Maltese Rights in Limbo: Ombudsman’s Decade-Long Struggle for Full Protection

Imagine this: you’re walking down Republic Street, the heart of Malta’s capital, Valletta. You pass by the Grandmaster’s Palace, a symbol of power and history. Now, imagine that the very rights you enjoy as a citizen of this small yet resilient nation are not fully protected. This is not a hypothetical scenario, but a reality that has persisted for over a decade, according to Malta’s Ombudsman.

Ombudsman’s Warnings: A Decade of Disregard

The Ombudsman, a constitutional office tasked with protecting human rights and preventing maladministration, has been raising the alarm about this issue for over ten years. Yet, the lack of full human rights protection in Malta remains an unresolved concern. In 2011, the Ombudsman first highlighted the need for Malta to ratify the Optional Protocol to the Convention Against Torture (OPCAT). A decade later, this has still not been done.

In 2018, the Ombudsman sounded the alarm again, this time about the lack of a comprehensive law on freedom of information. Despite Malta’s obligations under international law, such a law remains elusive. The Ombudsman’s office has also repeatedly called for stronger protection against discrimination, particularly for vulnerable groups like LGBTIQ+ individuals and persons with disabilities.

Malta’s International Obligations: A Closer Look

Malta is a signatory to numerous international human rights treaties, including the European Convention on Human Rights and the International Covenant on Civil and Political Rights. Yet, despite these commitments, Malta has not fully implemented the rights guaranteed by these treaties. The Optional Protocol to the Convention Against Torture, for instance, would allow for regular visits to places of detention to prevent torture. The lack of such a protocol in Malta raises questions about the government’s commitment to human rights protection.

Malta’s obligations under the International Covenant on Civil and Political Rights extend beyond mere ratification. The country is required to ensure that these rights are fully protected and effectively implemented. This includes providing remedies when these rights are violated. Yet, the Ombudsman’s office has consistently highlighted gaps in Malta’s legal framework that hinder the full realization of these rights.

Local Impacts and Next Steps

The lack of full human rights protection has tangible impacts on Maltese citizens. It can hinder access to justice, limit freedom of expression, and perpetuate discrimination. For instance, the lack of a comprehensive freedom of information law can make it difficult for citizens to access public information, hindering transparency and accountability.

So, what can be done? The Ombudsman’s office has consistently called for legislative reform to address these gaps. This includes ratifying the OPCAT, enacting a comprehensive freedom of information law, and strengthening anti-discrimination legislation. The government has a crucial role to play in ensuring that these reforms are enacted promptly.

But change also requires citizen engagement. Maltese citizens must demand their rights and hold their government accountable. After all, it’s your rights that are at stake, your voice that matters. So, the next time you’re walking down Republic Street, remember that your rights deserve more than just lip service. They deserve full protection.

As the Ombudsman, Charles Miceli, put it, “Human rights are not a luxury. They are the very foundation of a democratic society.” It’s high time Malta ensures that these rights are fully protected.