40/17 Report of the Working Group on the Universal Periodic Review - Malta

GE.18-22170(E)



Human Rights Council Fortieth session

25 February–22 March 2019

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Malta

* The annex is being circulated without formal editing, in the language of submission only.

United Nations A/HRC/40/17

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its thirty-first session from 5 to 16

November 2018. The review of Malta was held at the 16th meeting, on 14 November 2018.

The delegation of Malta was headed by the Minister for European Affairs and Equality,

Helena Dalli. At its 18th meeting, held on 16 November 2018, the Working Group adopted

the report on Malta.

2. On 10 January 2018, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Malta: Ethiopia, Iraq and Switzerland.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Malta:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/31/MLT/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/31/MLT/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/31/MLT/3).

4. A list of questions prepared in advance by Belgium, Brazil, Portugal, on behalf of

the Group of Friends on national implementation, reporting and follow-up, Slovenia,

Sweden and the United Kingdom of Great Britain and Northern Ireland was transmitted to

Malta through the troika. These questions are available on the website of the universal

periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The head of the delegation of Malta emphasized the importance of the universal

periodic review in assessing the human rights records of all Member States in order to

improve the protection of such rights. She expressed the commitment of Malta towards the

promulgation of human rights and equality across all of Maltese society and beyond.

6. The delegation highlighted the efforts of Malta to enhance social dialogue and

transparency, inter alia, by setting up minority consultative councils and including civil

society representatives in several processes, such as the Open Government Partnership, the

Malta Council for Economic and Social Development and the Malta-European Union

Steering and Action Committee.

7. Malta was strongly committed to the universal periodic review mechanism. The

recommendations from the second review cycle had been built upon, as had been noted in

its national report. Malta had made huge strides forward in enacting legislation

guaranteeing social and political rights since 2013, for example in the areas of family law,

gender recognition, marriage equality, women’s rights, measures against gender-based and

domestic violence, access to assisted reproductive technology, minority rights and child

protection.

8. Malta had been shocked by the assassination of the journalist Daphne Caruana

Galizia in 2017. The Government remained committed to elucidating that vile crime.

Investigations had started immediately in collaboration with key international institutions.

Three persons had been charged within 49 days, and judicial proceedings were under way.

The Government had pursued investigations to identify those who had commissioned the

murder of the journalist.

9. Maltese laws on libel and slander had been improved through the Media and

Defamation Act (2018). The Act strengthened the right to freedom of expression through

the abolition of criminal libel, the introduction of the new civil tort of slander, and the

regulation of web-based news and current affairs services.

10. In 2013, Malta had enacted the Protection of the Whistle-blower Act foreseeing

extensive protection for whistle-blowers in employer-employee or employer-contractor

relations. Journalistic freedoms and the protection of journalists’ sources were guaranteed

by the Act. The Act provided extensive guarantees, including immunity from legal

proceedings. Actions such as threats, intimidation and harassment were criminal offences

under the Act.

11. Malta had made efforts to strengthen the rule of law, including through improved

party financing legislation and the establishment of the Office of the Commissioner for

Standards in Public Life and a parliamentary committee to scrutinize senior public

appointees.

12. The constitutional reform in the justice sector in 2016 had significantly strengthened

the independence and efficiency of the judiciary. The three pillars of the reform were

transparency in the appointment of magistrates and judges, accountability of the judiciary,

and improved working conditions for members of the judiciary.

13. Malta had continued to receive a significant number of first-time asylum

applications and remained at the forefront of protecting the rights of asylum seekers and

refugees. Malta had enacted legislation barring the detention of children while providing

the necessary assistance to unaccompanied minors. Furthermore, it had provided for legal

assistance to asylum seekers regardless of age.

14. In 2015, Malta had launched a strategy in line with the European Union Reception

Conditions Directive, establishing a reception system based on three different stages of

accommodation for asylum seekers and irregular migrants, namely initial reception centres,

closed detention centres and open centres. The Human Rights and Integration Directorate of

the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties had been set up in

2015 to make progress, inter alia, in the integration and protection of the rights of

minorities.

15. In 2017, Malta had set up the Council for Women’s Rights with the aim of

strengthening the dialogue between the Government and civil society on gender equality

and mainstreaming equality in all aspects of governmental processes. Malta had ratified the

Council of Europe Convention on Preventing and Combating Violence against Women and

Domestic Violence (the Istanbul Convention), which had been transposed into national

legislation. The Government had also launched the Gender-based Violence and Domestic

Violence Strategy with the aim of ensuring that legislation, policies and services

comprehensively addressed the needs of victims. The Strategy and its corresponding action

plan were a renewed call to members of society, particularly men and boys, to change their

attitudes towards greater equality and gender stereotypes.

16. The Government was implementing two projects to strengthen multisectoral and

multidisciplinary cooperation in dealing with violence against women and gender-based

violence, to introduce training programmes and a manual of procedures for those in contact

with potential victims and to address violence against migrant women, lesbian, bisexual,

transgender, intersex and queer/questioning women and women with disabilities.

17. The employment rate of women had increased from 47 per cent in 2014 to 60 per

cent in 2018, due to governmental efforts to combat gender stereotypes and empower

women. The Government had also introduced greater transparency into employment

contracts to address the gender pay gap and free childcare services to parents or guardians

who were in employment or pursuing their education to help them achieve a better work-

life balance.

18. The delegation reiterated the commitment of the Government to promote sexual and

reproductive health and to protect the right of women to have control over and decide freely

on matters related to their sexuality, and the timing, number and spacing of children, free

from coercion, discrimination and violence. Notwithstanding that, abortion remained illegal.

19. Due to recent changes, same-sex couples and single women had the same right as

heterosexual couples to access assisted reproductive technologies. Furthermore, legislative

changes enabled couples using medically assisted procreation technology to have up to 100

hours of paid leave.

20. From marriage equality to gender-neutral markers, the progress registered by Malta

concerning the rights of lesbian, gay, bisexual, transgender, intersex and queer/questioning

individuals had been praised by OHCHR. Malta remained a leading European country in

protecting the rights of lesbian, gay, bisexual, transgender, intersex and queer/questioning

persons in the areas of equality and non-discrimination, family affairs, hate crimes and hate

speech, legal gender recognition and bodily integrity, civil society space and asylum.

Moreover, Parliament had debated the matter extensively during the adoption of the Civil

Unions Act (2014), the Gender Identity Gender Expression and Sex Characteristics Act

(2015), the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act

(2016) and the Marriage Equality Act (2017).

