EUROPEAN MIGRATION NETWORK ANNUAL POLICY REPORT ON IMMIGRATION AND ASYLUM MALTA. National Contact Point. 1 of 107

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1 EUROPEAN MIGRATION NETWORK National Contact Point ANNUAL POLICY REPORT ON IMMIGRATION AND ASYLUM MALTA of 107

2 MALTA ANNUAL POLICY REPORT 2011 Executive Summary There were no changes in respect of the Maltese authorities dealing with migration and asylum issues during 2011; however on a European level, the European Asylum Support Office (EASO) was officially inaugurated in Malta on the 19 th June In 2011, Malta once again experienced a significant influx of illegal immigrants, as 1,579 such migrants reached the country through irregular boat crossings, most of them during the Libyan uprising. The first migrants reached Malta on the 28th March 2011, with the last arrivals reaching the country on the 7 th December The claimed nationalities of those who arrived in 2011 were mainly Somali (455), Eritrean (280), Nigerian (238), Ivorian (114) and Ethiopian (103). Throughout this period, media reports covered Malta s central role in respect of the evacuation of foreigners from Libya, as well as the provision of humanitarian assistance to the Libyan people. Malta acted as the hub for the provision of support to the Libyan people by the international community. During 2011, as for previous years, efforts were made in the sphere of voluntary return, through the RESTART 2 project, which was implemented by the International Organisation for Migration (IOM) in partnership with the Ministry for Justice and Home Affairs. Moreover, the Ministry of Foreign Affairs and the Ministry for Justice and Home Affairs are implementing the COMAM (Cooperation between Malta and African countries to enhance migration dialogue and development) project, with the support of the International Organisation for Migration (IOM). The project aims to enhance diplomatic and administrative relations between the Maltese authorities and their counterparts in countries of origin in Sub-Saharan Africa in order to develop specific and sustainable actions in the area of assisted voluntary return. In 2011, the Maltese Authorities concluded protocols to EU readmission agreements with Albania, Bosnia and Herzegovina, Moldova, Russia and Serbia. The Common standards and procedures for returning illegally staying third-country nationals Regulations, 2011 were adopted with a view to transpose Directive 2008/115/EC. The Minimum standards on sanctions and measures against employers of illegally staying third-country nationals Regulations, 2011 were also adopted in order to transpose the provisions of Directive 2009/52/EC. In 2011 progress was also registered in the fight against human trafficking. Following the appointment of Malta s first Anti-Human Trafficking Coordinator by the Prime Minister in 2010, the first Malta Action Plan for combating Human Trafficking was published on the 4 October The Action Plan provides for new actions aimed at preventing human trafficking, prosecuting offenders as well as protecting victims. In the field of Border Control, as in preceding years, the Armed Forces of Malta continued to invest in state-of-the-art equipment to further enhance Malta s border control capacity. Of particular importance was the procurement of the first of two new King Air B200 maritime patrol aircraft. With this aircraft, Malta has further improved its ability to carry out border control and surveillance in a more homogeneous and sustained manner, using state of the art communications and detection equipment. In 2011 Malta participated in three joint return flights for the return of illegal immigrants to Nigeria. The first flight was organised by Austria, the second by Ireland and the third by Italy. In the asylum sphere, the first phase of the Pilot Project for the intra-eu relocation of beneficiaries of international protection from Malta (EUREMA) came to a close in the beginning of September

3 2011. Originally, a total of 10 Member States agreed to participate in the Pilot Project and approximately 255 relocation places were offered to beneficiaries of international protection in Malta. By the time the project came to a close, 227 beneficiaries were in fact relocated to 6 Member States, primarily to Germany (102) and France (95). In view of the influx of immigrants from Libya during 2011 and the difficulties faced by Malta, the Pilot Project for the relocation of beneficiaries of international protection in Malta was extended. Twelve Member States, as well as Norway and Switzerland, agreed to relocate a total of approximately 350 beneficiaries of international protection from Malta, some as part of the extended Pilot Project and others on a bilateral basis. The first group of beneficiaries of international protection, a total of 147 persons, departed to Germany on the 29 th November 2011, whilst the second group made up of 10 persons departed to Ireland on the 13 th December During 2011 Malta continued to benefit from the United States Resettlement programme, which resulted in the resettlement of 176 beneficiaries of international protection to the United States. A total of 811 beneficiaries of international protection have been resettled under this programme since its commencement in 2007 and it is expected that more are to leave in the near future. In 2011, Malta attached particular importance to the Coordinated Needs Assessment for Libya relating to Integrated Border Management. In this regard, an expert in maritime border surveillance from the Armed Forces of Malta is serving on the team to be deployed by the European Union to Libya to carry out this needs assessment. The protection of unaccompanied minors remained one of the main priorities for the Agency for the Welfare of Asylum Seekers throughout For this reason, AWAS implemented the European Refugee Fund co-funded project Implementing a Socio-Educational Programme for Unaccompanied Minor Asylum Seekers under a Care Order, with a view to addressing both the social and educational needs of unaccompanied minors. The service relating to the family-tracing of unaccompanied minors has also been enhanced through the broader SPARKLET (Supporting Closed and Open Centres through Profiling, Action Research and Knowledge Transfer), project. This project was co-financed by the European Refugee Fund, and was implemented in collaboration with the International Organisation for Migration (IOM). The National Commission for the Promotion of Equality (NCPE) has implemented the EU cofunded project VS/2010/0569 Think Equal that aims at sensitising, training and empowering on issues of equality, non-discrimination and diversity through various initiatives. NCPE is also currently carrying out a qualitative research that will identify the nature and extent of the discrimination experienced by racial minorities in employment. As in previous years, in 2011, NCPE continued to provide training on issues related to equality and diversity to various groups. With regard to the Global Approach, in 2011, the Overseas Development Aid budget which was administered by the Ministry of Foreign Affairs financed 18 humanitarian projects in third world countries situated in Africa, Asia and South America.

