Il-gimmick ta’ Simon Busuttil

Busuttil-Muscat

Il-ħsara lir-reputazzjoni ta’ Malta bl-iskema tal-bejgħ taċ-ċittadinanza imfassla minn Joseph Muscat u l-konsulenti tiegħu Henley and Partners hi waħda kbira.

Il-bieraħ Simon Busuttil kompla żied ma din il-ħsara billi ddikjara li ser imur il-Qorti u jippreżenta protest ġudizzjarju kontra l-Gvern u kontra Henley and Partners. F’dan il-protest ġudizzjarju Busuttil fi ħsiebu jibqa’ jemfasizza illi meta l-PN ikun fil-Gvern hu determinat illi lil dawk li jkunu xtraw iċ-ċittadinanza jeħodilhom lura.  Dikjarazzjoni ta’ din ix-xorta minn Simon Busuttil tfisser li l-PN taħt Simon Busuttil jiġi jaqa’ u jqum mid-drittijiet tal-bniedem. Simon Busuttil jaf li dak li qed jgħid ma jistax jagħmlu. Jaf li ma jistax b’daqqa ta’ pinna jħassar id-drittijiet akkwistati anke jekk għandu raġunijiet validi li minħabba fihom ma jaqbilx mal-liġi li ħolqot dawk id-drittijiet.

Din id-dikjarazzjoni ta’ Simon Busuttil hi tebgħa kerha fuq il-PN. Busuttil fil-ġimgħat li għaddew iġġustifika dan billi qal li għandu parir legali f’dan is-sens. Busuttil imissu jippubblika l-parir li qed jgħid li għandu kif diġa għamel il-Gvern meta ippubblika l-parir tal-Avukat tar-Repubblika.

Li Simon Busuttil jinsisti li l-Gvern ta’ Muscat jibdel drastikament l-iskema hu tajjeb. Li jikkompeti miegħu dwar min minnhom jagħmel l-iktar ħsara hu tal-biki.

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The citizenship bubble of Malta

Malta golden passport 1

Many issues are involved in the citizenship debate.

The government clearly considers Maltese citizenship as just another commodity, which it can milk. Initially it even removed the transparency rule from the statute book, which rule ensured the publication of the names of all those who acquired Maltese citizenship.

Whereas local public opinion was completely ignored, the Labour government reacted to the international media coverage by announcing that it will reverse its ditching of transparency. Yet its reaction may be too late as the damage done to Malta’s reputation is not easily reversed.

The international media queried the unconventional methods used to generate the finance required by the Maltese state.

Within EU circles it is clear that issues concerning citizenship are a competence reserved to member states. Yet the  Schengen dimension of EU citizenship cannot be ignored.

The citizenship scheme is attractive because, through it, the prospective citizen attains freedom of movement within the EU.

It is a very serious concern which can only be adequately addressed if the due diligence process is foolproof.

The problem is that, to date, the Maltese Government has already signalled that it is not that much concerned by the impact of persons who are associated with a fraudulent past, a case in point being government advisor Shiv Nair who is listed permanently on the World’s Bank blacklist.

Another recent example is China Communications Construction Company Limited, also on the World Bank blacklist. This Chinese Company will carry out (gratis) the feasibility study for a Malta-Gozo bridge on the basis of the very friendly relations between the two republics, we were told. (I had the impression that countries had no friends, they just have interests!)

This follows the earlier selection of Lahmeyer International as an advisor to the Gonzi Government. Lahmeyer International too was on the World Bank’s  blacklist.

Past performance indicates that due diligence is not an area in which the Republic of Malta has excelled.

Is it a sale or is it an investment? In fact it is a bit of both. It is surely an unconventional way of raising finance. Its major characteristic is that it focuses on the short term benefits and ignores the long term impacts.  The selling price can give immediate results: it can finance the start-up of specific projects. Whether these will be successful is another matter altogether. The impacts of an investment scheme will take more time, its a long term exercise.