21. All couples enjoyed the same rights in Malta. No one was barred from adopting a

child simply because of his or her personal characteristics, and all individuals enjoyed the

right to the recognition of his or her gender identity. Additionally, policies had been put in

place to ensure inclusive education and a safe school environment for transgender, gender-

variant and intersex students.

22. The protection of the rights of the child remained a priority on the human rights

agenda of Malta, and the Government was placing greater emphasis on the physical and

mental well-being of children, in particular those in vulnerable situations. As part of those

efforts, Malta had enacted the Child Protection (Alternative Care) Act (2017). The Act

catered for a review of the childcare system, providing, inter alia, for children’s protection

during judicial proceedings, including the availability of children’s advocates.

23. Regarding the rights of persons with disabilities, Malta followed a two-pronged

approach of empowerment and protection. Noteworthy legislative instruments were the

Equal Opportunities (Persons with Disability) Act (2000) and other disability-specific

legislation, such as the Maltese Sign Language Recognition Act (2016) and the Persons

within the Autism Spectrum (Empowerment) Act (2016). Furthermore, the Government

had launched the National Policy on the Rights of Persons with Disability in 2014, after

convening the Fair Society Action Council, composed of persons with disabilities,

academics and civil society stakeholders. Malta had also been finalizing its National

Disability Strategy.

24. The Commission for the Rights of Persons with Disability had been formally

designated as the independent monitoring mechanism, in accordance with the requirements

of the Convention on the Rights of Persons with Disabilities. The Commission had a

mandate, inter alia, to assess whether public places were accessible to all and to vet

planning applications towards that end.

25. Malta intended to establish a national human rights institution. Malta had finalized

an Equality Bill and a Human Rights and Equality Commission Bill in close consultation

with national stakeholders and international partners.

B. Interactive dialogue and responses by the State under review

26. During the interactive dialogue, 64 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

27. Uganda commended Malta for various initiatives taken to improve the human rights

situation since its second review cycle, in particular the rights of persons with disabilities.

28. Ukraine commended Malta for its achievements in combating domestic violence and

promoting gender equality. It encouraged Malta to continue its efforts to safeguard and

promote human rights and to raise awareness of them through education.

29. The United Kingdom welcomed the progress in combating discrimination and

encouraged Malta to establish the National Human Rights and Equality Commission in

accordance with the principles relating to the status of national institutions for the

promotion and protection of human rights (the Paris Principles). It noted advances in

judicial reform and urged Malta to give further attention to the slowness of judicial progress.

30. The United States of America commended the Media and Defamation Act,

abolishing criminal libel. It encouraged Malta to address terrorist financing, money-

laundering and corruption in banking supervision. It noted that the ongoing investigation of

the murder of the journalist Daphne Caruana Galizia had revealed challenges to the rule of

law.

31. Uruguay welcomed the progress made in protecting the rights of migrants, refugees

and asylum seekers, particularly in the treatment of unaccompanied minors, migrant

families with children and pregnant women. It commended Malta for the legislative

measures taken to combat discrimination based on sexual orientation and gender identity.

32. The Bolivarian Republic of Venezuela commended Malta for the progress made in

the protection of the rights of children and persons with disabilities, ensuring equality,

including gender equality, in public and political life, and combating discrimination and

racism. It noted the efforts of the Government to establish a national human rights

institution.

33. Viet Nam noted with appreciation the progress achieved in protecting and promoting

human rights since the second review cycle, in particular the rights of women, children and

persons with disabilities.

34. Afghanistan commended the efforts of the Government in combating trafficking in

persons, including through the development of victim assistance services, the training of

government officials, public awareness-raising initiatives and the establishment of a

national referral mechanism.

35. Albania welcomed the legislative measures taken to protect the rights of children,

women and persons with disabilities. It commended Malta for the reforms to the justice

sector, including reinforcement of the independence and impartiality of the judiciary, and

for the project to decriminalize defamation. It inquired about the measures taken to protect

the safety of journalists.

36. Algeria noted with appreciation the efforts of the Government to protect and

promote human rights. It encouraged Malta to establish a national human rights institution

in accordance with the Paris Principles and to make further efforts to fully protect

individuals from all forms of discrimination.

37. Argentina noted with appreciation the ratification of the International Convention

for the Protection of All Persons from Enforced Disappearance.

38. Australia welcomed the efforts made to enhance the rights of lesbian, gay, bisexual,

transgender and intersex persons and increase female participation in the workforce. It

commended Malta on the adoption of a strategy and law on gender-based violence and

domestic violence. It encouraged Malta to incentivize female workforce participation and to

strengthen the representation of women in leadership and management positions and to

focus on care for older persons.

39. Austria commended Malta for ratifying the Istanbul Convention and the progress

made in protecting the rights of lesbian, gay, bisexual, transgender and intersex persons. It

was concerned about the killing of the journalist Daphne Caruana Galizia and asked about

the measures taken to ensure the safety of journalists and their protection from threats,

intimidation and violence.

40. Belarus noted the ratification of a number of human rights treaties and the

implementation of a national action plan on trafficking in persons. It noted its concerns in

relation to the manifestations of racism and xenophobia against migrants and the detention

of irregular migrants, and detainees’ access to a lawyer and their unsatisfactory conditions

of detention.

41. Belgium congratulated Malta for the integration of persons with disabilities and for

successfully promoting and protecting the rights of lesbian, gay, bisexual, transgender and

intersex persons. It expressed concern about traditional stereotypes and the lack of progress

on gender equality.

42. Botswana commended Malta for its ratification of the Istanbul Convention and for

its efforts to establish a national human rights institution. It noted, however, the challenges

in addressing racism, gender equality and trafficking in persons.

43. Brazil commended Malta for its achievements in the areas of social inclusion,

poverty reduction and access to education and for adopting laws to combat violence and

discrimination based on sexual orientation and gender identity, including legalizing same-

sex marriage and protecting the right of transgender persons to their gender identity.

44. Bulgaria commended Malta for its commitment to promote the representation of

women in political and public life. It noted the adoption of the Child Protection (Alternative

Care) Act and the National Children’s Policy. It noted several measures taken by Malta to

protect the rights of persons with disabilities, including the adoption of legislation to ensure

their inclusion in the governing bodies of public entities.

45. Cameroon noted with appreciation the commitment of Malta to support the United

Nations instruments related to the protection and promotion of human rights.

46. Canada welcomed the steps taken by Malta to protect and strengthen the rights of

lesbian, gay, bisexual, transgender and intersex persons and the adoption of a number of

laws, strategies and policies, particularly with regard to the rights of women and migrants.

47. Chile welcomed the ratification of various human rights treaties. It urged Malta to

establish a national human rights institution in accordance with the Paris Principles. It

expressed concern about persisting violence against and racial discrimination of migrants.