4 1. INTRODUCTION: PURPOSE AND METHODOLOGY FOLLOWED The EMN Annual Policy Report 2011 is aimed at contributing to the report to be prepared by the European Commission and presented to the Council in June It is intended to continue to provide an insight into the most significant political and legislative developments, as well as public debates, in the area of migration and asylum. The EMN Annual Policy Report 2011 covers the period 1 st January 2011 to 31 st December Methodology Compilation of the Maltese Annual Policy Report 2011 was coordinated by the Policy Development Directorate and the National Contact Point which operates within the Third Country Nationals Unit of the Ministry for Justice and Home Affairs. The information used was from published and unpublished reports with a view to report policy developments and also from consultation with relevant departments and entities for supplementary information and data. Within the Ministry for Justice and Home Affairs itself, contacts involved the Office of the Refugee Commissioner, the Malta Police Force Immigration Section within the Special Branch and the Agency for the Welfare of Asylum Seekers. The Department for Citizenship and Expatriate Affairs and the Central Visa Unit, as well as the Global Issues Directorate falling under the Ministry for Foreign Affairs were also contacted. The Ministry for Education, Employment and the Family and its institutions, namely the National Commission for the Promotion of Equality (NCPE), Aāenzija Appoāā and the Employment and Training Corporation were also consulted. Consultations were also held with the Migrant Health Unit within the Ministry for Health, the Elderly and Community Care. Published Statistical date was solicited from the National Statistics Office. The relevant departments and entities provided information and statistical data relating to their respective areas of competence. All factual information and data provided in this report is therefore official. Compilation of this report required extensive consultation, and a considerable amount of time was needed in relation to liaison and to correspond with the various entities concerned for the gathering of relevant information. 1.2 Terms and Definitions Terms and their definitions as given in the EMN Glossary were used. The terms reallocation, relocation and resettlement are used interchangeably and refer to the transfer of beneficiaries of international protection from the country in which they were first granted international protection to another which has agreed to host them.

5 2. GENERAL STRUCTURE OF POLITICAL AND LEGAL SYSTEM IN MALTA 2.1 General structure of the political system and institutional context The Ministry for Justice and Home Affairs has leading responsibility for asylum and illegal immigration, while other aspects of migration fall under the responsibility of the Ministry of Education, Employment and the Family, the Ministry of Finance and the Ministry of Foreign Affairs. The enactment of the Refugees Act (Cap 420) in 2002 paved the way for the creation of the two asylum determination bodies, namely the Commissioner for Refugees and the Refugee Appeals Board. Responsibility for overseeing the provisions of the Immigration Act (Cap 217) and the control of illegal immigration is associated with the Police Special Branch whilst the Armed Forces of Malta, which falls under the responsibility of the Office of the Prime Minister, is responsible for maritime border surveillance and rescue. As mentioned in the Annual Policy Report for 2009 the Agency for the Welfare of Asylum Seekers (AWAS) took over from the Organisation for the Integration and Welfare of Asylum Seekers (OIWAS). This Agency, which provides for accommodation and pre-integration services, also falls under the responsibility of the Ministry for Justice and Home Affairs. Within the Ministry of Foreign Affairs, the Department of Citizenship and Expatriates Affairs deals with citizenship issues in accordance with the Maltese Citizenship Act (Cap 188) and applies the relevant provisions of the Immigration Act (Cap. 217) in relation to residence permits. Also within the same Ministry, the Central Visa Unit is responsible for handling visa requests, and facilitates networking between all of Malta s diplomatic missions and consular posts, thus playing a key role in application and authorisation procedures. Aāenzija Appoāā, which falls under the Ministry of Education, Employment and the Family, provides a number of programmes of prevention, support and treatment services, for children, families and adults in need, both in residential and community settings. Immigrants in the care of AWAS can be referred to Aāenzija Appoāā and may access these Community Services. The Children and Young Persons' Advisory Board, another service offered by Appoāā, is of importance to unaccompanied minors who have been placed under a Care Order since it provides support to these vulnerable children who require intensive care in a residential environment. Appoāā also offers support to human trafficking victims. The Employment and Training Corporation (ETC), which also falls under the Ministry of Education, Employment and the Family, primarily provides and maintains an employment service for prospective employees and for employers. The ETC also provides training courses to those wanting to improve their skills. Information regarding employment and training opportunities, as well as other practical information relevant to migrant workers and their families, is also available on the ETC website. Beneficiaries of international protection are also entitled to attend training courses organised by the ETC, in the same way as nationals. They also have access to services offered by the ETC. The National Statistics Office (NSO) under the Ministry of Finance is the executive arm of the Malta Statistics Authority. It is responsible for the collection, compilation, analysis and publication of a wide range of statistical information and related matters. Its importance in the migration field has assumed greater emphasis in relation to the EU Migration statistics framework set by regulation EC 862/2007.