The method of payment selected for the purchase of citizenship is clearly based on the St Kitts and Nevis model in the Caribbean.  In St Kitts and Nevis, payment for citizenship is received by the Sugar Industry Diversification Foundation and, subsequently, invested. The investment made is not at the discretion of the applicant for citizenship but a decision by the country dishing out the citizenship.

Public opinion considers that citizenship should be acquired through establishing solid roots in the country. Establishing minimum residence criteria and committment to the economic development of Malta through investment and job creation are essential criteria to be linked to the award of economic citizenship.

Government has done well, even though late in the day, to declare that it will reverse its secrecy stance. The declaration by Deputy Prime Minister Louis Grech that the regulations being drafted to implement government’s proposal will ensure that the names of those granted citizenship under the new legislation are public is welcome. This new position adopted by the government links with and reinforces the public committments made on the need for more robust due diligence.

It is, however, clear  that regulations alone will not suffice to entrench transparency in the citizenship scheme.  Amendments will also be necessary to the main legislation, in particular to remove reporting restrictions imposed by Parliament on the regulator.

The citizenship debate was also characteristed by the radical position taken by the Nationalist Party that, once back in office, it would not only take steps to scrap the new citizenship scheme but that it would, moreover, withdraw citizenship granted under the provisions of the scheme.

The Attorney General has advised the government that the PN’s proposal would be unconstitutional and would infringe human rights. Such advice was confirmed by the Dean of the Faculty of Law and by constitutional expert Ian Refalo.

The PN has declared that it is in receipt of legal advice reinforcing its position on the withdrawal of citizenship granted.

Whilst the Prime Minister has published the advice received from the Attorney General, the Leader of the Opposition has failed to follow suit. The Leader of the Opposition needs to be consistent. He cannot chastise the government for being secretive whilst simultaneously withholding important information from the public. It is not just the government which needs to be transparent.

The availability of both government and opposition to meet and discuss possible modifications to the citizenship scheme is welcome. Hopefully the wider national interest will prevail.

published in The Times Saturday, 23 November 2013

CHOGM 2015 : b’rispett lejn id-drittijiet tal-bniedem

Joseph Muscat with Mahinda Rajapakse .Sri Lanka Nov 2013 CHOGM 2013 Sri Lanka

Waqt il-laqgħa tal-Kapijiet tal-Commonwealth li saret il-ġimgħa l-oħra ġo Colombo fis-Sri Lanka sar magħruf li l-Mauritius irtira l-istedina tiegħu biex il-laqgħa li jmiss tal-Kapijiet tal-Gvern tal-pajjiżi membri tal-Commonwealth issir fil-Mauritius.

Malta fiċ-ċirkustanzi offriet li l-laqgħa issir ġo pajjiżna. L-istedina ġiet milqugħa.

Il-mistoqsija hi: għalfejn ġiet iritirat l-istedina tal-Mauritius biex dan il-pajjiż jorganizza ic-CHOGM (Commonwealth Heads of Government Meeting) fl-2015?

Ir-risposta issiba fil-media internazzjonali.

Il-Kapijiet tal-Gvern tal-Mauritius, il-Kanada u l-Indja ma marrux għas-Summit tac-CHOGM fis-Sri Lanka l-ġimgħa l-oħra minħabba l-qagħda tad-drittijiet tal-bniedem fil-pajjiż. Għalhekk ukoll il-Mauritius irtira l-istedina tiegħu  biex il-laqggħa taċ-CHOGM fl-2015 issir fil-Mauritius.

Il-Kummissarju Għoli tal-Ġnus Magħquda dwar id-Drittijiet tal-Bniedem Navi Pillay ilha minn Settembru tinsisti mal-Gvern ta’ Sri Lanka biex issir investigazzjoni serja dwar l-abbużi li seħħew fi Sri Lanka.

Il-Prim Ministru Ingliż David Cameron li l-ġimgħa l-oħra attenda għas-summit fi Sri Lanka ħa posizzjoni iebsa fuq ir-record tad-drittijiet tal-bniedem tal-Gvern tas-Sri Lanka.

