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