Neutrality is at the heart of the Maltese notion of statehood and is enshrined in the third article of the first chapter of the Constitution. The Maltese government’s agreement to the European Union's military campaign to intervene against human traffickers in Libya is a breach of the neutrality clause. Alleanza Bidla will start crowd-funding (collecting money) today to take the government to court to block this unconstitutional military venture.
A military intervention in Libyan waters, air or land against the wishes of both the Tobruk and Tripoli governments would constitute an invasion of a sovereign state and obviously breaches the neutrality clause. Furthermore, any such intervention is more likely to destabilize Libya further rather than stem the flow of migrants.
The Constitution also prohibits Malta from joining any military alliances. The government’s participation in preparing an EU military planning document and agreement for any military intervention is therefore itself a breach of the constitutional non-alignment (even if Malta does not actively participate in the military missions at a later stage).
Finally, the Constitution also requires Malta to actively pursue “peace, security and social progress among all nations”. It is argued that the Maltese government is also in conflict ,with this requirement since, for the past four months, our government has ignored several request by the Tripoli government to hold peace talks with representatives from the Tobruk government in Malta under the auspices of the UN. (When I write ignored I mean that the Maltese government did not acknowledge receipt let alone even bother to answer the official letters sent by the Tripoli government.)
The breach of the Constitution raises questions domestically, at European level and internationally. Domestically, we are forced to question if the government and the Opposition are truly fit for purpose. The PL government has agreed to a constitutionally questionable military campaign without even attempting to legitimize it with a parliamentary vote. Actually, without even bothering to inform the government’s own MPs or Parliament and without arguing their case in public.
To make matters worse, when this Watergate-like behaviour is exposed, the reaction of the supposedly main opposition party is, well, nothing? The PN always doubted the value of neutrality. This is a perfectly valid political position. But I would, at the very least, have expected the PN to protest a breach of the Constitution. But it seems that the PN can’t even manage the pretence of political opposition anymore.
When we see the European Union planning military action in Libya, it is yet another step towards the long standing dream of a single EU army. Malta has a formal derogation to protect our neutrality. But as the EU takes more steps to become a military alliance, the conflict with our Constitution becomes manifest. The promise of the PN when we joined the EU, that neutrality can be reconciled with membership, has proved to be empty.
We find ourselves obliged to reconsider our membership of the EU.
A military intervention requires approval of all 28-member states, including Malta. Alleanza Bidla will start crowd-funding today to pursue a court case against the government to stop this unconstitutional military campaign.
Anyone who wishes to contribute to peace and upholding the Constitution can do so by making a donation directly to the Alleanza Bidla BOV bank account or through our page entitled “EU military intervention in Libya unconstitutional” on www.ulule.com
The EU, to avoid an embarrassing retreat when the Maltese government is forced to retract its signature, should seek other ways to reach the stated goal.
For the international community, the most effective method to stop the human trafficking would be to re-establish a stable central government in Libya. The main issues impeding the establishment of such a central government are the fact that the major powers interact with the Tobruk government that only controls a small fraction of territory in the east. By doing so, they have welded themselves to one side in the Libyan civil war. The US, EU and member states refuse to recognize the actual government in Tripoli and have delayed the peace process.
The Maltese would be the first to agree that the human traffickers must be stopped. Our geographical location puts us on the front line of the Mediterranean migration crisis. However, the same geography also makes us the natural target for any retaliation by terrorist groups whose quarrel with the West can only be strengthened through an EU military campaign in Libya. For these reasons, we believe Malta should contribute actively to the creation of a stable government in Libya and avoid actions that will further destabilize the country and the region.
This would be entirely in line with the articles and obligations of our Constitution.
It is more important than ever that Malta uphold the Constitutional neutrality and work towards peace and stability in Libya. The Constitution is the cornerstone of our democracy. A government that breaches the Constitution is not legitimate. Since the opposition has not defended the Constitution in parliament it falls to us as citizens to defend it in Court. It is our responsibility as citizens to defend it in Court.
Contributions to the fund will be used to pay for the court case and related work.