Il-lista hi twila u tinkludi tortura, nies li nqatlu jew li sparixxew,  intimidazzjoni ta’ ġurnalisti,  stupru …..

F’diskors li għamel f’Colombo l-ġimgħa l-oħra David Cameron wissa’ li jekk is-Sri Lanka mhux ser tiċċaqlaq, ir-Renju Unit ikun kostrett li jitlob lill-Ġnus Magħquda biex tibda investigazzjoni.

F’dan il-kuntest minnflok ma appoġġat il-posizzjoni tal-Mauritius Malta offriet li tieħu postha u dan mingħajr l-ebda konsiderazzjoni għat-tkasbir tad-drittijiet tal-bniedem fis-Sri Lanka.

Ma nafx meta ser jasal iż-żmien li Malta jkollha politika barranija mibnija fuq il-valuri, fosthom tar-rispett lejn id-dinjita’ tal-bniedem.

Qed nippretendi wisq?

Ippubblika fuq iNews : it-Tlieta 19 ta’ Novembru 2013

The solidarity challenge

New Deal for Somalia

The boats and dinghies departing from the Libyan coast are a stiff challenge to the solidarity which Malta has traditionally  shown towards all those who required it.

The departures from the Libyan coast are controlled by criminal gangs who are cashing in on the suffering of men, women and children fleeing  from their countries for a multitude of reasons, seeking a better quality of life and fleeing persecution.

The boats and dinghies represent their future hopes. For some it has meant death. Battered by the rough seas some make it to their destination, the Italian mainland. Others end up on our shores.

The number of arrivals is on the rise. There is a limit to what this country can take. But the limit is a physical one as the duty to put solidarity in practice has no limits.

Malta always offered practical solidarity to those in distress as we have always felt that it is our duty to uphold the dignity of all human beings irrespective of their country of origin or race. Offering hospitality is not and should never be conditional on whether others help us in shouldering our responsibilities. We do it as a nation because it is the right thing to do.

There is so much more that Malta could do if we are assisted by our EU partners. So far there has been substantial assistance in monetary terms. This has been utilised to improve Malta’s rescue capabilities as well as in providing decent places where immigrants are housed. But this is certainly not enough.

There has been talk of looking towards the South.  Last Monday Prime Minister Joseph Muscat has also been involved in talks with the Italian Prime Minister Enrico Letta as the challenge we face is not just ours, it is a regional one.

The involvement of Libya is not without its problems. Libya, as also emphasisied by Prime Minister Letta on Monday, is not yet a signatory of the Geneva Convention  on the status of refugees. Human Rights, in addition, are not an area with which the Libyan state is familiar yet. Having secure Libyan borders just shifts the problem from the Mediterranean to Libyan soil.

The real solution lies much further south then Libya. It lies in the countries of origin of the boat people whom Malta and Italy have saved from the perils of the sea. Some are Somali, others are from Ethiopia, Eritreia or other countries.

65% of the 1890  boat people arriving in Malta in 2012 were Somali.

The European Union is in fact already acting in this direction. In collaboration with the government of Somalia the EU will shortly be convening an international conference to endorse a New Deal with Somalia that aims to develop a set of key priorities and support the reconstruction of Somalia over the next three years. It is the way that the international community makes good on its promises of support to the Somali people. The healing of the scars resulting from a long civil war takes considerable time.

Through the New Deal for Somalia the EU is assisting the reconstruction of Somalia, an essential prerequisite in creating the infrastructure which is necessary to ensure that all Somali citizens are protected and can partake of an adequate quality of life in their own country. Once the reconstruction of Somalia with EU assistance is in place there will be no further reason for large numbers of Somalis to flee their own country. Some will undoubtedly want to consider returning to take part in the transformation of Somalia, getting it ready to participate as an equal partner in the international family of nations.

Helping Somalia to help herself. This is EU solidarity at its best.

