Maltese citizens have not been allowed into Libya over the last few days. Can you explain why Switzerland’s decision is affecting Maltese citizens?

European passengers were not allowed to enter Tripoli upon their arrival at the airport; amongst these travellers were nineteen Maltese. This was all due to a dispute between Libya and Switzerland, with the end result of having people stranded at Tripoli. When I first heard the news, it reminded me of the The Terminal, film starring Tom Hanks, in which he plays an eastern immigrant stranded at JFK airport due to problems of this nature. But this is no film now, with a volatile diplomatic concern looming.

This famous Schengen acquis developed as a result of the Amsterdam Treaty of 1997, which incorporated the Schengen Agreements into the mainstream of European Union law. Consequently a borderless travel zone was created by the Schengen Agreements, the Schengen Area, which currently consists of 25 European countries, namely the 22 EU nations together with Norway, Iceland, and of course Switzerland.

To put you in the picture, this seems to have started back in 2008 when Hannibal Gaddafi, the son of Libyan leader Muammar Gaddafi, was arrested with his wife on charges of mistreating two domestic employees. After the arrest in Geneva, Libya cut oil supplies to Switzerland and withdrew more than $5 billion dollars in assets from Swiss banks. Two Swiss businessmen were not allowed to leave the country, and subsequently they were tried on visa violations.

The two countries have been locked in a row over the treatment of these Swiss nationals in question, who were sentenced to 16 months in prison over alleged charges of overstaying their visas, but a Libyan court eventually overturned the sentences. The row had also augmented again in November when Switzerland asked the 25 Schengen signatories to restrict visas to Libyan passport holders. This escalated to a point whereby Libya took the decision to stop issuing visas to citizens of the EU Schengen free-travel zone.

Now as we know, non-EU member Switzerland is a signatory, swelling the issue to a new dimension. Following that request, Libyan Prime Minister Baghadadi al-Mahmoudi and other senior officials were denied Schengen visas. Switzerland had denied visas to 188 Libyans, including Gaddafi, members of his family and other senior officials. Libyans not being allowed into Switzerland means they cannot be allowed into the Schengen area, and by applying the doctrine of reciprocity Libya is now preventing travellers originating from the Schengen area entry into Libya. Essentially this is the situation that is present today.

The European Commission meanwhile declared the Libyan decision as being “unilateral and disproportionate.” EU commissioner for Home Affairs, Cecilia Malmstrom, showed her disappointment at the fact that travellers, who legally obtained visas before the suspension measure, as was the case with our co nationals, were refused entry when arriving in Libya.

It is a well-known fact that the EU is Libya’s greatest trade and export partner. And yet, the truth is that important trade and business relations may inevitably be put at risk by any further escalation on an EU-wide dimension. We have close relations, as do the Italians, with our Libyan counterparts, and it is reassuring to see how we are doing our utmost to influence the dissipation of this dispute.

Italy criticized Switzerland and urged the Swiss to sort out their differences with the North African country and its leadership. Italian Foreign Minister Frattini told Switzerland to resolve the issues, but not at the expense of everyone else. On the other hand, Switzerland’s foreign Minister has denied accusations that Schengen rules were broken, in turn blaming Libya for twisting this dispute into an EU wide issue.

I fully agree with Minister for Home Affairs Mifsud Bonnici, in the belief that refusing entry should be utilised as a tool for protection of national security or our citizens, not for other purposes. Our minister has been at the forefront of this issue, making sure that our interests are safeguarded in every respect. As I write this piece, it seems Switzerland and Libya are close to reaching an agreement. I am convinced that this dispute will be overcome, with the best tool possible: dialogue. Let us hope that things like issuing of visas and other mechanisms that affect every day citizens are not used any longer to convey political messages.