48. China commended Malta for its commitment to safeguard the human rights of its

people, adopt measures against discrimination, racism and trafficking in persons, protect

the rights of vulnerable groups, including women, children and persons with disabilities,

and promote gender equality and social inclusiveness.

49. Costa Rica noted the commitment of the Government to combat violence against

women and trafficking in persons and to protect the rights of migrants, refugees and asylum

seekers. It urged Malta to continue those efforts. It was concerned about the lack of

progress in dealing with statelessness and the low participation rate of women in public life

and senior decision-making positions.

50. Côte d’Ivoire welcomed the efforts of the Government to improve the situation of

human rights and strengthen the normative and institutional framework. It encouraged

Malta to continue its reforms aimed at improving the situation of women, children and

migrants.

51. Croatia welcomed the adoption of the National Strategic Policy for Poverty

Reduction and Social Inclusion for 2014 to 2024. It concurred with the observations of the

Human Rights Committee that further efforts should be made to prosecute the perpetrators

of violence against women and children.

52. Cyprus commended Malta for its efforts to promote gender equality and enhance the

participation of women in the labour market and public life. It also welcomed the

ratification of the Convention on the Prevention and Punishment of the Crime of Genocide.

53. Czechia welcomed the measures taken to improve the treatment of prisoners and

detainees and to strengthen the independence, impartiality and transparency of the judicial

system through constitutional amendments. It encouraged Malta to continue those efforts.

54. Denmark commended the efforts of Malta to protect freedom of expression,

including the adoption of the new Media and Defamation Act. It was concerned, however,

about the state of media freedom and the safety of journalists, in the light of the

assassination of the investigative journalist Daphne Caruana Galizia.

55. Egypt commended Malta for its continued efforts to promote and protect human

rights. It welcomed the efforts of Malta to protect the rights of refugees and asylum seekers,

in particular refraining from the detention of children and women.

56. Finland noted the remaining challenges in the area of sexual and reproductive health

and rights and encouraged Malta to take further action in that regard. It also expressed

concern about the freedoms of expression and the media, the justice system and ensuring

the rule of law and good governance.

57. France welcomed the implementation of a number of recommendations from the

second review cycle, in particular the ratification of the International Convention on the

Protection of All Persons from Enforced Disappearance.

58. Georgia commended Malta for its ratification of the Istanbul Convention. It also

welcomed the measures taken to prevent trafficking in persons for the purpose of labour

exploitation.

59. Germany commended Malta for the introduction of same-sex marriage in July 2017.

Germany expressed concern that there was no explicit prohibition on the recruitment of

children under the age of 15 years in the Armed Forces in Malta.

60. Greece commended Malta for its ratification of the Istanbul Convention, the

initiatives to encourage women to enter or remain in the labour market and the enactment of

the Civil Unions Act, granting same-sex couples in a civil union the same rights as

heterosexual married couples.

61. The delegation of Malta provided responses to a number of questions posed by

Member States. Regarding the rights of women and sexual and reproductive health and

rights, the Government had carried out awareness-raising campaigns on health, sexuality

and relationship education since 2013. Malta had licensed the sale of emergency

contraception without medical prescription.

62. Regarding questions on the representation of women in decision-making roles,

women constituted 15 per cent of members of Parliament and half of the country’s

representatives within the European Parliament. The President of Malta was a woman. The

delegation expressed the commitment of Malta to promote gender-balanced representation

in the public arena. The 2017 government programme had included positive measures to

increase the participation rate of women in Parliament, and national discussions had been

launched to introduce gender equality targets. The Government would publish a green

paper on the constitutional amendments to be introduced into Parliament.

63. The Government had been considering legal amendments to allow ratification of the

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination

against Women and the withdrawal of some of its reservations to the Convention. However,

Malta would retain its reservation to article 16 of the Convention.

64. As regards the fight against corruption, money-laundering and financial crimes, the

constitutional reforms to the justice sector in 2016 had strengthened the independence of

the judiciary. In addition, Malta had had a robust regulatory framework since 1994 and a

legal framework for the banking sector since 1968.

65. Malta had increased the financial allocations and human resources of the Financial

Intelligence Analysis Unit in order to strengthen its supervisory role in mitigating the risks

associated with money-laundering and the financing of terrorism. The Unit had been

operating in accordance with the recommendations of the Financial Action Task Force. The

Prevention of Money-Laundering Act (1994) provided guarantees for the independence of

the Financial Intelligence Analysis Unit and extensive powers to investigate. The Unit had

also been mandated to ensure compliance with anti-money laundering laws through the

imposition of considerable fines.

66. Furthermore, Malta had transposed the European Union anti-money-laundering

directives into national law, and was continuously discussing with the European

Commission the issue of how to improve its legal framework.

67. The Government was actively working to save thousands of migrants at sea and to

protect their rights. The Armed Forces of Malta, which were responsible for maritime

search and rescue, had been guided by the provisions of international law. Meanwhile, the

Agency for the Welfare of Asylum Seekers had been providing material support and

accommodation to asylum seekers.

68. Additionally, asylum seekers were entitled to receive emergency health care and

medical treatment. Malta had transposed the European Union Reception Conditions

Directive into national law, which ensured the protection of family life and access to legal

advisers and representatives of the Office of the United Nations High Commissioner for

Refugees. The legislation also provided asylum seekers with the right to access the labour

market after a period of nine months, as long as they had retained their status. With the

adoption of the country’s Migrant Integration Strategy, asylum seekers could present an

integration request, prior to the determination of their application.

69. Malta had already implemented certain provisions of the Convention relating to the

Status of Stateless Persons, including those intended to prevent and address the

statelessness of abandoned children. At the same time, the Government was considering the

possibility of ratifying the Convention.

70. The Directorate for Human Rights and Integration, which had been set up in 2015,

had been designated as the national mechanism to coordinate the implementation of the

recommendations from the universal periodic review. The Directorate had cooperated with

civil society organizations on issues relating to human rights.

71. The Gender-based Violence and Domestic Violence Act (2018) had strengthened

legal provisions criminalizing trafficking, forced prostitution and sexual exploitation. The

budget allocations to combat trafficking in persons and assist the victims of exploitation

had been increased. One of the new projects that had been financed focused on raising

public awareness to prevent trafficking in persons. A second project aimed at providing

support to victims of trafficking in persons and reducing the chances of being re-trafficked.

Additionally, cooperation between civil society and the Government had been strengthened

through consultation processes.

