In this analytical and comparative survey, Professor HENRY FRENDO, who has chaired Malta’s Refugee Appeals Board since its inception in 2001, looks at shifts in provenance, motivation and other characteristics of those who appealed against the rejection of their application for refugee status in Malta between 2005 and 2007

Countries of departure

In 2006, as in 2005, the last country of departure of illegal immigrants who seek asylum in Malta has been Libya. In 2006 as many as 93 per cent of all appellants (678) came from Libya, a little more than in the previous year. A small percentage (12 per cent in 2005 down to 2 per cent in 2006) flew in from different airports in Europe, North Africa or the Near East. For the rest – those not arriving by boat via Libya – came from Turkey (3 per cent in 2005), the Ivory Coast or Tunisia, with isolated individual cases from Lebanon or Bulgaria.

Apart from the largely trafficked departures from Libyan ports in boat-rides procured at a price, what is even more telling is the duration of stays, usually, but not always, in Libya, prior to embarking on the voyage to Europe. 35 persons or 5 per cent had been mainly in Libya for more than 10 years before disembarking in Malta, while 19 or 3 per cent had been there for 5-10 years, and 101 or 14 per cent between two and five years. Most (252, or 34 per cent) had been in Libya for up to one year, with 142 or 19 per cent for about one month, i.e. effectively in transit on the mass illegal migration routes to Europe.

These figures compare with those for the previous year when 12 per cent had been in a third country, almost invariably, but not always, Libya, for more than five years before disembarking on Maltese shores (sometimes having been saved in search and rescue operations usually by the Maltese Armed Forces in Maltese waters). As many as 10 per cent had been in the country of departure for between two and five years, 22 per cent between one and two years, and 56 per cent up to one year. This shows fairly constantly that a slight majority, over 50 per cent, would have stayed in the country of departure, usually Libya, for up to one year, with the rest having lived and worked there for longer – often much longer. Thus, hardly any asylum-seekers come to Malta directly from their country of origin, and almost invariably, they have not applied, or even considered, applying for refugee status in any of the countries visited or lived in since leaving their home country, or alleged home country. The vast majority are not in possession of a passport or an identity document, many claiming to have lost these or had them confiscated en route.

Of all the appellants during 2006, 724 out of 732 or 99 per cent, had arrived/entered illegally; only eight persons or 1 per cent had entered Malta legally. This shows a considerable increase on 2005, when those entering Malta illegally were 84 per cent, with 16 per cent entering legally. The number of illegal entries would thus seem to be increasing further.

Age and gender characteristics

In 2006, the largest segment of appellants (335 or 45.77 per cent) were aged between 26 and 35 years. The second largest segment (266 or 36.34 per cent) were aged between 18 and 25 years. Only 26 said they were under 18 (3.55 per cent). For the rest, 70 (9.56 per cent) were aged between 36 and 45 years, 6 (0.82 per cent) between 46 and 50 per cent, and only two (0.27 per cent) were over 50 years old. There were 21 (2.87 per cent) accompanied minors (including a few new-born babes, one or two on the boats), and 6 or 0.82 per cent were of an unknown age.

Age claims are often found to be untrue after technical/medical tests, particularly when arrivals claim to be minors so as not to be detained. Normally accompanied and unaccompanied minors are not detained, nor are families with children. However, clearly enough, the majority of arrivals are aged between 18 and 35 years, i.e. younger persons of working age, evidently seeking better jobs and futures in Europe. This statistic should be read in conjunction with the findings on gender below. In 2005 our findings regarding age groups were similar, most being in their 20s and 30s; only 7 per cent were over 40 years old.

Typically, as in previous years, in 2006 most asylum-seekers were young adult males. As many as 87 per cent (640) were males. Only 71 or 10 per cent were females. 21 or 3 per cent were accompanied minors.

This statistic becomes clearer when looking at the stated reasons for claiming asylum. Most male adults are seeking better work prospects. A smaller number are evading military service, deserting the army, or are fugitives from justice. Few if any of these are ever females. Most boatloads usually comprise a token female presence with one, or perhaps two, children aboard. Of these, a number constitute families; occasionally couples claim to have been separated by traffickers in the process of being consigned to specific boats ashore, before leaving.

What this statistic also means, however, is that the country where asylum is being sought, in this case Malta, is increasingly under the stress of a increasingly disproportionate ratio between male and female residents. Moreover the great majority of males are relatively young and single. Additional light on this finding may emerge from the categories regarding religious beliefs and cultures, as well as educational standards, given below.

