| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
Title: Malta Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
MALTA
Malta is a constitutional republic and parliamentary democracy. The
Head of State (President) appoints as the Head of Government (Prime
Minister) the leader of the party that gains a plurality of seats in the
quinquennial elections for the unicameral legislature.
The police are commanded by a civilian commissioner under the effective
supervision of the Government.
The economy is a mixture of state-owned and private industry, with
tourism and light manufacturing as the largest sectors, and it provides
residents a moderate to high standard of living.
The Government is strongly committed to human rights. An independent
judiciary upholds the Constitution's protections for individual rights
and freedoms. Cultural and religious patterns reinforce the homogeneity
of society. Societal discrimination against women persists, and
domestic violence is a problem.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
On October 26, Fathi Shiqaqi, a leader of the Palestinian group, Islamic
Jihad, was shot and killed in Sliema.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits inhuman or degrading punishment or treatment.
There were no reports that officials employ them.
Prison conditions meet minimal international standards, and the
Government permits visits by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
The Constitution and law provide for freedom from arbitrary arrest,
detention, or exile, and the Government observes this prohibition. The
police may arrest a person for questioning on the basis of reasonable
suspicion but within 48 hours must either release the suspect or lodge
charges. Arrested persons have no right to legal counsel during this 48
hour period. Persons incarcerated pending trial are granted access to
counsel. Bail is normally granted.
e. Denial of Fair Public Trial
The judiciary is independent of the executive and legislative branches.
The Chief Justice and nine judges are appointed by the President on the
advice of the Prime Minister. There is a civil court, a commercial
court, and a criminal court. In the latter, the presiding judge sits
with a jury of nine . The Court of Appeal hears appeals from decisions
of the civil and commercial courts. The Court of Criminal Appeal hears
appeals from judgments of conviction by the criminal court. The highest
court, the Constitutional Court, hears appeals in cases involving
violations of human rights, interpretation of the Constitution, and
invalidity of laws. It also has jurisdiction in cases concerning
disputed parliamentary elections and electoral corrupt practices. There
are also inferior courts presided over by a magistrate.
The Constitution requires a fair public trial before an impartial court.
Defendants have the right to counsel of their choice, or (if they cannot
pay the cost) to court-appointed counsel at public expense. Defendants
enjoy a presumption of innocence. They may confront witnesses, present
evidence, and have the right of appeal.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution protects privacy of the home and prohibits electronic
surveillance. The Government respects these provisions. Police
officers with the rank of inspector and above may issue search warrants
based on perceived reasonable grounds for suspicion of wrongdoing.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press, and the
Government respects these rights in practice. However, the 1987 Foreign
Interference Act bans foreign participation in local politics during the
period leading up to elections. An independent press, an effective
judiciary, and a functioning democratic political system combine to
ensure freedom of speech and of the press, including academic freedom.
One biweekly, three daily, and seven weekly newspapers freely express
diverse views. Two government-owned television stations, an opposition
party television station, a commercial cable network, and eight private
radio stations also function freely.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly, and the
Government respects this right in practice.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice. The state- supported religion is Roman
Catholicism. The Government grants subsidies only to Roman Catholic
schools. Students in government schools may opt to decline instruction
in Roman Catholicism.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Government does not restrict arbitrarily movement within the
country, foreign travel, or emigration. A court order may prohibit the
departure from the country of anyone who is the subject of a formal
complaint alleging nonfulfillment of an obligation, such as nonpayment
of a debt or nonsupport of an estranged spouse.
Since 1992 the Government has granted temporary refugee status to over
1,000 persons, pending their relocation abroad, and cooperates with the
U.N. High Commissioner for Refugees. The Government expels or
repatriates persons it deems to be economic refugees.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens exercise this right in multiparty, secret-ballot elections held
every 5 years on the basis of universal suffrage for those 18 years of
age or over. In the 1992 election, 96 percent of the electorate voted.
Women are underrepresented in government and politics.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Various human rights organizations and persons interested in promoting
and protecting human rights operate freely. The Government places no
restrictions on investigations by international human rights groups.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution and law prohibit discrimination based on sex. The
Government respects this prohibition.
Women
There is no widespread pattern of family violence against women, but
continuing reports of such incidents have made plain that the problem
exists. A special police unit and several voluntary organizations
provide support to victims of domestic violence. For women who are
threatened or physically abused, the Government also maintains an
emergency fund and subsidizes a shelter.