72. As for mental health services, Malta would spend 30 million euros to build a new

psychiatric facility and refurbish the current psychiatric hospital. Mental health had been

identified as a priority area in the National Health Strategy 2020–2030. Moreover, the

World Health Organization had provided technical assistance to draft the mental health plan.

73. Malta was striving to improve its justice sector. The number of pending cases before

the Civil Court, Criminal (Superior) Court and Family Court had reduced and the clearance

rate for criminal cases had increased. A new commercial section within the Civil Court had

recently started functioning.

74. Following a long consultation process with national, regional and international

stakeholders, Malta was close to initiating parliamentary discussions on the establishment

of a national human rights institution. In that connection, the Human Rights and Equality

Commission Bill had envisaged the establishment of a national institution to protect human

rights, and investigate and issue binding decisions on alleged human rights violations. It

would act as an independent and impartial body, in full accordance with the Paris Principles

and the European Union’s legislation on equality.

75. The Holy See acknowledged the efforts of the Government to combat every form of

violence and to foster a family-friendly environment in the workplace. It also welcomed the

efforts made to provide humanitarian assistance to migrants and refugees who continued to

pass through Malta.

76. Hungary commended Malta for carrying out the preparatory work for the

establishment of a national human rights institution. Hungary also commended Malta for its

efforts to strengthen its legislation on equality.

77. Iceland commended Malta for the decision of its Parliament to approve legislation

on marriage equality, extending full marriage rights to same-sex couples. It noted that

Malta had been a strong supporter and advocate of the rights of lesbian, gay, bisexual,

transgender and intersex persons during the previous few years.

78. Indonesia noted with satisfaction the efforts of the Government to guarantee

fundamental freedoms and the right to participate in public and political life. It welcomed

the approval of the Fourth National Action Plan on Combating Trafficking in Persons and

the establishment of the Council for Women’s Rights in 2017.

79. Iraq welcomed the policies and programmes of the Government to promote and

protect human rights, including a plan to implement the recommendations from the

previous review cycle.

80. Ireland welcomed the steps taken by the Government to amend the anti-

discrimination legal framework in order to include sexual orientation, gender identity and

religion as prohibited grounds for discrimination. It noted with appreciation the

commitment of the Government to take measures to combat trafficking in persons and

provide assistance to the victims.

81. Italy commended Malta for ratifying the Istanbul Convention and for its efforts to

eradicate gender discrimination through awareness-raising campaigns in the education field,

promote gender equality in employment and uphold the rights and dignity of persons with

disabilities through equal opportunities.

82. Japan welcomed the efforts made by Malta to combat violence against women,

including through the ratification of the Istanbul Convention. It noted with appreciation the

ratification of the International Convention for the Protection of All Persons from Enforced

Disappearance.

83. Jordan commended Malta for the steps it had taken to implement the

recommendations from the previous review cycle and to establish a national human rights

institution in accordance with the Paris Principles, as well as the legislative reforms enacted

to integrate the international treaties to which Malta was a party.

84. The Lao People’s Democratic Republic commended Malta for making good

progress in implementing the recommendations from the previous review cycle, including

those relevant to the rights of children, women and persons with disabilities.

85. Libya commended Malta for the efforts it had made to implement the

recommendations from the previous review cycle, particularly those aimed at strengthening

the protection of the rights of women and children and the health and education sectors, and

for its cooperation with the international human rights mechanisms.

86. Maldives commended Malta for the efforts it had made to promote and protect the

rights of persons with disabilities through the national policy on the rights of persons with

disabilities and the Persons with Disabilities (Employment) Act.

87. Mexico noted the establishment of the Council for Women’s Rights, which aimed at

integrating equality in all government processes, the ratification of Protocol No. 12 to the

Convention for the Protection of Human Rights and Fundamental Freedoms (European

Convention on Human Rights) and the entry into force of the amendments to the Persons

with Disabilities (Employment) Act.

88. Montenegro commended Malta for strengthening its national normative framework

for human rights. It encouraged Malta to make further progress in setting up a national

human rights institution in accordance with the Paris Principles. It noted the ratification by

Malta of the Istanbul Convention and the measures it had taken to bring its legislation into

line with the provisions of the Convention.

89. Nepal noted with appreciation the implementation of the National Strategic Policy

for Poverty Reduction and for Social Inclusion using a human rights-based approach to

achieve socioeconomic development. It also noted the measures taken to prevent and

combat violence against women and domestic violence and to uphold the rights of children.

90. The Netherlands commended Malta for its legislative measures to ensure the rights

of lesbian, gay, bisexual, transgender and intersex persons and for its commitment to

establish an independent human rights institution. It expressed concern about the safety of

journalists. It regretted that abortion remained a criminal offence, under all circumstances.

91. The Philippines commended Malta for taking legislative measures aimed at

protecting human rights and for its efforts to promote the participation of women in

political life and gender equality in employment; as well as its enhancement of the

safeguards against trafficking in persons through the adoption of a national action plan.

92. Portugal commended Malta for ratifying Protocol No. 12 to the European

Convention on Human Rights in 2015 and for amending its legal framework against

discrimination to introduce religion, sexual orientation and gender identity as prohibited

grounds for discrimination. It also commended the efforts made to protect the rights of

migrants.

93. The Republic of Korea noted with appreciation the amendments to the Criminal

Code aimed at prohibiting corporal punishment of children and increasing the age of

criminal responsibility from 9 to 14 years. It welcomed the criminalization of female

genital mutilation.

94. The Republic of Moldova noted the progress made in promoting gender equality,

combating discrimination and gender-based violence and improving the child protection

framework. In particular, it welcomed the adoption of the Gender-based Violence and

Domestic Violence Act, the establishment of the Council for Women’s Rights and the

adoption of the Child Protection (Alternative Care) Act, at the centre of which were the

child’s best interests.

95. Romania commended Malta for its commitment to the promotion and protection of

human rights and for its constructive engagement with the universal periodic review

mechanism. It noted the progress made by the Government in the protection of human

rights since the second review cycle.

96. Senegal welcomed the progress made by Malta in implementing the

recommendations from the second review cycle. It noted that the institutional and

administrative reforms carried out by the Government since 2012 had consolidated respect

for civil and political rights.

97. Serbia commended Malta for its efforts and achievements since the previous review

cycle and for its constructive approach and open dialogue with the United Nations human

rights mechanisms.

98. Singapore welcomed the efforts of the Government to promote the rights of women

and gender equality, particularly through the Council for Women’s Rights, the free

childcare scheme and the extension of paternity leave for civil servants. It commended

Malta for its efforts to combat trafficking in persons and noted the adoption of the Fourth

National Action Plan on Combating Trafficking in Persons.