The EU has already helped in training Somali soldiers. It has also invested heavily in maritime security off the Somali coast contributing to a substantial reduction of piracy which has been of international concern for years.

The next steps will necessitate Somalia doing a deal with its global partners to clear its huge financial arrears and put in place international aid programmes to help establish the Somali government’s legitimacy.

The EU has been looking at long term solutions. Unfortunately it did not give sufficient attention to the short term problems which primarily Malta and Italy have been facing. The human suffering generated needs to be addressed immediately.

Malta and Italy should not be left on their own to manage  the impacts which have been generated by migration.  A common strategy to manage the extreme pressures caused by the seasonal increase in the arrival of asylum seekers in Southern Europe is essential  until such time that the long term measures which the EU has initiated in Somalia have the desired effect.

This is the solidarity challenge which the EU is facing. And the EU is not them. It is us as well.

Published in The Times of Malta, 20 July 2013 

Human Rights are not disposables

foam_disposables_cups

Human Rights are an essential cornerstone of democratic society. They are an integral and indispensable element of our democratic landscape. They are not disposable. We cannot do without them.

Being a savage blow struck against human rights, Joseph Muscat’s pushback of immigrants to Libya hence strikes at the very core of our democratic credentials.

During Malta’s short 50 year history as a democratic state we have had more than our fair share of political bullies who considered that human rights were shackling their political manoeuvres. We surely do not need any more.

The migration problem is certainly much greater than Malta can possibly handle on its own. Financial assistance from the EU has always been welcome but this can only be a small part of the solution. There are other  essential elements which have to be tackled.

Many EU member states have been reluctant to assist in the resettlement of these refugees. The EU institutions have not been forceful enough in translating solidarity declarations into practical initiatives. Pilot projects, now discontinued, are certainly not enough.

The root causes of the displacement of hundreds of thousands must be appropriately addressed. These include political instability, dictatorial governments and Climate Change impacts. The EU, on its own as well as in conjunction with regional and global institutions could do much more than has been done to date.

On a local level we need to move on from rhetoric to practical political action to tackle this issue of national importance. There is room for close political cooperation between the three political parties. This however must be based on an unconditional respect of human rights. It is the only way to combat the spectre of racism in Malta.

Common sense, solidarity and an end to the culture of indifference should be the foundation stones of a national strategy on immigration. It is the only way forward.

Jum iswed għal Malta

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Il-bieraħ kien jum iswed għal Malta. Il-bieraħ il-Gvern immexxi minn Joseph Muscat wera li d-drittijiet tal-bniedem għalih huma materja sekondarja. Il-push-back tal-immigranti lura lejn il-Libja li Joseph Muscat ried jagħmel kien żball kbir.

Anke jekk kienet gimmick ikkalkulata biex triegħed l-istituzzjonijiet din il-mossa ta’ Joseph Muscat wriet li ma hemmx apprezzament  tad-drittijiet tal-bniedem fost il-membri tal-Gvern immexxi minn Joseph Muscat, bih b’kollox.

Id-drittijiet tal-bniedem ma tiċċajtax bihom. Id-drittijiet tal-bniedem huma ta’ kull bniedem lil hinn minn razza jew kulur tal-ġilda u Joseph Muscat u l-Gvern tiegħu m’għandhomx dritt jilgħabu bihom. Imma hekk għamlu.

Fl-ewwel okkazjoni serja li kellu, Joseph Muscat wera li hu bniedem li l-valuri ta’ soċjeta’ demokratika, għalih u għall-Gvern tiegħu m’għandhomx daqstant relevanza.

Kien jum li fih il-Gvern ta’ Joseph Muscat rema’ l-baħar ir-reputazzjoni ta’ Malta bħala pajjiż fejn nirrispettaw il-liġijiet u d-doveri internazzjonali tagħna.

