From Mr C. Buttigieg

Reference is made to the report on humanitarian protection in Malta (TMIS, 29 October).

According to the report, Dr Neil Falzon, UNHCR’s Senior Legal Adviser in Malta, commented that the UNHCR is generally satisfied with Malta’s Refugee Status Determination process, but “there are nevertheless disagreements on how humanitarian status is, or rather is not, granted in some cases”.

Also according to the TMIS report, in the case of Iraqi asylum seekers, UNHCR and the Office of the Refugee Commissioner “are at odds over their analyses of the safety in Iraq. While the Refugee Commission believes the whole of Iraq is safe for repatriation, the UNHCR is of the opinion that it is only the northern, relatively stable section of the country that could be considered safe for repatriation”.

The undersigned categorically denies ever having told the UNHCR, or anybody else for that matter, that I believe the whole of Iraq is safe. Such an allegation is a gross misinterpretation of the Office of the Refugee Commissioner’s position on the matter and REFCOM regrets it very much.

The last time Dr Falzon visited REFCOM’s office, on 7 September, he brought up the Iraqi issue. On that occasion, I repeatedly explained at length to Dr Falzon the following four points:

(a) At a certain point in the previous months REFCOM considered certain parts of Iraq as safe for certain Iraqi failed asylum seekers;

(b) REFCOM examines each case on its own merits and is always careful not to leave out anybody truly deserving of humanitarian protection;

(c) REFCOM had even recommended for humanitarian protection, ex officio, Iraqi citizens whose application for recognition of refugee status had been rejected by UNHCR, repeat UNHCR, but were still in Malta;

(d) REFCOM was reconsidering its position on Iraq in the light of further developments and advice obtained from other EU States.

If UNHCR knows of any particular case of a genuine Iraqi failed asylum seeker currently in Malta, who in UNHCR’s opinion has a just claim for humanitarian protection in Malta at this point in time, UNHCR is always free to come forward with the evidence.

In the meantime, one should also note that not all people claiming Iraqi origin are really Iraqi nationals.

The number of genuine Iraqis recommended by REFCOM for refugee or humanitarian protection in Malta according to the Refugees Act in the last five years was 57.

The facts speak for themselves.

According to the report, “the UNHCR finds itself in strong disagreement with the Refugee Commissioner” also regarding the issue of Eritreans. The report states that the UNHCR agrees that, generally speaking, humanitarian status has been granted in most cases where it has been warranted. However, “UNHCR recommends all Eritreans be given humanitarian protection

status”.

First of all, one should keep in mind that not all people claiming to be Eritrean provide convincing evidence that they are truly Eritrean nationals.

As regards Eritrean failed asylum seekers, REFCOM is of the opinion that not all people of Eritrean origin who do not fulfil the criteria to be recognised as refugees are in need of humanitarian protection in Malta according to the Refugees Act.

The issue of Eritrean asylum seekers was discussed at length by the EU states in a meeting held in Brussels last week. A REFCOM representative took a very active and leading part in the discussion. REFCOM is of the opinion that, as things stand, its current practice regarding Eritrean failed asylum seekers should stand.

Meanwhile, it should be noted that the number of Eritreans who were recommended by REFCOM for refugee or humanitarian protection in Malta in the past five years totals 576.

Since January 2002, REFCOM concluded the cases of 4,039 people. Of these, it recommended 180 people for refugee protection and 1,899 people for humanitarian protection.

REFCOM’s record as regards

protection percentages is clear enough.

Facts indeed speak for themselves.

Charles Buttigieg

Refugee Commissioner