99. Slovenia was concerned that the investigation into the assassination of Daphne

Caruana Galizia had not managed to find those who had commissioned the killing of the

journalist. It noted with appreciation the ratification of the Istanbul Convention and the

legislative changes made to the mandate of the existing national human rights institution in

order to bring it into line with the Paris Principles.

100. Spain welcomed the efforts made by Malta to eradicate the stereotypes about

migrants and combat discrimination against them. It hailed the adoption of the Media and

Defamation Act. It appreciated the fact that the age of criminal responsibility had been

increased from 9 to 14 years.

101. The State of Palestine welcomed the steps taken by Malta to combat discrimination,

including through the extension of the mandate of the National Human Rights and Equality

Commission and the Strategy for the Reception of Asylum Seekers and Irregular Migrants.

102. Sweden congratulated Malta for the adoption of a law on the rights of lesbian, gay,

bisexual, transgender and intersex persons, the steps taken to ensure sexual and

reproductive health and rights and the strategy to strengthen the integration of migrants. It

noted that the recent murder of the journalist Daphne Caruana Galizia had revealed the

risks related to the investigation of corruption, money-laundering and organized crime.

103. Switzerland welcomed the legal amendments made to recognize the rights of lesbian,

gay, bisexual, transgender and intersex persons, including the legal recognition of

partnerships between same-sex couples. It noted with concern that the murder of Daphne

Caruana Galizia questioned the status of freedom of expression in Malta, particularly press

freedom.

104. Tunisia welcomed the efforts made by Malta to strengthen its legal and institutional

framework, to expand the powers of the National Human Rights and Equality Commission

and to ratify various international human rights instruments, particularly the Istanbul

Convention.

105. The delegation of Malta thanked Member States for putting forward questions and

recommendations during the interactive dialogue. The Government was determined to

accept as many recommendations as it was in a position to do in order to improve further

the living standards and quality of life of its citizens.

106. Malta had made significant progress due to the ratification of various human rights

instruments and its membership of the United Nations, the Council of Europe and the

European Union. The Government would continue to build on those achievements.

107. The retrospective assessment of the previous reviews had demonstrated that Malta

had made progress in many areas, notably in the protection of the rights of minorities and

women. The Government had introduced cohabitation rights, civil unions and marriage

equality for all couples, regardless of gender or sexual identity. The right to family life and

equal adoption had been extended to single persons.

108. Furthermore, Malta had made efforts to ensure that persons with disabilities were

able to live independently and to promote their inclusion in the labour market. To ensure

the economic independence of women, measures had been taken to facilitate employment

or re-entry to the labour market. Malta had opened up to foreigners and had continued to

honour its obligations towards refugees and persons enjoying subsidiary protection.

Progress had also been made in the protection of the rights of women and persons with

disabilities.

109. In conclusion, it was imperative for the Government to continue its efforts to

strengthen national institutions, increase collaboration with civil society and widen social

dialogue. Human rights should be mainstreamed across all policies and practices and serve

as the main reference point for all future reforms.

II. Conclusions and/or recommendations

110. The recommendations formulated during the interactive dialogue/listed below

have been examined by Malta and enjoy the support of Malta:

110.1 Bolster cooperation with the United Nations treaty bodies (Senegal);

110.2 Intensify efforts to establish a national human rights institution, in

accordance with the Paris Principles (Uganda);

110.3 Establish a consolidated national institution with broad competence

in the field of human rights, in accordance with the Paris Principles (Ukraine);

110.4 Establish a national human rights institution, in accordance with the

Paris Principles (Cameroon);

110.5 Establish a national human rights institution, in accordance with the

Paris Principles (Spain);

110.6 Establish, in full conformity with the Paris Principles, an independent

national human rights institution (Finland);

110.7 Move towards the creation of a national institution with broad

competence in the field of human rights (Chile);

110.8 Accelerate internal processes for the establishment of a national

institution for human rights, in accordance with the Paris Principles, as

recommended previously (Costa Rica);

110.9 Consider further necessary steps to establish a national human rights

institution, in accordance with the Paris Principles (Nepal);

110.10 Adopt the law on the establishment of the national human rights

institution (Hungary);

110.11 Strengthen efforts in establishing a national human rights institution,

in accordance with the Paris Principles (Indonesia);

110.12 Establish a national human rights institution as an independent body

in full conformity with the Paris Principles (Ireland);

110.13 Establish a consolidated national institution with broad competence

in the field of human rights, in accordance with the Paris Principles (Portugal);

110.14 Establish a dedicated national human rights institution, in

accordance with the Paris Principles (Republic of Korea);

110.15 Establish a body responsible for the promotion and protection of

human rights, including the right to equal treatment (Greece);

110.16 Further guarantee the rights of groups, including migrants, women,

children and persons with disabilities (China);

110.17 Ensure that, in the future, a consultative process for the drafting of

the national report for the universal periodic review is established, and that

meetings with civil society are organized in order to evaluate the outcomes of

the review (Finland);

110.18 Provide consultations with civil society organizations during the

process of implementing the recommendations from the current review cycle

and the drafting process of the report for the next cycle (Slovenia);

110.19 Continue to work towards streamlining and strengthening equality

by prohibiting discrimination in various spheres of life (Greece);

110.20 Increase awareness on equality and non-discrimination, particularly

against persons in vulnerable situations, such as migrants, through the

provision of training and programmes to relevant stakeholders (Egypt);

110.21 Continue to promote public awareness-raising campaigns and

provide adequate training for public officials on the right to equality and non-

discrimination (Bolivarian Republic of Venezuela);

110.22 Introduce further effective measures to combat inequalities and

uphold sustainable development (Viet Nam);

110.23 Take further practical steps to ensure full implementation of anti-

discrimination legislation and to combat all forms of discrimination, including

on grounds of race, sexual orientation, gender identity and others (Czechia);

110.24 Continue efforts to combat racial discrimination and protect

vulnerable groups and to disseminate a culture of non-discrimination against

migrants (Libya);

110.25 Redouble efforts to combat all forms of racism, intolerance,

stereotypes and discrimination (Indonesia);

110.26 Continue efforts towards combating racism, racial discrimination,

xenophobia and other forms of related intolerance (Egypt);

110.27 Adopt specific measures to address reports of racism and xenophobia,

including racially motivated violence and racial discrimination in access to

employment, housing and services (Botswana);

110.28 Take measures to ensure the full implementation of legislation

against xenophobia and discrimination, paying special attention to migrants

(Chile);

110.29 Take effective measures to prevent incitement to racial hatred in

social networks and bring those responsible to justice (Belarus);