Joseph Muscat qal li hu jerfa’ r-responsabbilta’ kollha. Hu żbaljat, għax ir-responsabbilta’ ser tintrefa miċ-ċittadini kollha ta’ dan il-pajjiż għax pajjiżna (sfortunatament) minn issa l-quddiem ser ikun meqjus bħal wieħed li ma tistax tafdah. Pajjiż li ma tafx fejn inti miegħu. Pajjiż li fih id-drittijiet tiegħek ma jirriżultawx mil-liġi iżda mill-burdata tal-Gvern.

Għad irridu nħallsu biz-zalza għal dan il-jum u l-iżball kbir li għamel Joseph Muscat. Żball li m’hux ser jitħassar b’gomma.

Greening the Constitution

Chadwick Lakes 02

Alternattiva Demokratika – The Green Party –  is in agreement that 50 years after its adoption Malta’s Constitution needs to be updated.  However such an exercise, as emphasised in AD’s 2013 electoral manifesto, should be carried out with the direct involvement of civil society. The Constitution belongs to all of us.

There are a number of issues which require careful consideration. In AD’s 2013 electoral manifesto at least fourteen such issues are identified. They vary in scope from electoral reform to widening the issues in respect of which discrimination is prohibited, by including protection from discrimination on the basis of sexual orientation. AD also proposes the introduction of a Constitutional provision in favour of a balanced budget, thereby ensuring that government is forced to discard budget deficits and consequently to control the spiralling public debt.

One very important issue is the need to entrench environmental rights and duties in the Constitution. The proposed Constitutional Convention, supported by AD, should aim at Greening the Constitution. That is, it should aim at addressing environmental rights and duties such that they are spelled out in unequivocal terms.  Environmental rights and duties should as a minimum be spelled out as clearly as property rights in the Constitution. They are worthy of protection just as the rights of individual persons.

Article 9 of the Constitution very briefly states that “The State shall safeguard the landscape and the historical and artistic patrimony of the nation.”  Further, in article 21 of the Constitution we are informed that this (and other safeguards) “shall not be enforceable in a Court” but that this (safeguard) shall be “fundamental to the governance of the country” and that it shall be the aim of the State to apply it in making laws.

It is not conducive to good governance to first declare adherence to specifc safeguards, but then specifically excluding the Courts from ensuring that such safeguards are being observed.

The strategy of announcing principles but then not providing the legislative framework for their implementation was also taken up in environmental legislation. In fact articles 3 and 4 of the 2010 Environment and Development Planning Act  announce a whole list of sound environmental principles. However  in article 5 of the same Act it is then stated that these cannot be enforced in a Court of Law!

When I had the opportunity of discussing the Environment and Development Planning Bill with Mario de Marco (then Parliamentary Secretary responsible for Tourism and the Environment) I had proposed on behalf of the Greens that the declarations  in articles 3 and 4 of the Bill should not be just guiding principles. They ought to be made enforceable by our Courts subject to the introduction of  a suitable transition. Unfortunately Dr de Marco did not take up the Greens proposal.

As things stand today, article 3 of the Environment and Development Planning Act announces very pompously that the government,  as well as every person in Malta, has the duty to protect the environment. Furthermore it is announced that we are duty bound to assist in the taking of preventive and remedial measures to protect the environment and manage resources in a sustainable manner.

Article 4 goes further:  it  states that government is responsible towards present and future generations.  It then goes on to list ten principles which should guide government in its endeavours.  Integrating environmental concerns in decisions on socio-economic and other policies is first on the list. Addressing pollution and environmental degradation through the implementation of the polluter pays principle and the precautionary principle follows immediately after.  Cooperation with other governments and entities enshrines the maxim of “think global, act local” as Malta both affects and is affected by environmental impacts wherever they occur.  The fourth guiding principle is the need to disseminate environmental information whilst the fifth one underlines the need of research as a basic requirement of sound environment policy.  The waste management hierarchy is referred to in the sixth principle followed immediately by underlining the requirement to safeguard biological diversity and combatting all forms of pollution.  Article 4 ends by emphasising that the environment is the common heritage and common concern of mankind and underlines the need to provide incentives leading to a higher level of environmental protection.

