The Spanish government’s decision to send a military aircraft to take most of the 51 illegal immigrants on board a Spanish trawler outside Malta’s territorial waters is an important victory for Malta.
Malta’s steadfastness and resolve to stick to its guns in this affair has sent a clear message to the European Union and other Mediterranean countries that even though we are small and not “powerful”, the government and the people will not be treated like children but with respect like any other EU member.
The issue of illegal immigration has topped the agenda in Malta for many, many months. Locally, we are aware of the direct and indirect effects of this phenomenon on Maltese society, however we have never, in the past, successfully convinced the EU that we had a problem that was too big to handle on our own and that we needed urgent help.
When the matter was taken up in the European Parliament, following a visit by a parliamentary delegation to the detention centres in Malta, people started to take notice of little Malta. Within days, unfortunately, the impetus to get the EU and member states to provide Malta with help or to carry part of the burden, faded. Malta, once again, in spite of all the kind words from the European Commission, was still having to deal with a regular influx of irregular immigrants on its own.
Yet, the saga involving the Spanish trawler which saved 51 immigrants on board a boat in international waters was just what Malta needed to raise the stakes. The vessel had picked up the illegal immigrants in Libya’s search and rescue area and, therefore, Malta was under no obligation to take them in. In spite of pleas from the trawler’s captain to enter Maltese waters, the Maltese government refused to give its permission. The government continued to insist that Spain, since the immigrants were on board a Spanish trawler, had to accept them.
The Spanish government’s decision to send a plane to pick up most of the immigrants yesterday vindicates the Maltese government’s position. The Jesuit Refugee Service commented yesterday that “a very disturbing trend among EU states to place border control considerations above human solidarity and respect for basic human rights, which they are bound by law to respect”.
We agree with the JRS up to a point. Human considerations must always take precedence yet for once Malta had to play the “tough guy”. If Malta had given permission to the Spanish trawler to enter Maltese waters, it would have sent the wrong message – “we don’t know how to say no”. It would have weakened Malta’s bargaining power with the EU. It would have weakened the island’s claims that it had reached its limits.
If any Mediterranean country had the impression that Malta was easy fodder, the government’s stand in this case proves otherwise. Malta is willing to help immigrants and fulfil its international obligations but only if the other countries share the responsibility and burden.
The saga has set an important precedent. It may not have boosted Malta’s image in Spain or in some EU countries, but it has certainly shown the EU that we are no pushovers.
As European Justice Commissioner Franco Frattini said on Wednesday, “this is a test case on how we handle this sort of situation”. The problem is that similar cases will occur in the coming weeks and months. The root of the problem is North Africa and until countries like Libya boost their efforts to stem the outflow of illegal immigrants, Malta, Spain, Italy and the EU will continue to receive boatloads of people.
The European Union plans to create rapid-reaction teams of border guards to boost surveillance of Europe’s southern coasts and prevent illegal African migrants from entering the bloc. This is an important step forward. It is but the beginning of a long process.