110.30 Continue efforts to combat hate speech against foreigners and

promote a culture of difference and tolerance (Tunisia);

110.31 Implement legal instruments against hate crimes and awareness-

raising campaigns to promote respect and tolerance, and ensure that victims of

discrimination have access to all the necessary legal remedies for expediting the

investigation and punishment of those responsible (Spain);

110.32 Adopt a comprehensive policy aimed at ending traditional

stereotypes (Belgium);

110.33 Continue to promote sustainable economic and social development

and to improve people’s living standards (China);

110.34 Comply with the European Union’s anti-money-laundering and

countering terrorism finance directive (United States of America);

110.35 Ensure the full implementation of the European anti-money-

laundering directives (France);

110.36 Strengthen its anti-corruption institutions, including the enforcement

of anti-money-laundering regulations (Sweden);

110.37 Strengthen measures in the fight against corruption and impunity so

that every Maltese citizen enjoys the same rights and obligations before the law

(Belgium);

110.38 Continue to uphold the right to life from conception to natural death

(Holy See);

110.39 Improve the work of national preventive mechanisms on torture,

including by extending the mandates of the relevant councils to enable access to

places of deprivation of liberty (Belarus);

110.40 Ensure that all persons detained by the police can effectively benefit

from access to a lawyer throughout their police custody, including during any

police questioning, and that the relevant provisions of the Criminal Code are

amended accordingly (Hungary);

110.41 Take further measures to provide qualified health-care assistance to

persons in places of pretrial detention (Belarus);

110.42 Continue to improve living conditions in prisons (United States of

America);

110.43 Implement a targeted strategy to accelerate judicial processes to

ensure decisions are reached within a reasonable time frame (United Kingdom

of Great Britain and Northern Ireland);

110.44 Ensure that crimes and offences are investigated thoroughly and

court cases are concluded within a reasonable amount of time (Netherlands);

110.45 Eliminate Title IV of the Criminal Code with a view to

decriminalizing defamation and guaranteeing the full exercise of freedom of

expression and freedom of the press, in addition to ensuring the physical and

legal protection of journalists and human rights defenders (Spain);

110.46 Enhance the safeguards of the exercise of freedom of speech,

especially in cases in which the accountability of public officials and institutions

is concerned (Holy See);

110.47 Take measures to strengthen the independence of the media, in

particular by removing from the Media and Defamation Act the possibility of

resorting to lawsuits as this constitutes a means of pressure and censorship on

the freedom of the press (Belgium);

110.48 Take all steps necessary to guarantee the full exercise of freedom of

expression and of the press, as stipulated in the Constitution of Malta and in

accordance with its international commitments in the field (Switzerland);

110.49 Create a conducive environment for media pluralism and

independence in Malta, ensure the effective safety of journalists and guarantee

proper and impartial investigations (Czechia);

110.50 Investigate fully all threats, harassment and violence against

journalists, bringing to justice not only the direct perpetrators, but also those

who incited them to commit those deeds (Denmark);

110.51 Investigate and prosecute cases of intimidation and violence against

journalists (Australia);

110.52 Ensure accountability through the conduct of independent, impartial,

prompt, thorough, effective, credible and transparent investigations into all

cases of violence, threats and attacks against journalists and media workers

(Austria);

110.53 Spare no efforts in fully investigating Daphne Caruana Galizia’s

assassination with a view to identifying all those involved and ensuring that

there is no impunity for this crime (Slovenia);

110.54 In the light of the killing of the journalist Daphne Caruana Galizia,

take all measures to protect and support journalists working to uncover

corruption and other matters of the highest public interest (Iceland);

110.55 Revise the legislation on the financing of political parties and the

investigative powers of the Electoral Commission, in order to provide

transparency with regard to donations to political parties and effective public

control over the fulfilment of prerequisites for such donations (Germany);

110.56 Intensify efforts to combat trafficking in persons (Iraq);

110.57 Increase efforts in the fight against corruption and trafficking in

persons, including by improving the relevant legislation and law enforcement

practices (Belarus);

110.58 Ensure the implementation of the Fourth National Action Plan on

Combating Trafficking in Persons to ensure increased convictions of cases of

trafficking in persons (Botswana);

110.59 Ensure sufficient resources are allocated for the effective

implementation of the Fourth National Action Plan on Combating Trafficking

in Persons, in particular to improve the support provided to child victims of

trafficking (Singapore);

110.60 Step up efforts to combat trafficking in persons through legislation

and implementation of measures under its Fourth National Action Plan on

Combating Trafficking in Persons for the period 2017 to 2019 (Philippines);

110.61 Conduct a review of the national action plan against trafficking in

persons to strengthen the investigation and prosecution of trafficking-related

crimes, while ensuring a victim-centred approach (United Kingdom of Great

Britain and Northern Ireland);

110.62 Continue efforts aimed at protecting victims of trafficking in persons

and ensure that legal remedies are offered to them (Algeria);

110.63 Continue to combat trafficking in persons, including by developing

victim assistance services, providing training for government officials and

raising public awareness (Indonesia);

110.64 Further advance its efforts in assisting victims of trafficking in

accordance with their needs (Georgia);

110.65 Take further steps to assist the victims of trafficking, such as the

provision of safe accommodation, adapted to the specific needs of victims

(Ireland);

110.66 Improve the system for identifying victims of trafficking in persons,

especially in the case of children, irregular migrants and asylum seekers

(Spain);

110.67 Continue the fight against trafficking in persons by improving inter-

agency interaction, enhancing victim assistance services, training government

officials, raising public awareness and other relevant initiatives (Bulgaria);

110.68 Continue investigations of trafficking in persons, keeping in mind the

recommendation made by a human rights treaty body to intensify efforts to

combat such trafficking (Japan);

110.69 Ensure that access to services for older persons is dignified,

affordable and readily available (Australia);

110.70 Continue to implement policies directed at improving access to health

services and health education, with a particular focus on the needs of young

persons (Moldova);

110.71 Continue efforts to promote human rights education at all levels of

the national education system (Viet Nam);

110.72 Continue efforts to put in place a system of comprehensive sexuality

education (Austria);

110.73 Continue implementation of the framework for the education

strategy for the period from 2014 to 2024 in order to reduce the gaps in

educational outcomes between boys and girls (Afghanistan);

110.74 Continue efforts to eliminate violence and discrimination against

women (Maldives);

110.75 Continue efforts aimed at the elimination of violence against women

and children (Côte d’Ivoire);

110.76 Redouble efforts to eliminate violence against women and children,

and put in place mechanisms that guarantee their access to justice (Algeria);

110.77 Intensify efforts to eliminate violence against women and children

and promote the participation of women in the public and private sectors

(Mexico);