6 2.2 General structure of the legal system No changes to the general structure of the legal system were effected during However, Regulations transposing EU Directives were enacted as follows: the Common Standards and Procedures for returning Illegally Staying Third-Country Nationals Regulations (LN 81 of 2011), transposed Directive 2008/115/EC; the Minimum Standards on Sanctions and Measures against Employers of Illegally Staying Third-Country Nationals Regulations (LN 432 of 2011) transposed Directive 2009/52/EC. the Conditions of Entry and Residence of Third-Country Nationals for the purpose of Highly Qualified Employment Regulations (LN 433 of 2011) transposed Council Directive 2009/50/EC Moreover, the Immigration Appeals Board (Division) Regulations, 2011 (LN 246 of 2011) were also published. These Regulations enable the setting up of a second division of the Immigration Appeals Board with a view to expedite relevant proceedings.

7 3. GENERAL DEVELOPMENTS RELEVANT TO ASYLUM AND MIGRATION 3.1 General political developments In 2011, there have been no general political developments related to asylum, migration and/or integration. 3.2 Main policy and/or legislative debates Unlike 2010, when migration issues were not debated as regularly as in previous years due to the reduction of the number of illegal migrant arrivals, 2011 witnessed a re-escalation of migration issues pursuant to the unrest in North African, particularly Libya. In fact, thousands of illegal immigrants landed in Lampedusa and Malta pursuant to such unrest in Tunisia and Libya. Up to 1,535 illegal immigrants reached Malta from Libya between the 28th March 2011 and the 1st July 2011, with a further 44 arriving in December. The claimed nationalities of those who arrived in 2011 were mainly Somali (455), Eritrean (280), Nigerian (238), Ivorian (114) and Ethiopian (103). The media also made reference to the implementation of the Pilot Project for the intra-eu relocation of beneficiaries of international protection from Malta (EUREMA) and the ongoing resettlement programme with the United States. Media reports also covered the central role adopted by Malta in the context of the evacuation of foreigners from Libya, as well as the provision of humanitarian assistance to the Libyan people. Malta effectively acted as the hub for the provision of support to the Libyan people by the international community. Considerable press coverage was also dedicated to the riot by detainees at Safi Detention Centre. 3.3 Broader developments in asylum and migration On a proposal from Commissioner Malmström, the Pilot Project for the relocation of beneficiaries of international protection in Malta was extended due to the disproportionate burden being borne by Malta. On 12 May 2011, Commissioner Malmström convened a Ministerial Conference to discuss and review commitments and pledges for the extension of the pilot project for Malta, as well as resettlement from North Africa. During the Conference, Commissioner Malmström called upon Member States to demonstrate solidarity with Malta and to participate in the extension of the Pilot Project, by relocating a number of beneficiaries of protection from Malta. The following pledges have been made by Member States for the relocation of beneficiaries of international protection from Malta (some of which will take place on a bilateral basis and others as part of the extension of the Pilot Project to be co-funded under the European Refugee Fund Community Actions): EU Member States Germany 150 Bilateral Poland 50 EU-funded Spain 25 Bilateral The Netherlands 20 Bilateral Denmark 10 Bilateral Romania 10 EU-funded project Slovakia 10 EU-funded project

8 Hungary 7 EU-funded project Ireland 6-10 Bilateral Lithuania 6 EU-funded project Portugal 6 EU-funded project Bulgaria 4 EU-funded project Sub-total 308 Non-EU Member States (Schengen Associated States) Norway 30 Bilateral Switzerland 19 Bilateral Liechtenstein 1 1 Bilateral Total 358 By end of 2011, Germany relocated 147 beneficiaries of international protection from Malta, bilaterally, with a further 5 expected to be relocated in the beginning of It is pertinent to also mention that at the end of the year another 10 beneficiaries of international protection were relocated to Ireland on a bilateral basis. 3.4 Institutional developments Nationally, in 2011 there were no changes in authorities that deal with migration or asylum related issues; however it is pertinent to mention that, on a European level, the European Asylum Support Office (EASO) was officially inaugurated in Malta on 19 th June In collaboration with Switzerland

