A/HRC/22/44 Malta 31. The Government of Malta informed the Working Group of the measures taken in compliance with the recommendations issued in the Working Group’s report on its official mission to Malta in January 2009 (A/HRC/13/30/Add.2). 32. The Government of Malta referred to the recommendation concerning the strengthening of the status, powers and functions of the Ombudsman in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). The mandate of the Parliamentary Ombudsman as laid down in the Ombudsman Act (Laws of Malta, chap. 385) has been strengthened by various initiatives. An important legal development was the introduction of article 64 (a) in the Constitution which provides the Ombudsman the function of investigating actions taken by or on behalf of the Government or by such other authority, body or person as may be provided by law, in the exercise of administrative functions. Previously, the Ombudsman did not have this function. The new provision of the Constitution can only be amended or revoked by a resolution approved by a vote of two thirds of the members of the House of Representatives. The amendment ensures the Ombudsman the independent authority to scrutinize administrative actions by the Government. 33. The Government of Malta has been exploring the possibility of widening the mandate of the Ombudsman to allow it to function also as the country’s national human rights institution, rather than set up a new administrative structure, which may not be feasible due to financial and cost restraints. The Ombudsman has submitted a formal proposal to Government to implement this measure. 34. The House of Representatives approved a bill further amending the Ombudsman Act, empowering the Ombudsman to provide administrative and investigative services to specialized commissioners entrusted with the investigation of complaints in specific areas of public administration. The Commissioners appointed are to assist with improving good governance and provide citizens with an added mechanism to assist with seeking remedies against maladministration and malpractice. The Government has committed to providing the necessary funding resources for the expansion of the Ombudsman’s Office. 35. The Government provided information on various cases in which the Ombudsman effectively assisted in the protection of various rights, including the rights of rejected immigrants to marry and have a family; the right to worship by a group of Muslims; and the right of irregular immigrants to receive humanitarian protection and be reunited with their families. Two cases regarding discrimination on the ground of age (in relation to access to medical care) and employment on the ground of sexual orientation were also handled by the Ombudsman.3 C. Follow-up to the joint study on secret detention 36. The Working Group has considered how it can it can contribute to the follow-up of the joint study on secret detention (A/HRC/13/42) within its mandate and will continue this consideration in 2013. The Working Group will also address the follow-up of its own previous reports and opinions on detention and antiterrorism measures, taking account of subsequent developments including the length of detention of individuals. 3 GE.12-18935 Case Nos. K 0049, G 0028, K 0056 and H 0457. 15

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