Prostitution is a serious offense under Maltese law, and heavy penalties
are reserved for organizers. Rape and violent indecent assault carry
sentences of up to 10 years. The law treats spousal rape the same as
any other rape. Divorce and abortion are not legal.
The Constitution provides that all citizens have access, on a
nondiscriminatory basis, to housing, employment, and education. While
women constitute a growing portion of the work force, they are
underrepresented in management. Cultural and traditional employment
patterns often direct them either into traditional "women's jobs" (such
as sales clerk, secretary, bank teller, teacher, or nurse) or into more
rewarding jobs in family owned businesses or select professions (i.e.
academia or medicine). Therefore, women generally earn less than their
male counterparts, and many leave employment upon marriage. The
Government's Department of Equal Status of Women and women's rights
groups actively address women's issues. Legislation enacted in 1993
granted women equality in matters of family law, and a 1991
constitutional amendment committed the Government to promoting equal
rights for all persons regardless of sex. Redress in the courts for
sexual discrimination is available.
Children
The Government has expressed concern for children's rights and welfare
but addresses those concerns within the context of family law. Although
sensitive to children's rights, Parliament has failed to pass specific
legislation to protect children's rights. The number of reported cases
of child abuse has grown as public awareness has increased, but it is
not clear whether the actual number of incidents has increased.
People with Disabilities
The law protects the rights of the disabled. The 1969 Employment of
Disabled Persons Act led to greater employment of disabled persons in
government agencies. The 1992 Structures Act requires accessibility to
public buildings for people with physical disabilities. Overall
government and private sector efforts to advance the status of disabled
persons have been uneven.
Section 6 Worker Rights
a. The Right of Association
Workers have the right to associate freely and to strike, and the
Government respects these rights in practice. Only noncivilian
personnel of the armed forces and police are prohibited from striking.
There are 24 registered trade unions, representing about 50 percent of
the work force.
Although all unions are independent of political parties, the largest,
the General Workers' Union, is generally regarded as having close
informal ties with the Labor Party. There is no prohibition on unions
affiliating internationally.
Under the Industrial Relations Act of 1976, the responsible minister may
refer labor disputes either to the Industrial Tribunal (a government-
appointed body consisting of representatives of government, employers,
and employee groups) or to binding arbitration. The International Labor
Organization Committee of Experts objects to a provision of the Act that
permits compulsory arbitration to be held at the request of only one of
the parties, but neither unions nor employers appear to object to this
provision. In practice, a striking union can ignore an unfavorable
decision of the Tribunal by continuing the strike on other grounds. No
disputes were referred to the Tribunal in 1995.
b. The Right to Organize and Bargain Collectively
Workers are free, in law and practice, to organize and bargain
collectively. Unions and employers meet annually with government
representatives to work out a comprehensive agreement regulating
industrial relations and income policy.
Under the Industrial Relations Act, an employer may not take action
against any employee for participation or membership in a trade union.
Complaints may be pursued through a court of law, through a tripartite
(union-employer-government) tribunal, or through the Commission Against
Injustices (a government-appointed body composed of representatives of
the Government and the opposition); but most disputes are resolved
directly between the parties. Workers fired solely for union activities
must be reinstated.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution bans forced labor, and it does not occur.
d. Minimum Age for Employment of Children
The law prohibits employment of children younger than age 16. This is
generally respected, but there is some employment of underage children
during summer months, especially as domestics, restaurant kitchen help,
or vendors. The Department of Labor enforces the law effectively but is
lenient in cases of summer employment of underage youths in businesses
run by their families.
e. Acceptable Conditions of Work
The legal minimum wage, $117 (40.38 Malta liri) per week, provides a
decent standard of living for a worker and family with the addition of
government subsidies for housing, health care, and free education. Wage
Councils, composed of representatives of government, business, and
unions, regulate workhours; for most sectors the standard is 40 hours
per week, but in some trades it is 43 or 45 hours per week.
Government regulations prescribe a daily rest period, which is normally
1 hour. The law mandates an annual paid vacation of 4 workweeks plus 4
workdays. The Department of Labor effectively enforces these
requirements.
Enforcement of the 1994 Occupational Health and Safety (Promotion) Act
is uneven, and industrial accidents remain frequent.
(###)
[end of document]
Return
to 1995 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.