9 4. LEGAL IMMIGRATION AND INTEGRATION 4.1. Economic migration Specific context Agreement was reached between stakeholders that a Labour Market and Skills Shortage Committee should be set in order to identify signs of skills shortages found in the Maltese Labour Market. This would provide transparent, independent and evidence-based advice to government on where skills and/or labour market shortages exist; to identify underlying factors in relation to labour and skills shortages; and to produce skills shortage lists. The Employment and Training Corporation published a set of guidelines which were made available on the official website. The Corporation also held integration oriented programmes for third country nationals who wish to become Long Term Residents. The Employment and Training Corporation also encouraged employers to tap potential human resources within the Community, in accordance with the principle of Community preference Developments within the national perspective The Employment and Training Corporation (ETC) 2 and the Agency for the Welfare of Asylum Seekers (AWAS) have upheld their efforts to improve employability of migrants who are legally residing in Malta, with the latter providing additional support to beneficiaries of international protection. In this regard, the project titled An Employment Support Initiative for Refugees and Beneficiaries of Protection is currently being implemented by AWAS in partnership with the ETC and the Foundation for Shelter and Support to Migrants (FSM) Developments from the EU perspective The Conditions of Entry and Residence of Third-Country Nationals for the purpose of Highly Qualified Employment Regulations (LN 433 of 2011) transposed Council Directive 2009/50/EC. 4.2 Family Reunification Specific context Not applicable Developments within the national perspective No applicable Developments from the EU perspective Not applicable. 4.3 Other legal migration 2 The Employment and Training Corporation (ETC) is the public entity responsible for the employment sector. The ETC also offers training to service users. ETC falls under the responsibility of the Ministry of Education, Employment and the Family.

10 4.3.1 Specific context Amendments were made to the national Status of Long term residents (Third Country Nationals) Regulations, which transpose the provisions of Directive 2003/109/EC, whereby integration measures were introduced in connection with the acquisition of such status. In order for the third-country national to be eligible to apply for long-term residence status the applicant has to provide evidence that in the last twelve months prior to the application a course of at least one hundred hours having as its subject matter the social, economic, cultural and democratic history and environment of Malta have been successfully completed. The Employment and Training Corporation and also the Citizenship and Expatriate Affairs Department made information on legal migration to Malta, including procedural matters and documentation publicly accessible on their websites Developments within the national perspective Not applicable Developments from the EU perspective Not applicable. 4.4 Integration Specific context In 2010 the National Commission for the Promotion of Equality (NCPE) implemented the EU cofunded project Strengthening Equality beyond Legislation VS/2009/0405, which focused to enhance the principle of equal treatment on the six grounds of discrimination, including race, as well as multiple discrimination. NCPE also conducted training on various issues related to equality and diversity to Public entities, private companies, persons working in the legal field, management and directors and any other entity which may request such service. Such training dealt with various subjects that fall under NCPE s remit including equality mainstreaming, diversity management, and non-discrimination. The Agency for the Welfare of Asylum Seekers (AWAS) has undertaken projects for the benefit of beneficiaries of international protection through EU co-financing under the European Refugee Fund. The projects involved an employment-support initiative, the provision of language teaching at Open Centres, as well as Project Sparklet, which supported both Closed and Open Centres in Malta through the profiling of migrants, action research and knowledge transfer Developments within the national perspective The Employment and Training Corporation (ETC) and the Agency for the Welfare of Asylum Seekers (AWAS) have upheld their efforts to integrate migrants who are legally residing in Malta, with the latter providing additional support to beneficiaries of international protection. In this regard, the project titled An Employment Support Initiative for Refugees and Beneficiaries of Protection" is currently being implemented by AWAS in partnership with the ETC and the Foundation for Shelter and Support to Migrants (FSM) 3. 3 See also Section 4.1.2

11 The Ministry responsible for Health has embarked on a number of measures aimed at promoting integration. These include: Health education sessions on various health topics are being carried out in open and closed centres by the Migrant Health Unit which was set up in Training for Cultural mediators working in health care services are organised periodically - to date 8 groups have been trained (n=45). A face-to-face cultural mediator service at a local health centre assisted over 2050 migrant patients with language problems and health professionals to communicate during clinical consultations in the first 12 months of service. Cultural mediators are also involved in training sessions for health professionals on cultural issues in health care. The National Commission for the Promotion of Equality (NCPE) works to safeguard equal treatment on the grounds of race or ethnic origin in the access to and supply of goods and services by virtue of LN85 of 2007 Equal Treatment of Persons Order. The NCPE worked on the EU co-funded project VS/2010/0569 Think Equal that aims at sensitising, training and empowering on issues of equality, non-discrimination and diversity through various initiatives, including: a seminar for youths, which sought to bring youths together, alongside persons who have experienced discrimination and experts from different racial, sexual and cultural backgrounds to discuss local cases of discrimination as well as the causes and consequences of these experiences; an arts and a photo competition to empower more persons to express their thoughts and feelings on diversity and equality through art or photography; and a music concert bringing together musicians from different cultural backgrounds to expose music and musical instruments originating from different cultures with the aim of exploring diversity further by being exposed to different cultures. NCPE also worked on qualitative research that will identify the nature and extent of discrimination experienced by racial minorities in employment, in access to and supply of goods and services, and when in contact with the authorities. This research will thus indicate the extent of the discrimination suffered and the nature of the discriminatory action, as well as first hand experiences of contacts with the authorities. Hence, the results of this research will provide data upon which policies may be reviewed or established, and data on which racial equality mainstreaming may be undertaken. This research is being carried out as part of the EU co-funded project VS/2010/0569 Think Equal. In 2011, NCPE also continued providing training on issues related to equality and diversity to various groups that requested such training. Such training disseminates information on relevant legislative and policy developments within the sphere of equal treatment, and provides the participants with the opportunity to discuss and analyse various circumstances in relation to discrimination and equality. NCPE also continued investigating complaints by persons who felt discriminated against due to their race or ethnic origin in the access to and supply of goods and services. In this regard, NCPE continued providing assistance to complainants throughout the respective investigation procedure.