Proclaiming guiding principles in our Constitution and environmental legislation is not enough. Our Courts should be empowered in order that they are able to ensure that these principles are actually translated into concrete action.   Government should be compelled to act on the basis of Maltese legislation as otherwise it will only act on environmental issues when and if forced to by the European Union as was evidenced in the past nine years.

Greening the Constitution by extending existing environmental provisions and ensuring that they can be implemented will certainly be one of the objectives of the Greens in the forthcoming Constitutional Convention.

published in the Times of Malta 18 May 2013

ILLUM : nuqqas ta’ spazju ?

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Fil-gazzetta Illum, ippubblikata illum il-Ħadd 12 ta’ Mejju 2013 ippubblikat kummenti għal mistoqsijiet li staqsiet lil diversi persuni dwar Joseph Muscat u Simon Busuttil.

Il-mistoqsijiet kienu dawn:

  1. Kif tħares lejn l-ewwel 50 jum ta’ Joseph Muscat?
  2. X’taħseb fuq l-għażla ta’ Simon Busuttil?

Jiena ġejt mitlub il-kummenti tiegħi li tajthom imma ma ġewx ippubblikati kif ippreżentajthom jiena.

Ma nafx jekk hux minħabba nuqqas ta’ spazju.

For the record il-kummenti tiegħi huma dawk riprodotti hawn taħt. Il-parti bl-aħmar tħalliet barra mill-pubblikazzjoni:

Dwar l-għażla ta’ Simon Busuttil bħala Kap tal-PN:

“Huwa biss iż-żmien li jagħtina parir dwar jekk l-elezzjoni ta’ Dr Simon Busuttil bħala Kap tal-PN iġibx bidla, kif ukoll x’tip ta’ bidla, fil-PN. Il-bidliet fil-PN għadhom għaddejjin u mhux magħruf x’ser tkun il-forma finali tagħhom.

Alternattiva Demokratika m’hiex ser toqgħod tispekula dwar x’jista’ jiġri.”

Dwar l-ewwel ħamsin jum tal-Gvern immexxi minn Joseph Muscat :

Fl-ewwel ħamsin jum il-Gvern ta’ Muscat għadu qiegħed jipprova jaġixxi ta’ Gvern, diversi drabi aġixxa ta’ partit politiku. F’ ta’ l-inqas erba’ sitwazzjonijiet aġixxa b’mod diviżiv meta kellu soluzzjonijiet alternattivi li long term kienu jagħtuh riżultati aħjar.

L-ewwel: il-grad ta’ Segretarju Permanenti fil-Ministeri jeżisti biex jassigura kontinwita’ b’mod partikolari meta jkun hemm bidla tal-Gvern. It-tneħħija tal-parti l-kbira tas-Segretarji Permanenti kien żball fl-ewwel ġranet tal-Gvern li seta ġie evitat. Il-parti l-kbira minnhom kienu ser jispiċċaw xorta matul it-18-il xahar li ġejjin, bl-eta. Li stenna ftit kienu jinbidlu xorta bil-kwiet probabilment fi żmien sena.

It-tieni : id-diskors li l-Gvern ħejja għall-President tar-Repubblika kien wieħed partiġġjan u ma għamel l-ebda ġid lill-kariga.

It-tielet: inevitabilment f’dawn il-ħamsin ġurnata saru ħafna ħatriet. Kien hemm diversi minnhom li kienu ta’ natura partiġjana, fl-istess stil tal-gvernijiet immexxija mill-PN.

Ir-raba’: il-ħatra ta’ Franco Debono bħala koordinatur tal-Konvenzjoni Kostituzzjonali kienet waħda diviżiva. Tali ħatra kella issir b’konsultazzjoni mas-socjeta ċivili.

