more than 5 years before disembarking on Maltese shores (sometimes having been saved in search and rescue operations usually by the Maltese Armed Forces in Maltese waters). As many as 10% had been in the country of departure for between 2 and 5 years, 22% between 1 and 2 years, and 56% up to one year. This shows fairly constantly that a slight majority, over 50%, would have stayed in the country of departure, usually Libya, for up to one year, with the rest having lived and worked there for longer, often much longer. Thus hardly any asylum-seekers come to Malta directly from their country of origin and almost invariably they have not applied or even considered applying for refugee status in any of the countries visited or lived in since leaving their home country or alleged home country. The vast majority are not in possession of a passport or an identity document, many claiming to have lost these or had them confiscated en route.

4.3 Of all the appeals received during 2006, 724 out of 732 of these or 99% had arrived/entered illegally; only 8 persons or 1% had entered Malta legally. This shows a considerable increase on 2005, when those entering Malta illegally were 84%, with 16% entering legally. The number of illegal entries would thus seem to be increasing further.

4: Empirical Evidence: Age Groups

5.1 In 2006, the largest segment of appellants (335 or 45.77%) were aged between 26 and 35 years. The second largest segment (266 or 36.34%) were aged between 18 and 25 years. Only 26 were pr said they were under 18 (3.55%). For the rest, 70 (9.56%) were aged between 36 and 45 years, 6 (0.82%) between 46 and 50%, and only 2 (0.27%) were over 50 years old. There were 21 (2.87%) accompanied minors (including a few new-born babes, one or two on the boats), and 6 or 0.82% were of an unknown age.

4A: Analytical Commentary

5.2 Age claims are often found to be untrue after technical/medical tests particularly when arrivals claim to be minors so as not to be detained. Accompanied and unaccompanied minors are not detained, nor are families with children. However, clearly enough, far the majority of arrivals are aged between 18 and 35 years, i.e. younger persons of work age, evidently seeking better jobs and futures in Europe. This statistic should be read in conjunction with the findings on gender (5 and 5A below). In 2005 our findings regarding age groups were similar, most being in their twenties and thirties; only 7% were over 40 years old.

5. Empirical Evidence: Gender Characteristics

6.1 Typically, as in previous years, in 2006 most asylum-seekers were young adult males. As many as 87% (640) were males. Only 71 or 10% were females. 21 or 3% were accompanied minors.

5A: Analytical Commentary

6.2 This statistic becomes clearer when looking at the stated reasons for claiming asylum. Most male adults are seeking better work prospects. A smaller number are evading military service, deserting the army or are fugitives from justice. Few if any of these are ever females. Most boatloads usually comprise a token female presence with one or perhaps two children abroad. Of these, a number constitute families; occasionally couples claim to have been separated by traffickers in the process of being consigned to specific boats ashore before leaving. What this statistic also means, however, is that the country where asylum is being sought, in this case Malta, is increasingly under the stress of a growingly disproportionate ratio between male and female residents. Moreover the great majority of males are relatively young and single. Additional light on this finding may emerge from the findings regarding religious beliefs and cultures, as well as educational standards, given below.

6.3 Standards of hygiene and health have so far not been analysed here. Some cases of tuberculosis, scabies, AIDs and occasionally hepatitis, including hepatitis B, have been diagnosed by attendant doctors and even mentioned in the press. TB and scabies had been practically eradicated altogether in post-war Malta and were extremely rare if not unknown. A TB scare at one point led to various resignations of case workers from the offices of the Refugee Commission in 2006/07 while intensified health and remedial medical checks and cures at the offices of the Refugee Appeals Board had to be undertaken.

6. Empirical Evidence: Religious Beliefs and Cultures

7.1 In 2006, religious professions of illegal immigrants seeking asylum at the appellate level in Malta were as follows:

Muslims: 53.83% (394);

Catholics: 24.45% (179);

Orthodox: 15.98% (117);

Pentecostal: 2.05% (15);

Protestant: 0.68% (5);

Other (including 2 Jehovah Witnesses): c. 3%.

6A: Analytical Commentary

7.2. In 2005, the percentage of Muslim appellants was 67%, with only 13% Catholics. The rest were Protestants, Orthodox, other mainly Christian denominations and sects, with a few Hindus (3%).

7.3. At first instance, the percentage would be higher, particularly because of the Somali applicants, to whom Malta grants a humanitarian protection and assistance in deference to a UNHCR recommendation.