12 Hence, in 2011 NCPE continued raising awareness and disseminating information on equality, diversity and non-discrimination issues, including racism and xenophobia. In addition, research on discriminatory treatment on the grounds of race or ethnic origin will contribute to further knowledge on this subject matter, and can thus serve as a background on which further actions that safeguard equal treatment on the grounds of race or ethnic origin can be implemented Developments from the EU perspective Not applicable. 4.5 Citizenship and Naturalisation Specific context Not applicable Developments within the national perspective Not applicable Developments from the EU perspective Not applicable

13 5. IRREGULAR IMMIGRATION AND RETURN 5.1 Irregular Immigration Specific context During 2010 Malta experienced a reduction in the number of illegal migrant arrivals. One boat carrying 28 Somalis was brought to Malta after the relevant rescue operation. Moreover, a Libyan fishing vessel carrying 19 Egyptians was intercepted in international waters. This reduction in the number of arrivals was attributed to enhanced border control measures by the Libyan authorities as well as to the implementation of the Italy-Libya Treaty of Friendship Developments within the national perspective One aspect that has drastically changed the security situation in the Central Mediterranean and hence the trends of irregular migration was the Arab Spring. From a situation in late 2010, where the irregular migration flows were minimal, the levels seen in 2011 reached considerable levels. These flows involved predominantly Tunisian nationals leaving from the Tunisian littoral and Sub- Saharan migrants fleeing Libya. In 2011, the influx of illegal migrants resumed pursuant to the political turmoil in North Africa, particularly Libya. A total of 1,579 reached Malta s shores illegally in nine different boat trips. In fact, up to 1,535 illegal immigrants reached Malta from Libya between the 28th March 2011 and the 1st July The remaining 44 arrived in December Whereas the claimed nationalities of those who arrived in 2011 were largely similar to arrivals in previous years, particularly Somali (455), Eritrean (280), Nigerian (238), Ivorian (114) and Ethiopian (103), a substantial proportion of the new arrivals were clearly established in Libya before they left. On 16 th August 2011 in the Safi Detention Centre a very small group of migrants staged a protest against their detention. These migrants claimed that they were being detained despite being minors. Necessary investigations were carried out on the 25 th April 2011, and the migrants were informed that they were not considered minors. Upon having the original assessment confirmed the migrants left the area where the protest was being held. Immediately after this incident a larger number of migrants detained in Warehouse 1, amounting to approximately 271 persons, protested violently in opposition to their detention and the rejection of their asylum claims. The migrants in question started a number of fires during the protest and threw various objects, as well as sewage water, at officers who were tasked with restoring order. Once the riot escalated, Detention Officers were provided with support by the Armed Forces of Malta and the Malta Police Force, in order to reinstate order as expeditiously as possible. Fifteen Police Officers, three AFM soldiers, and one migrant were injured during the riot, albeit not seriously. The Safi Detention Centre suffered considerable damage, including damage to a number of vehicles caused by stones thrown by the migrants during the incident. The most violent migrants identified during the riot were apprehended and arraigned in Court. As regards legislation, the Immigration Appeals Board (Division) Regulations, 2011 (LN 246 of 2011) were published. These Regulations enable the setting up of a second division of the Immigration Appeals Board with a view to expedite relevant proceedings. It should be noted that this Board hears cases relating to the continued detention of a person in terms of the Immigration Act (Cap. 217), as well as appeals vis-à-vis custody in virtue of a deportation or removal order.