Fost il-miżuri posittivi tal-Gvern hemm il-bidu tal-implementazzjoni tal-proposti elettorali dwar id-drittijiet tal-persuni LGBT  kif ukoll il-ftehim dwar il-kawża fil-Qorti Ewropea tad-Drittijiet tal-Bniedem minn Joanne Cassar liema ftehim ser iwassal għat-dritt ta’ persuna transgender li tiżżewweġ.  AD giet mistiedna u aċċettat li tipparteċipa fil-Kumitat Konsultattiv li qed iħejji l-proposti konkreti għad-drittijiet tal-persuni LGBT. Ġew nominati u diġa qed jieħdu sehem Angele Deguara u Collette Farrugia Bennett biex jirrapprezentaw lill-AD.

Fost il-miżuri negattivi hemm l-inkoraġġiment tal-kaċċa fir-rebbiegħa  u issa jidher li l-Gvern qed jikkunsidra li jesperimenta ukoll bl-insib minkejja li din hu pprojibit mid-Direttivi tal-Unjoni Ewropea kif ukoll skada il-perjodu transitorju stabilit mit-trattat ta’ adezjoni.

Snippets from AD’s electoral manifesto: (18) Sexual Orientation. Lesbians, Gays, Bisexuals and Transexuals (LGBT).

gay-pride-1009-1280x960

The following extract is taken verbatim from Chapter 15 of AD’s Electoral Manifesto

Sexual Orientation. Lesbians, Gays, Bisexuals and Transexuals (LGBT).

There should be full equality between same-sex couples and heterosexual couples in every aspect of life. The state should open the institution of civil marriage to same-sex couples and hence provide the same rights and obligations to all couples (irrespective of whether they are heterosexual or of the same sex).

Full equality should also be guaranteed, among others, for the right to IVF treatment and to adoption regardless of sexual orientation and civil status.

There should be a national human right and equality plan ensuring full inclusion of LGBT persons in Maltese society. This plan should be developed following a dialogue with the Maltese LGBT community.

There should be a constitutional amendment by means of which discrimination on the basis of sexual orientation and gender identity would be prohibited.

The state should immediately recognise the gender identity of persons who have assumed a new gender identity and this should be reflected in the person’s official documents such as identity card and passport. The state should allow these persons to marry.

Protocol 12 of the European Convention on Human Rights should be ratified, and Malta should take a more active role in the promotion of human rights of LGBT

L-Estratt segwenti hu mehud kelma b’kelma mill-Kapitlu 15 tal-Manifest Elettorali ta’ Alternattiva Demokratika

Orjentazzjoni Sesswali.Lesbjani, Gays, Bisesswaliu Transesswali (LGBT).

Għandu jkun hemm ugwaljanza sħiħa bejn koppji tal-istess sess u koppji eterosesswali f’kull aspett tal-hajja. L-istat għandu jiftaħ l-istituzzjoni taż-żwieg ċivili għall-koppji tal-istess sess u għaldaqstant jagħti l-istess drittijiet u obbligi lil kull koppja (kemm dawk eterosesswali kif ukoll dawk tal-istess sess).

Ugwaljanza sħiħa ghandha tkun garantita ukoll, fost oħrajn, għad-dritt għall- IVF u għall-adozzjoni, irrispettivament mill-orjentazzjoni sesswali u l-istat ċivili ta’ dak li jkun.

Għandu jkun hemm pjan nazzjonali għat-tisħiħ tad-drittijiet u l-promozzjoni tal-ugwaljanza tal-persuni LGBT f’kull qasam tal-ħajja. Dan il-pjan għandu jiġi żviluppat bi djalogu mal-komunita’ LGBT.

Għandu jkun hemm emenda fil-kostituzzjoni li permezz tagħha d-diskriminazzjoni fuq bażi ta’ orjentazzjoni sesswali u identita’ tal-generu tiġi ipprojbita.

L-istat għandu immedjatament jagħraf l-identita` tal-ġeneru ta’ persuni li jkunu assummew identita’ ġdida u din għandha tkun riflessa fid-dokumenti uffiċjali tal-persuna bħall-karta tal-identita` u l-passaport. L-istat ghandu jippermetti li dawn il-persuni jiżżewġu.