Standards of hygiene and health have so far not been analyzed here, but in a minority of cases various diseases diagnosed by attendant doctors, most of which had been eradicated from Malta, have been mentioned in the press.

Beliefs and cultures

In 2006, religious professions of illegal immigrants seeking asylum at the appellate level in Malta were as follows:

Muslims: 53.83 per cent (394); Catholics: 24.45 per cent (179); Orthodox: 15.98 per cent (117); Pentecostal: 2.05 per cent (15); Protestant: 0.68 per cent (5);Other (including 2 Jehovah Witnesses): c. 3 per cent.

In 2005, the percentage of Muslim appellants was 67 per cent, with only 13 per cent Catholics. The rest were Protestants, Orthodox, other mainly Christian denominations and sects, with a few Hindus (3 per cent).

At first instance, the percentage would be higher, particularly because of the Somali applicants, to whom Malta, almost invariably, grants humanitarian protection and assistance in deference to a standing UNHCR recommendation.

The implications for the host country, which has been traditionally very largely homogeneous and almost entirely Catholic, can be significant. Historically a Catholic bulwark against the advance of Islam and the Ottoman Empire, Malta’s religious-cultural make-up among the ever-growing population is anyway changing at a fast and growing rate, with a relatively high proportion of Arab-Maltese marriages. So far, however, the Muslim population has grown to some 3 per cent and there is still only one big mosque (financed by Gaddafi in Mintoff’s time) with a growing Islamic school adjoining it. On the other hand, for humanitarian reasons Catholic NGOs are foremost among those hosting and assisting asylum-seekers of whatever religious affiliation these may be, while efforts are being made towards facilitating integration (state schools, clinics and hospitals are free).

Educational standards

In 2006 most asylum-seeking appellants in Malta had either never attended school and were illiterate (40 per cent, or 289) or else they had attended primary school classes (36 per cent or 267). Only 17 per cent had been to a post-primary or secondary school (125), 5 per cent had been to a high school, and 2 per cent (14) to a tertiary institution such as a college or university.

These figures compare with 2005 and are not dissimilar. 35 per cent had never been to a school and were illiterate while 33 per cent had been exposed to some level of elementary schooling. In other words, in 2006 some 76 per cent were illiterate or semi-literate while in the previous year the corresponding percentage was 68 per cent. Some 10 per cent in all had been to secondary school, high school, college or university.

These statistics can be misleading because many of these appellants are (were) literally sons of the soil, coming from farming backgrounds. This means that while lacking a formal schooling several among them would have had practical experience in herding, farming, breeding, dairying or crop production of various kinds. However, from the point of view of integration, this places further pressures on a small and new island state such as Malta, where secondary education has been compulsory since 1947 and university free since 1970. It increases the need for more resources to combat illiteracy and it may well make any integration more difficult. Unfortunately farm land is extremely limited, with agriculture accounting for a small fraction of GDP, so there is little scope for any farming expertise to be put to good use on the island.

This data covers appellants whose cases have been adjudicated from November 2006 to May 2007. The most important reason given may be categorised as country instability. Such ‘instability’ accounts for 28 per cent of cases (42 persons). The second most important general reason given (19 per cent, 27 persons) may be said to fall within the bracket of ‘politics’, persons allegedly at odds with the governing party, or dissatisfied with its performance.

In both categories, corruption and a lack of Western-style democracy play a part, but complaints tend to be of a general nature or lacking in credibility, not strictly related to Convention definitions of refugee status (a well-founded fear of persecution). A third and most sincere reason for claiming asylum (15 per cent or 22 persons) is simply economic; poverty, drought, bad pay, lack of job opportunities and harsh labour conditions. As many as 10 per cent (14) left because they did not want to undergo military service in their home country, while 9 per cent (13) had committed, or been accused of having committed, a criminal act of one kind or another (murder, manslaughter, theft, fraud, tribal violence). Others said they had family problems (6 per cent, 8 persons); or religious problems (5 per cent, 7 persons), such as wishing to convert from Christianity to Islam or vice-versa; while two per cent or three persons wished to further their education in Malta, such as learning English, even saying they would then return home. There were other miscellaneous cases, but generally not cases warranting status.

This analysis of statistical compilations (which I undertook with the help of the Board’s secretariat) are indicative of the nature of the influx being faced by Malta in the mass migratory phenomenon hitting Europe at the frontier, especially the Mediterranean island borders and the two smallest EU member states, Malta and Cyprus.

Part I was carried last Monday.