14 5.1.3 Developments from the EU perspective The Minimum Standards and Measures against Employers of Illegally Staying Third Country Nationals Regulations (LN 432 of 2011) transposed Directive 2009/52/EC. 5.2 Return Specific context In line with previous years, during 2010 the Maltese authorities implemented the Assisted Voluntary Return project RESTART II and 37 migrants were returned. It is pertinent to mention that the Ministry for Justice and Home Affairs, in partnership with the IOM, applied for EU cofinancing under the European Return Fund to implement another assisted voluntary return and reintegration project for In 2010, the Maltese authorities, by means of the European Return Fund, developed the project - Strengthening Malta s long-term Return Management Capacities MAREMCA Project - with a view to enhance the effectiveness of the readmission process which involved meetings and contacts with the Ghanaian and Nigerian authorities, among other actions. Malta also participated in joint return flights organized by other Member states and by FRONTEX. The main issue faced by Maltese authorities when it comes to effecting returns remained the nonavailability of identification and travelling documents since almost all the illegal migrants arriving came here undocumented and the vast majority of the 35 different claimed countries of origin do not have any local representation. Malta embarked on the MELITA 2010 project- a joint operation between Malta and FRONTEX aimed at enhancing the partnerships with identified countries of origin. Meetings with third country delegations in Malta were also held on a regular basis Developments within the national perspective The return of illegal migrants remains a priority for Malta. However, the Maltese authorities continue to encounter several difficulties, due to the fact that the immigrants have no identification or travel documents, as well as in view of the lack of cooperation by certain third countries of origin. The difficulties still being encountered in relation to the return of illegal immigrants confirm the need for more robust involvement by the European Union in this sphere, in order for these issues to be addressed in a more adequate manner. By means of a letter dated 28 September 2011, addressed to the EU High Representative for Foreign Affairs and Security Policy, Commissioner Cecilia Malmström and Commissioner Andris Piebalgs, the Maltese Minister of Foreign Affairs explained that the lack of efficiency in the repatriation of illegal immigrants is due primarily to the lack of cooperation from the countries of origin, which in Malta s case are all signatories to the Cotonou Agreement, and which are therefore bound by the explicit readmission obligation in this Agreement. As requested by the Minister of Foreign Affairs in the abovementioned letter, it is necessary for the European External Action Service and the European Commission to take the necessary action to ensure that these countries, that are signatories to the Cotonou Agreement and are all beneficiaries of significant development aid, also abide by their readmission obligation.

15 During 2011 efforts continued being made in the sphere of voluntary return. The RESTART 2 project was headed by IOM in partnership with the Ministry for Justice and Home Affairs. For 2011, under the RESTART 2 Project, a total of 66 persons opted to participate. As at 27 December 2011, 31 migrants opted for voluntary return during this year, with 29 of these returning under the RESTART 2 project. The Ministry of Foreign Affairs and the Ministry for Justice and Home Affairs are partners in the COMAM (Cooperation between Malta and African countries to enhance migration dialogue and development) project, which is administered by IOM. The project aims to enhance diplomatic and administrative relations between the Maltese authorities and their counterparts in Countries of Origin in Sub Saharan Africa in order to develop specific and sustainable actions in the area of assisted voluntary return. The planning of the COMAM project commenced in October 2011, whilst the actual implementation of this project is expected to commence early Developments from the EU perspective The Maltese authorities conducted preparations to implement MELITA 2011, which is a continuation of the original project as mentioned in Section Moreover, Malta concluded the following bilateral implementing protocols to EU readmission agreements: - Moldova: Signed on 24 January 2011 and entered into force on 4 April 2011; - Albania: Signed on 27 January 2011 and entered into force on the 31 st October 2011; - Russia: Signed on 8 February 2011 and entered into force on 3 June Serbia: Entered into force 31 st October Bosnia and Herzegovina entered into force 31 st October Malta participated in three joint return flights for the return of illegal immigrants to Nigeria. This also addresses the additional problem of non-availability of flights to the desired destinations. The first flight was organised by Austria, the second by Ireland and the third by Italy. Joint return flights are important in helping to overcome logistical difficulties in relation to the organisation of such flights for the repatriation of illegal immigrants in respect of whom the relevant travel documents have been obtained. It is considered that improved cooperation with third countries of origin in relation to the procurement of travel documents would enhance the use and added value of such joint flights. The Common standards and procedures for returning illegally staying third-country nationals Regulations, 2011 were adopted with a view to transpose Directive 2008/115/EC. 5.3 Actions against human trafficking Specific context In 2010 the Office of the Prime Minister appointed an Anti-Human Trafficking Coordinator to address issues related to human trafficking, as well as to coordinate the drafting and eventual implementation of a Human Trafficking Action Plan Developments within the national perspective