7.4. The implications for the host country, which has been traditionally very largely homogeneous and almost entirely Catholic, can be significant. Historically a Catholic bulwark against the advance of Islam and the Ottoman Empire, Malta’s religious-cultural make-up among the ever-growing population and is inev itably changing at a fast and growing rate, with a relatively high proportion of Arab-Maltese marriages. So far, however, the Muslim population had grown to some 3% and there is still only one big mosque with a growing Islamic school adjoining it. This had been financed by Colonal Muammar Gaddafi of Libya when Malta was ruled by Dom Mintoff (1971-1984). On the other hand, Catholic NGOs are foremost among those hosting and assisting asylum-seekers of whatever religious affiliation these may be, while efforts are being made towards facilitating integration (state schools, clinics and hospitals are free).

7. Empirical Evidence: Education levels

8.1. In 2006 most asylum-seeking appellants in Malta had either never attended school and were illiterate (40%, or 289) or else they had attended primary school classes (36% or 267). Only 17% had been to a post-primary or secondary school (125), 5% had been to a high school, and 2% (14) to a tertiary institution such as a college or university.

7A: Analytical Commentary

8..2. These figures compare with 2005 thus and are not dissimilar. 35% had never been to a school and were illiterate while 33% had been exposed to some level of elementary schooling. In other words, in 2006 some 76% were illiterate or semi-literate while in the previous year the corresponding percentage was 68%. Some 10% in all had been to secondary school, high school, college or university.

8.3. These statistics can be misleading because many of these appellants come from farming backgrounds. This means that while lacking a formal schooling several among them would have had practical experience in herding, farming, dairying or crop production of various kinds. However, from the point of view of integration, this places further pressures on a small and new island state such as Malta, where secondary education has been compulsory since 1947 and university free since 1970. It increases the need for more resources to combat illiteracy and it may well make any integration more difficult. Unfortunately farm land is extremely limited, with agriculture accounting for a small fraction of GDP, so there is little scope for any farming expertise to be put to much good use on the island.

8. Empirical Evidence: Reasons for Requesting Asylum in Malta

9.1. This covers appellants whose cases have been adjudicated from November 2006 to May 2007. The most important reasons given may be categorized as country instability. Such ‘instability’ accounts for 28% of cases (42 persons). The second most important general reason given 919%, 27 persons) may be said to fall within the bracket of ‘politics’, persons allegedly at odds with the governing party or dissatisfied with its performance. In both categories corruption and a lack of Western-style democracy plays a part but complaints tend to be of a general nature, not strictly related to Convention definitions of refugee status. A third and very sincere reason for claiming asylum (15% or 22 persons) is simply economic: poverty, drought, bad pay, lack of job opportunities, harsh labouring conditions. As many as 10% (14) left because they did not want to undergo military service intheir home country, while 9% (13) had committed or been accused of having committed a criminal act of one kind or another (murder, manslaughter, theft, fraud, tribal violence). Others said they had family problems (6%, 8 persons); or religious problems (5%, 7 persons), such as wishing to convert from Christianity to Islam or vice-versa; while 2% or 3 persons wished to further their education in Malta, such as learning English, sometimes saying they would then return home. There were other miscellaneous cases but generally not cases warranting status because of a well-founded proven fear of persecution. At first instance Malta grants status or at least some kind of protection and assistance (including board and lodging in open centres) to well over 50% of applicants.

8A: Analytical Commentary and Conclusion

9.2. While reception/detention conditions I shall cover in another WP7 report and update (as deliverable 1 for 2007) it was thought instructive to find out by an analytical categorization what the profile of asylum-seeking appellants has been and how this may be changing. Graphs and tables are being mailed separately as Enclosure 2. These particular research findings (which are so far completely unknown, even to the Government of Malta) are complementary to others in related fields within the broad spectrum of freedom and security in the mass migratory movement hitting Europe and especially the Mediterranean island frontier states, such as Malta and Cyprus, who are hamstrung by the provisions of the Dublin Convention while being constrained by space, density and lack of resources. A field research work comparison of these two new EU island member states under the Challenge project mandate will be undertaken as my WP deliverable 3 in 2008.

HENRY FRENDO

Univ of Malta

Participant No 17 (UM 24), WP7

20th November 2007

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AN ANALYSIS AND CATEGORISATION OF THE ASYLUM APPELLANTS IN MALTA, 2005-2007