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NGOs: EU Confirms Malta’s Failure to Address Corruption and Rule of Law Issues
Last changed: July 30 2024 12:47 by PCLMedia
Several civil society organizations announced on Tuesday that a recent European Commission report confirms Malta’s persistent failure to tackle corruption and strengthen the rule of law.
"None of the recommendations from the European Commission's previous report have been implemented this year. Instead, this year’s recommendations merely reiterate unresolved issues. This demonstrates the government’s lack of commitment to addressing corruption and fortifying the rule of law," stated NGOs Repubblika, aditus SOS Malta, and The Daphne Caruana Galizia Foundation.
Despite the European Commission noting "some progress," the NGOs argued that this supposed progress consisted only of empty promises from the government. They emphasized the need for reforms to ensure the independence of the judiciary and criticized the government's excuses for its inaction.
Judicial Independence and Efficiency
The NGOs highlighted the government's failure to implement measures to strengthen the independence of specialized tribunals, noting a lack of transparency and progress. The European Commission acknowledged efforts to improve the judicial system's efficiency but reported no significant improvement in results.
"Court cases are still taking too long," the NGOs reiterated. They attributed the delays to major administrative issues and a shortage of human resources, deeming these problems a government responsibility. They called the delays a violation of the right to a fair and timely hearing, particularly affecting crime victims. The judiciary remains "on the brink of collapse," as noted by the Association of Judges and Magistrates.
Corruption Investigations
The European Commission noted progress in corruption investigations, specifically mentioning the hospitals’ inquiry. However, the NGOs pointed out that this progress was driven by civil society efforts despite government obstruction. Prime Minister Robert Abela attempted to undermine the inquiry and the subsequent prosecution.
The NGOs highlighted the European Commission’s "devastating observation" that Malta had not successfully convicted anyone despite widespread government corruption, showcasing the rule of law's weakness.
Journalist Protection and Media Independence
Regarding legislative changes to protect journalists, the NGOs criticized the government for ignoring recommendations from the public inquiry into Daphne Caruana Galizia's murder. "The government has not published the promised White Paper on legal reforms in this sector. Journalists in Malta still face the same risks that led to Daphne's assassination."
The NGOs also noted that the government had not taken steps to strengthen public broadcasting independence or ensure transparency in government media spending, echoing the European Commission's concerns.
Anti-Corruption Measures
Recommendations from the Daphne Caruana Galizia public inquiry to strengthen anti-corruption measures remain unimplemented. The NGOs stressed that this inaction perpetuates a culture of impunity, which contributed to Daphne’s murder.
Despite Malta's supposed National Strategy Against Fraud and Corruption, it remains unimplemented. The Permanent Commission Against Corruption has not led to any prosecutions or convictions, highlighting its ineffectiveness.
Other Concerns
The European Commission reiterated concerns about numerous direct appointments of trusted persons in the government, the lack of effective whistleblower protection, corruption risks in public procurement, and the controversial sale of passports. The Commission also renewed a long-standing recommendation to establish a National Institution for Human Rights.
"A government that continuously ignores such recommendations is hostile to human rights," the NGOs asserted. They called for the implementation of European Commission, Daphne inquiry, and Venice Commission recommendations through effective consultation with civil society.
Press Freedom in Europe
In a separate statement, the Media Freedom Rapid Response (MFRR) coalition welcomed the 2024 European Commission’s rule of law report but highlighted ongoing threats to press freedom in Europe. It noted that Malta, Greece, Italy, and Slovakia had made insufficient progress in ensuring journalists' safety from physical harm and abusive lawsuits.
The MFRR emphasized that Malta had not significantly improved the situation for journalists since Daphne Caruana Galizia’s assassination. Only two recommendations from the public inquiry had been implemented, with the proposed media legislation stalled in the Maltese parliament.
Additional Information
European Commission Report: The European Commission publishes an annual rule of law report, assessing each EU member state's adherence to the principles of the rule of law, including the independence of the judiciary, anti-corruption measures, and media freedom.
Daphne Caruana Galizia: Daphne Caruana Galizia was an investigative journalist in Malta who was murdered in 2017. Her assassination sparked international outrage and led to calls for greater protections for journalists and thorough investigations into corruption.
Permanent Commission Against Corruption: This is a body in Malta tasked with investigating and preventing corruption. However, it has faced criticism for its ineffectiveness and lack of successful prosecutions.
Media Freedom Rapid Response (MFRR): MFRR is a coalition of organizations that monitors violations of press and media freedom in Europe and provides support to journalists under threat.
Government's Response to EU Report and NGO Criticisms
The Maltese government has responded to the European Commission's report and the criticisms from NGOs regarding its handling of corruption and rule of law issues.
Commitment to Reform
In an official statement, the government reiterated its commitment to addressing corruption and strengthening the rule of law. It emphasized that various reforms have been implemented over the past year, though the impact of these reforms may not yet be fully visible.
"We acknowledge the European Commission’s concerns and the critical feedback from civil society organizations. We remain committed to ongoing reforms and to ensuring that Malta adheres to the highest standards of governance," the government spokesperson said.
Judicial Reforms
The government pointed to several initiatives aimed at improving the efficiency and independence of the judiciary. These include increased funding for the judicial system, the appointment of additional judges and magistrates, and ongoing digitalization efforts to streamline court procedures.
"We have made significant investments in our judicial infrastructure and human resources. The delay in court cases is a historical issue, and while progress is gradual, we are confident that the steps we are taking will yield positive results in the long term," the spokesperson added.
Anti-Corruption Measures
Regarding anti-corruption measures, the government highlighted the establishment of new bodies and frameworks designed to combat corruption. This includes the introduction of stricter regulations for public procurement and the launch of initiatives aimed at enhancing transparency and accountability in government operations.
"We have introduced rigorous measures to address corruption at all levels. These measures are part of a comprehensive strategy to ensure that Malta's public administration operates with integrity and transparency," the government stated.
Protection of Journalists and Media Freedom
In response to concerns about the protection of journalists, the government emphasized its commitment to safeguarding freedom of the press. It pointed to legislative proposals currently under consideration in parliament, aimed at enhancing protections for journalists and ensuring their safety.
"We are actively working on legal reforms to protect journalists and promote media freedom. The tragic murder of Daphne Caruana Galizia remains a profound reminder of the importance of these issues, and we are dedicated to making the necessary changes to prevent such events in the future," the spokesperson noted.
Engagement with Civil Society
The government acknowledged the role of civil society organizations in highlighting areas needing improvement and expressed a willingness to engage in constructive dialogue. It called for collaboration to ensure that reforms are effective and sustainable.
"We value the input of NGOs and civil society. Their insights are crucial in shaping policies that address the concerns of our citizens. We invite these organizations to work with us to achieve our common goals of justice and good governance," the government concluded.
European Commission's Recommendations
In response to the European Commission’s recommendations, the government committed to a detailed review and implementation plan. It assured that efforts to establish a National Institution for Human Rights and to improve the protection of whistleblowers are underway.
"We are taking the European Commission’s recommendations seriously and are developing an implementation roadmap. These recommendations are integral to our reform agenda, and we are determined to address them comprehensively," the spokesperson affirmed.
The government’s response underscores its intention to continue reforms and collaborate with all stakeholders to enhance Malta's governance, judicial efficiency, and anti-corruption framework. However, it remains to be seen how these commitments will translate into concrete actions and visible improvements in the coming months.
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