16 Pursuant to the appointment of Malta s first Anti-Human Trafficking Coordinator by the Prime Minister in 2010, the Prime Minister established a Monitoring Committee, which convened for the first time in May The Committee members are major stakeholders in the sector, including the Attorney General, the Commissioner of Police and the Permanent Secretary, Ministry for Justice and Home Affairs. The scope of the Committee is to monitor the implementation of commitments relating to the fight against human trafficking by the competent authorities, be this in this sphere of prevention, prosecution of offenders or the protection of victims. Training for governmental as well as non-governmental stakeholders, delivered by experts from IOM (Washington), was held on th June Participants included officers from the Office of the Attorney General, the Police, the Employment and Training Corporation, Aāenzija Appoāā (Malta s social welfare agency), the Migrant Health Unit and two NGOs, namely the Jesuit Refugee Service and Caritas. This training project was co-financed by the United States G-TIP Office (Washington) and the United States Embassy in Malta. During its meeting of 30 th September 2011, the Monitoring Committee formally approved Malta s first Action Plan on Combating Trafficking in Persons, which was subsequently published on the Ministry for Justice and Home Affairs website on 4 th October The Action Plan, the implementation of which will be monitored by the Monitoring Committee, has the following objectives: 1. Consolidation of current procedures and initiatives relating to trafficking in persons; 2. Identification of areas of concern requiring action; 3. Enhancement of accountability in relation to the delivery of actions within the National Action Plan; 4. Provision of the necessary tools and resources for the development of a holistic strategy in the fight against trafficking in persons; 5. Raising awareness among Public Authorities in relation to the importance of trafficking cases with a view to register greater effectiveness in relation to the prosecution of cases and the identification of victims; and, 6. Where necessary, enhance the Administrative Capacity of Maltese authorities to deal with Human Trafficking cases. The Action Plan, which covers the period 4 th quarter th quarter 2012, provides for actions aimed at preventing human trafficking, prosecuting offenders as well protecting victims. The Maltese authorities, through the Ministry for Justice and Home Affairs, have also teamed up with IOM, who will be assisting in the implementation of the National Action Plan through the Launching Initiatives supporting Malta s efforts to Suppress trafficking (LIMES) project. The project envisages further training for local stakeholders, assistance in the establishment of a formalised referral mechanism and an awareness campaign among other measures. A meeting between IOM experts and the Monitoring Committee, as part of the initial phases of implementation, was held on 4 th November 2011.

17 In 2011 a Trafficking in Human Beings case, involving victims of Romanian nationality, appeared before the Maltese Criminal Courts of Justice. The case is still sub-judice. The Police report that in addition to the trafficking in persons case in June 2011, there were two other investigations regarding allegations of such crime in the same year. The first case relates to allegations of trafficking in women for sexual exploitation, which investigation led to the arraignment of one person, charged for keeping a brothel and living off the earnings of prostitution of these women. The other investigation is still ongoing. In November 2011, the Police also concluded one mutual request for assistance with Russia. This entailed court hearings of Maltese nationals that the Russian Authorities have indicated as persons allegedly involved in activities related to the trafficking of human beings. The Malta Action Plan stipulates that a Task Force would be set up during the 4 th quarter For the purpose, the Anti Human Trafficking Coordinator is currently in the process of recruiting representatives working at operational level coming from the Government Ministries and Agencies concerned. The Task Force will be expected to contribute to the implementation of the aforementioned Action Plan, to discuss operational issues, in particular liaison among the entities concerned, as well as to make proposals to the undersigned and/or the Monitoring Committee. In December on-line training sessions were conducted by Polaris Washington for first contact volunteers working with Aāenzija Appoāā, who are operating the national hotline Developments from the EU perspective In June, an official from the Ministry for Justice and Home Affairs attended the 2nd meeting, held in Budapest, organised for the National Rapporteurs on Trafficking in Persons, a forum presided by the EU Anti-Trafficking Coordinator, Ms M Vassiliadou. In October the Ministry and the Police were represented in a seminar organised by Frontex in Warsaw commemoration the 5 th Anniversary of the EU Anti Trafficking Day. In November 24 th a Police Inspector within the Vice Squad and Economic Crime Unit as well as an official from the Ministry for Justice and Home Affairs attended the 3 rd Annual International Symposium on Preventing Human Trafficking held in Brussels. In the following week (30 th November 1 st December) the same 2 officials participated in a working seminar entitled Management Models within the Field of Combating and Preventing Trafficking in Human Beings. During this workshop participants discussed cooperation between the Member States in this field.

18 6. BORDER CONTROL 6.1 Control and surveillance at external borders Specific context The Armed Forces of Malta (AFM), which is responsible for maritime border surveillance, is continuing with its modernisation process, funded to a significant degree by the External Borders Fund. Improved operational and command and control capabilities delivered by this modernisation were demonstrating significant improvements in the ability of the AFM to secure the Union s southern borders both on a local basis as well as when deployed to assist other Member States within the framework of Joint Operations. The Armed Forces of Malta (AFM) continued to deliver operational support to JO Poseidon in Greece with the rotation of 3 detachments of coastal surveillance teams during The Malta authorities were also involved in preparations related to the implementation of the Phase II Part II of the Schengen Information System (II) Project Developments within the national perspective To counter the threat of irregular migration that developed in 2011 due to the Arab Spring, the Armed Forces of Malta, more than doubled its offshore maritime patrolling activities and attained an enhanced and sustained maritime domain awareness. Such enhanced capabilities facilitated prompt and more efficient operations when craft packed with large numbers of irregular migrants were identified. Through such operations, over 1500 persons were rescued and brought to Malta. Another even larger number of migrants were closely monitored to guarantee their safety until forces from other Member States could intervene. Training at a national level was conducted as follows: National Training Number Activity No of Nights of persons GMDSS 2 6 V GOC 21 2 Air Navigation Developments from the EU perspective Malta s capacity to control the Blue Borders was enhanced considerably through the commissioning of further assets through co-financing from the External Borders Fund. Although this involved a considerable number of initiatives, primarily this involved the procurement of the first of two new King Air B200 maritime patrol aircraft. This was delivered to the AFM in early Through this aircraft, Malta can cover its area of interest in a more homogeneous and sustained manner utilising state of the art communications and detection equipment.