Għandu jiġi ratifikat Protokol 12 tal-Konvenzjoni Ewropea tad-Drittijiet tal-Bniedem u Malta għandha tieħu rwol aktar attiv fil-promozzjoni tad-drittijiet tal-persuni LGBT fuq livell internazzjonali.

Minor footnote to 1980s talks

Much has been written about the meetings between Dom Mintoff and Guido de Marco prior to 1987 on finding ways in which to solve the constitutional crisis resulting from the 1981 perverse electoral results.

During these meetings Mintoff and de Marco undoubtedly also discussed various other matters as they considered appropriate. At one point, I too formed part of their agenda.

It was early in October 1984 and I was carrying out duties of architect and civil engineer at the then Public Works Department. Called to the office of the director, I was informed that, in view of my articles published in newspapers of the Nationalist Party, my employment was being terminated forthwith.

Being without a job was further compounded by the fact that the then Labour government had also withheld my professional warrant.

I initiated human rights proceedings claiming that my right to freedom of expression and protection from discrimination on political grounds had been breached by the Director of Public Works and his minister, Lorry Sant.

The first session of the court case was fixed for early November 1984. Witnesses were heard and submissions made.

Some time in April or May 1985, de Marco called to tell me that he had a message for me from Mintoff. My dismissal from the Public Works Department had cropped up in one of his meetings with Mintoff who had suggested that he would be prepared to take me on board as a civil engineer on the Freeport project, then under his wings and in its early stages.

However, this proposal was subject to the conditions that I had to halt legal proceedings against Sant and, in addition, I had to bind myself not to write any more articles in newspapers.

My response was a clear no.

We met a second time at the request of de Marco, presumably as Mintoff was pressing for an answer. But I did not budge. In view of my refusal, the message was relayed through two alternative routes. De Marco had asked two high-ranking PN officials to persuade me to compromise. Fortunately, they fully understood my position and did not press the matter any further.

On June 27, 1985, just weeks after receiving Mintoff’s message, the case was decided by Mr Justice Joseph Filletti. He concluded that my freedom of expression and my right not to be discriminated against on political grounds were breached by the Director of Public Works. The director, the court ruled, had to shoulder administrative responsibility for the happenings in his department on his own.

Mr Justice Filletti had exonerated the minister!

Subsequent to Mr Justice Filletti’s decision I received a phone call that a senior army officer attached to Mintoff’s office at Kalafrana wanted to speak to me.

I clearly remember that it was an August afternoon in 1985 when I called at his office. This army officer, eventually a colonel, told me that I should not count my chickens yet because, while I had a favourable first decision from the law courts, it was inevitable that it would be reversed on appeal.

He prodded me to accept Mintoff’s proposal and stop legal proceedings. I told the colonel that I had already refused the proposal and that I had no intention of changing my mind.

In the meantime, the Constitutional Court had fixed dates for hearings of the appeals submitted. I myself had submitted an appeal because, in my view, the minister should have been found responsible together with the director for breach of human rights. Proof had been submitted that the instructions for my dismissal had been issued by the minister himself.

The Constitutional Court decided the case on January 29, 1986. It concluded that Sant had, in fact, issued the instructions for my dismissal himself. It further acknowledged that proof of the minister’s direct involvement had been submitted through the evidence of various witnesses.

The Constitutional Court decided that both Sant and the director were responsible for political discrimination.

As to freedom of expression, the Constitutional Court reversed the first court’s decision and concluded that those in public employment sign away their rights of freedom of expression. By accepting public employment, the Constitutional Court held that you renounce your freedom of expression.

As it turned out, it seems that the colonel was most probably bluffing after all.

It was clear to me that Mintoff was trying to find a way out for Sant.

When my name cropped up in the de Marco-Mintoff talks it seems that I was considered as a pawn that could be easily sacrificed in the quest for the larger prize.

Fortunately, matters developed differently in this minor footnote to the de Marco/Mintoff talks.

published in The Times (Malta) 8th September 2012