110.78 Continue efforts to prevent violence against women (Tunisia);

110.79 Continue to intensify actions to eradicate violence against women

(Japan);

110.80 Fully implement legislative and practical efforts to address domestic

and gender-based violence, including ensuring support for victims (Australia);

110.81 Adopt measures to ensure full respect for and implementation of its

international obligations relating to gender-based violence, including through

appropriate training for the police force and the judiciary (Canada);

110.82 Invest appropriate resources to ensure the implementation of existing

strategies related to sexual and reproductive health and rights, including

ensuring access to safe, affordable and modern means of contraception, and

information related to them (Canada);

110.83 Ensure women’s sexual and reproductive rights, including through

education and family planning (Australia);

110.84 Improve the availability of sexual and reproductive health services,

including family planning (Iceland);

110.85 Continue initiatives aimed at promoting gender equality in

employment and the participation of women in decision-making positions

(Romania);

110.86 Collaborate closely with the private sector to formulate policies that

support women in re-entering the workforce (Singapore);

110.87 Take legislative measures and implement public policies to increase

the participation of women in public life (Costa Rica);

110.88 Adopt concrete measures to promote women’s full and equal

participation in political and public life and accelerate women’s full and equal

participation in elected and appointed bodies (Iceland);

110.89 Continue efforts to strengthen policies and strategies aimed at

promoting and protecting the rights of children and women (Lao People’s

Democratic Republic);

110.90 Continue its steps to further promote and protect the rights of the

child, including addressing child abuse and sexual exploitation of children

(Cameroon);

110.91 Continue the measures covering a wide spectrum of child-related

issues in various areas, such as education, health, welfare support and so forth,

aimed at guaranteeing better protection and improved opportunities for child

development and well-being (Romania);

110.92 Take measures to promote and ensure the full realization of all

human rights and fundamental freedoms for young persons (Moldova);

110.93 Take the necessary measures to move towards a human rights-based

approach to protecting the rights of persons with disabilities and incorporate

that approach in its national legislation and public policies (Argentina);

110.94 Take further steps to provide welfare services and assistance to all

persons with disabilities, especially children (Bulgaria);

110.95 Continue efforts to promote inclusive education for children with

disabilities (Cyprus);

110.96 Continue its commitment to promoting the empowerment of persons

with disabilities to ensure that they enjoy equal opportunities (Lao People’s

Democratic Republic);

110.97 Continue efforts to promote the rights of persons with disabilities and

provide the necessary support to the relevant national mechanisms (Jordan);

110.98 Strengthen its mechanisms to protect and promote the human rights

of migrants in the country (Uganda);

110.99 Strengthen efforts to eradicate stereotypes and discrimination against

migrants, inter alia, by conducting public awareness-raising campaigns to

promote tolerance and respect for diversity (Afghanistan);

110.100 Strengthen efforts to eradicate stereotypes and discrimination against

migrants, inter alia, by conducting public awareness-raising campaigns to

promote tolerance and respect for diversity (Portugal);

110.101 Create campaigns that promote tolerance and inclusion of migrants,

refugees and asylum seekers, and apply legislation to combat all forms of

discrimination (Mexico);

110.102 Strengthen efforts aimed at the elimination of stereotypes and

discrimination against migrants, in particular by carrying out awareness-

raising campaigns to promote tolerance (Côte d’Ivoire);

110.103 Continue to strengthen efforts to eradicate stereotypes and

discrimination against migrants, by conducting public awareness-raising

campaigns to promote tolerance and respect for diversity (State of Palestine);

110.104 Make further efforts to combat discrimination against foreigners and

asylum seekers (Iraq);

110.105 Provide effective protection of migrants (Cameroon);

110.106 Continue effectively to protect and guarantee the safety and

fundamental human rights of migrants and refugees, especially minors (Holy

See);

110.107 Continue to adopt effective measures to ensure the protection of the

rights of all migrant workers (Nepal);

110.108 Intensify measures aimed at raising the awareness of the population

in order to eradicate stereotypes and discrimination against migrants and

refugees, and to investigate and sanction acts of discrimination against them

(Argentina);

110.109 Provide for the effective protection of migrants from manifestations

of racism and xenophobia and guarantee to them and to asylum seekers their

rights, in accordance with international standards (Belarus);

110.110 Ensure fair treatment to migrants, refugees and asylum seekers, in

accordance with its international human rights obligations (Bolivarian

Republic of Venezuela);

110.111 Ensure respect for the rights of migrants in irregular situations in

detention camps (Senegal);

110.112 Continue to combat discrimination against refugees and minors

(Senegal).

111. The following recommendations will be examined by Malta, which will provide

responses in due time, but no later than the fortieth session of the Human Rights

Council:

111.1 Ratify the Optional Protocol to the Convention on the Elimination of

All Forms of Discrimination against Women (Austria) (Croatia) (Spain);

111.2 Ratify the Optional Protocol to the Convention on the Elimination of

All Forms of Discrimination against Women and withdraw its reservations to

the Convention (Albania);

111.3 Ratify the Optional Protocols to the Convention on the Elimination of

All Forms of Discrimination against Women and to the Convention on the

Rights of the Child and submit, as a matter of priority, all outstanding reports

to the relevant treaty bodies (Czechia);

111.4 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure, as recommended by Montenegro during

the previous review cycle (Montenegro);

111.5 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Portugal) (Spain);

111.6 Ratify the third Optional Protocol to the Convention on the Rights of

the Child (Portugal) (Spain);

111.7 Consider acceding to the Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination against Women (Italy);

111.8 Consider acceding to the Optional Protocol to the International

Covenant on Economic, Social and Cultural Rights (Italy);

111.9 Ratify the 1954 and 1961 statelessness conventions (Austria);

111.10 Sign and ratify the Convention on the Reduction of Statelessness

(Sweden);

111.11 Accede to the 1954 Convention relating to the Status of Stateless

Persons and the 1961 Convention on the Reduction of Statelessness (Costa Rica)

(Côte d’Ivoire) (Montenegro);

111.12 Withdraw the reservation to article 29 (a) (i) and (iii) of the

Convention on the Rights of Persons with Disabilities and take the necessary

steps to ensure that persons with disabilities can fully exercise their right to

vote (Austria);

111.13 Withdraw reservations to the Convention on the Elimination of All

Forms of Discrimination against Women, which are incompatible with the

principle of equality between men and women, and ratify the Optional Protocol

to the Convention (France);

111.14 Adopt an open, merit-based process to select national candidates for

United Nations human rights treaty body elections (United Kingdom of Great

Britain and Northern Ireland);