19 Moreover a contract has been signed for a second identical maritime patrol aircraft that will be delivered in Training related to the Frontex agency was also conducted as follows: FRONTEX Training Number Activity No of Nights of persons Air -Naval Coord. Trg 10 1 Coord. Grp Meeting 0 2 Crew Resource Management 4 8 FLIR Operator Instr. 5 1 Sea Survival Course 5 12 Common Manual 6 2 The Ministry for Justice and Home Affairs (MJHA) has identified the need for more Hardware and Software for the implementation and support of the Schengen Information System II (SIS II). Two separate purchases were made through the current contractor. In order to fulfil the new requirements mandated by the European Commission and confirmed by the December 2010 JHA Council, MJHA revisited the situation of the SIS II implementation in Malta, which resulted in the need for more Hardware and Software. Since this additional software and equipment is fully complimentary to the current infrastructure, the Ministry requested a quote from the SIS II Hardware Contractor. The objective for the first purchase of this additional software and equipment is to provide the appropriate infrastructure for: 1. the introduction of a security information management, log management and related backup solutions; 2. the proper functioning of the virtual infrastructure of the Malta Police Force (MPF) core national applications and the national Schengen information systems (SIS II and SIRENEII); 3. the upgrading of the adaptive security devices; 4. the automation of functional, regression and performance tests. The objective for the second purchase of the additional equipment is to increase the capacity of the storage area networks (SAN) of the national SIS II solution. Since this additional equipment is an upgrade of the current SAN, the Ministry requested a quote from the SIS II Hardware Contractor for this purpose. MJHA made further consultations with its software consultants responsible for the implementation of the national SISII solution, whereby options offered by the hardware contractor were analysed. The chosen hardware resulted to be the cheapest option, as well as fulfilling the new requirements mandated by the European Commission. 6.2 Cooperation with respect to border control Specific context The Armed Forces of Malta cooperated and participated in various ways as follows:

20 Participation in Frontex Joint operations in operational areas outside the central Mediterranean (JO Poseidon) Participation in the European Patrols Network programme designed to coordinate individual national patrol efforts. Participation in commission-led surveillance programmes such as EUROSUR and CISE Attended various seminars including the Expert Group Meeting on Migrant Smuggling by Sea organised in Vienna by UNHCR Developments within the national perspective Not applicable Developments from the EU perspective Malta is attaching particular importance to the Coordinated Needs Assessment for Libya relating to Integrated Border Management. In fact, an expert in maritime border surveillance from the Armed Forces of Malta is serving on the team to be deployed by the European Union to Libya to carry out this needs assessment.

21 7. INTERNATIONAL PROTECTION, INCLUDING ASYLUM 7.1 Specific context Assistance was provided to Malta in 2009 by the French authorities with 95 beneficiaries of international protection being resettled to France as part of a project co-financed under the European Refugee Fund Community Actions. Germany also assisted Malta on a bilateral basis with the resettlement of 11 beneficiaries of international protection from Malta. The implementation of the first phase of the Pilot Project for the intra-eu relocation of beneficiaries of international protection from Malta (EUREMA) began in January Member States agreed to participate in the Pilot Project and approximately 255 places were offered: France (90), Germany (100), Hungary (8-10), Luxembourg (6), Poland (6), Portugal (6), Romania (7), Slovakia (10), Slovenia (10), and the United Kingdom (10). By the time the project came to a close, 227 beneficiaries were relocated to 6 Member States as seen below: Member State Number relocated France 95 Germany 102 Luxembourg 6 Portugal 6 Slovenia 8 United Kingdom 10 Total 227 Following unanimous agreement by the Member States, in November 2009, to seat the European Asglum Support Office (EASO) in Malta, negotiations between the Government of Malta and the European Commission on the establishment of EASO commenced. Negotiations focused on the Seat Agreement between the Government of Malta and the European Asylum Support Office, the upgrading of EASO building and logistical arrangements. During this period support was provided by the Maltese authorities for the establishment of the European Asylum Support Office. It is pertinent to mention that similar to previous years, during 2010 Malta benefitted from the United States Resettlement Programme. A total of 244 beneficiaries of international protection were resettled in the United States during that year. 7.2 Developments within the national perspective There has been a significant increase in the number of asylum seekers in It must be noted that when compared to last year there has been a significant increase in the number of boat arrivals amounting to 1579, the absolute majority of whom sought international protection. There has also been a significant increase in the number of Libyan and Syrian nationals who sought international protection as a consequence of the major events that were occurring in North Africa and in the Middle East. One or two working days after their arrival in Malta, these potential asylum-seekers were provided with information on the asylum procedure, on their right to seek international protection and on the obligations attached to such procedure. Information was delivered through different communication means, including verbally with the help of trained interpreters, through an audio-visual presentation and a booklet, both available in eleven different languages. These various means are used in order to make sure that the information given reaches all persons with different level of education, as well as different cultural backgrounds. Potential asylum seekers, who agree to apply for international