Freedom in the World 2005 - Malta
|Publication Date||20 December 2004|
|Cite as||Freedom House, Freedom in the World 2005 - Malta, 20 December 2004, available at: http://www.refworld.org/docid/473c550c1e.html [accessed 14 February 2016]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Political Rights: 1
Civil Liberties: 1
Life Expectancy: 78
Religious Groups: Roman Catholic (98 percent), other [including Muslim, Jewish, and Protestant] (2 percent)
Ethnic Groups: Maltese [mixed Arab, Norman, Spanish, Italian, and English]
Malta's legislature chose a new president, Eddie Fenech Adami, in March 2004. In May, the country joined the European Union (EU) along with nine other European countries in the largest expansion of the organization's history.
Malta is a small island nation with ties to both the European and Arab worlds. After gaining independence from the British in 1964, the country joined the Commonwealth and became a republic in 1974. From 1964 to 1971, Malta was ruled by the Nationalist Party (PN), which pursued a pro-Western alliance. In 1971 the European alliance broke down when the Labour Party (MLP) took power and moved the country toward nonalignment and a special friendship with leftist governments in Libya and Algeria. The PN returned to power in 1987, and in 1990 the country submitted its application for full membership in the EU (then the EC).
After a brief interlude with the return to power of the MLP from 1996 to 1998, Malta continued in a pro-European direction that culminated on March 8, 2003, in a national referendum on EU accession. Malta was the first among the 10 current candidate countries to hold a referendum on the issue of EU membership, which was approved by a vote of 54 percent. The country formally joined the EU in May 2004 in the organization's largest expansion since its founding in the early years after World War II.
On March 29, 2004, the Chamber of Representatives elected a new president of the republic, Eddie Fenech Adami, the former prime minister and veteran leader of the ruling Nationalist Party. Lawrence Gonzi, the former deputy prime minister, took over the post of prime minister.
Political Rights and Civil Liberties
The Maltese are free to change their government democratically. The country has a unicameral legislature with 65 seats that are decided by a national system of proportional representation with an additional single-transferable-vote (STV) arrangement. STV is different from the traditional "list" proportional representation systems because it allows the voter not only to choose a party but also to rank-order the candidates running for office. Parliament is elected for a five-year term, and members of parliament, in turn, elect the president to serve five years. The prime minister is selected by a vote of party delegates.
National elections in 2003 returned the incumbent PN into power with around 52 percent of the vote and 35 seats. The MLP came in second with around 48 percent of the vote and 30 seats. The smaller Alternattiva Demokratika (AD) lost support compared with the elections in 1998.
The EU, in its 2003 monitoring report, which seeks to determine whether candidate countries are adopting its body of law, criticized Malta for lacking a specific anticorruption program. The issue of corruption emerged in the country after a chief justice in 2003 had to resign because of a bribery scandal over a prison sentence appeal. Malta was ranked 25 out of 146 countries surveyed in Transparency International's 2004 Corruption Perceptions Index.
The constitution guarantees freedom of speech and of the press. There are several newspapers and weeklies in both Maltese and English, as well as radio and television stations. The island also has access to Italian television, which many Maltese watch. The government does not block Internet access.
The constitution establishes Roman Catholicism as the state religion, and the state grants subsidies only to Catholic schools. However, although the population is overwhelmingly Roman Catholic, other religious groups are tolerated and respected. There are small communities of Muslims, Jews, and Protestants, the latter being mostly British retirees. There is one Muslim private school in the country. The government had also approved a site for a 500-grave Muslim cemetery, although by the end of the year work on this project had not yet begun.
Academic freedom is respected, and there is generally free and open discussion in the country. However, an amendment to the criminal code makes incitement to racial hatred a crime punishable by a prison term of 6 to 8 months.
The constitution provides for freedom of assembly and association, and the government generally respected these rights. International and domestic NGOs investigating human rights issues were able to operate without government interference. The law recognizes the right to form and join trade unions, and limits on the right to strike were eased in 2002. However, the country's compulsory arbitration clause in its Employment and Industrial Relations Act allows the government to force a settlement on striking workers. This clause, which permits compulsory arbitration to be held even if it is requested by only one of the parties involved, contravenes the International Labor Organization's Convention 87. According to the International Confederation of Free Trade Unions, the government insists that it rarely invokes this clause as it is used only when all other channels for arbitration have been exhausted.
The judiciary is independent, and the rule of law prevails in civil and criminal matters. The Police Ordinance Act, which took effect in 2003, provides a number of reform measures related to policing and criminal justice, including the establishment of a witness protection program and a mechanism for handling both internal and external complaints directed towards the police. Prison conditions generally met international standards.
A magisterial inquiry commenced in May to investigate the deportation of 220 Eritrean citizens in 2002, who subsequently disappeared and are believed to have been killed. According to the US State Department, the inquiry concluded that officials did not use irregular or illegal practices and had "exercised due discretion and diligence throughout the entire deportation process and had provided the Eritrean nationals full information about their rights."
The government respects personal autonomy and freedom. However, divorce is illegal and violence against women continues to be a problem on the island. Additionally, of the 65 seats in parliament, women occupy only 6. Progress, though, has been made. Women now occupy two government posts, the Minister of Gozo (the second island in the archipelago) and the Minister for Family and Solidarity. The women are the first to occupy government positions of such high standing.