111.15 Strengthen further the independence and mandates of the National

Commission for the Promotion of Equality and the Parliamentary Ombudsman,

with a view to making them compatible with the Paris Principles (Georgia);

111.16 Develop a national action plan in accordance with the Guiding

Principles on Business and Human Rights (Japan);

111.17 Ensure that its policies, legislation, regulations and enforcement

measures effectively serve to prevent and address the heightened risk of

business involvement in abuses in conflict situations, which include situations of

foreign occupation (State of Palestine);

111.18 Increase the number of investigations and, where appropriate,

prosecutions in cases of corruption and financial crime (United States of

America);

111.19 Ensure that the national preventive mechanism under the Optional

Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment has the necessary powers and tools for its

proper functioning, including human, financial and logistical resources, and

that its mandate covers all places of deprivation of liberty and access to the

corresponding documentation concerning allegations of ill-treatment (Czechia);

111.20 Put in place concrete measures to ensure that all cases of detention

are subject to non-discriminatory judicial review (Republic of Korea);

111.21 Improve conditions in detention centres, including seeking

alternatives to detention in accordance with international law, including human

rights and refugee law, as well as existing European legislation (Sweden);

111.22 Ensure that children between 16 and 18 years of age are tried by

special juvenile courts, not ordinary courts (Spain);

111.23 Revise the legislation on public service media, including appointment

procedures, in order to establish safeguards against political interference

(Germany);

111.24 Continue to reform legislation on media in order to better protect

journalists (France);

111.25 Take steps in order to further increase the protection of journalists

(Greece);

111.26. Adopt effective measures to guarantee the safety of journalists and

the exercise of freedom of expression, such as the creation of a national

mechanism for the protection of journalists (Mexico);

111.27 Conduct a transparent investigation into the murder of Daphne

Caruana Galizia and exercise all due diligence to ensure that justice is done

(Switzerland);

111.28 Guarantee that an independent and effective public inquiry into the

killing of the journalist Daphne Caruana Galizia is carried out, and enhance

policies aimed at ensuring the safety of journalists (Brazil);

111.29 Continue to strengthen the mechanisms to combat trafficking in

persons and to guarantee adequate protection, reparation and compensation to

victims (Maldives);

111.30 Include in the Gender-based Violence and Domestic Violence Bill an

explicit mention of the link between gender inequality and violence against

women, both in its preamble and in its implementation instruments (Chile);

111.31 Continue efforts to achieve gender equality, especially in the labour

market, and eliminate wage disparities (Tunisia);

111.32 Intensify its efforts to eliminate violence against women and children,

duly investigate cases of violence against them, provide access to justice for all

women, increase the number of shelters with adequate resources, and improve

the training for the staff of legal institutions and the police force (Croatia);

111.33 Continue and intensify efforts to eliminate violence against women

and children, by duly investigating cases of violence against them and

establishing a rehabilitation system for victims (Cyprus);

111.34 Intensify its efforts to eliminate violence against women and children,

duly investigate cases of violence against them, establish a rehabilitation system

for victims, provide access to justice for all women, increase the number of

shelters with adequate resources, and improve training on the issue for the staff

of legal institutions and the police force (Serbia);

111.35 Ensure that persons with disabilities, particularly blind persons and

persons with intellectual disabilities, have the right to vote by secret ballot

(Republic of Korea);

111.36 Work to address the shelter needs of migrants and asylum seekers,

and in particular improve living conditions in open centres (Canada);

111.37 Promote the integration of migrants into Maltese society, reducing

the time required for a person to reside in Malta before applying for citizenship,

which is currently set at more than 18 years (Uruguay);

111.38 Ensure that migrants and refugees rescued at sea are promptly

disembarked with full respect for their human rights, without arbitrary

detention, and are given a genuine opportunity to seek asylum, and refrain

from criminalizing persons involved in rescue activities at sea (Brazil);

111.39 Establish a national mechanism to identify stateless persons and

guarantee their rights and protection (Mexico).

112. The recommendations formulated during the interactive dialogue/listed below

have been examined by Malta and have been noted by Malta:

112.1 Consider acceding to and ratifying the International Convention on

the Protection of the Rights of All Migrant Workers and Members of Their

Families (Uruguay);

112.2 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families to

complement its ongoing efforts in advancing migrants’ welfare (Philippines);

112.3 Decriminalize abortion, preferably completely, but at least when the

life or health of the mother is in danger, by bringing the law into line with

obligations deriving from several human rights conventions (Netherlands);

112.4 Reform laws on abortion with a view to legalizing it and improving

the provision of sexual and reproductive health services, in particular family

planning (France);

112.5 Amend the Criminal Code to decriminalize the termination of

pregnancy in cases of rape, incest and severe foetal impairment, and eliminate

all punitive measures (Denmark);

112.6 Take steps to increase the promotion and protection of women’s full

enjoyment of their human rights, especially the ability to make decisions

concerning their own bodies and reproduction, including the legalization of

abortion (Sweden).

113. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

[English Only]

Composition of the delegation

The delegation of Malta was headed by the Minister for European Affairs and

Equality, Ms. Helena Dalli and composed of the following members:

• Mr. Joseph Camilleri – Permanent Secretary at the Ministry for European Affairs and Equality;

• Mr. Olaph J. Terribile – Permanent Representative of Malta to the United Nations and Other Organizations;

• Mr. Joseph Vella – Chef de Cabinet at the Permanent Representation of Malta to the European Union;

• Dr. Charmaine Gauci – Director General, Office of the Superintendence of Public Health;

• Ms. Maria Galea – Director General, Strategy and Support Office, Ministry for Education and Employment;

• Dr. Daniel Attard – Government Spokesperson, Ministry for European Affairs and Equality;

• Mr. George Sultana – Director, Policy Development and Programme Implementation, Ministry for the Family, Children’s Rights and Social Solidarity;

• Mr. Silvan Agius – Director, Human Rights and Integration Directorate, Ministry for European Affairs and Equality;

• Ms. Francesca Gatt – Director, Global Issues, Ministry for Foreign Affairs and Trade Promotion;

• Dr. Ann Marie Cutajar – Lawyer, Office of the Attorney General;

• Ms. Renee Laiviera – Commissioner, National Commission for the Promotion of Equality;

• Mr. David Cassar – Deputy Permanent Representative, Permanent Representation of Malta to the United Nations and Other Organizations;

• Mr. Roberto Pace – First Secretary, Permanent Representation of Malta to the United Nations and Other Organizations;

• Ms. Justine Micallef – First Secretary, Permanent Representation of Malta to the United Nations and Other Organizations.