The issue of irregular migration is complex.

While irregular migrants who are legally entitled to receive asylum must be given that protection, irregular migrants who are not entitled to asylum or subsidiary protection are sent back, and this ideally happens through voluntary returns schemes.

But regardless of the status of a person, they must be treated with dignity, respect and be offered the needed support throughout the entire process. The hell most would have gone through to reach Malta – mistreatment by human traffickers, a hard and deadly sea journey, it undoubtedly takes its toll. So even if an irregular migrant is not entitled to asylum status, we must ensure that they are treated well and given the support they need until they are either granted protection, or returned home.

When it comes to children, they must be granted even more care and support. They are the most vulnerable. According to UNHCR, unaccompanied children accounted for 19% of total sea arrivals in 2024, representing 45 individuals. This constitutes a 67% increase compared to 2023, when 27 unaccompanied children arrived.

Last Sunday, this newsroom published an interview with lawyer Neil Falzon, from the Aditus Foundation, who made some concerning points which should be addressed by the authorities.

“Children require protection, care and direction. These cannot be provided in the Safi Detention Centre,” he said. Falzon said that Aditus is not permitted to visit clients in their living quarters in detention, which makes it difficult to comment on conditions beyond what children themselves report. While acknowledging some improvements in living conditions, Falzon said that Malta still denies education to detained children. “They spend their days doing absolutely nothing: no schooling, no language learning, no leisure activities and nothing of what we would generally expect children to be doing,” he said.

Falzon also cited the experiences of clients who filed court applications, speaking about their treatment at Ħal Far and Safi centres. He said that the Court’s judgements are very clear: Malta exposes children to inhuman and degrading treatment and fails to protect them from illegal detention. He said that cases such as A.D. v. Malta and J.B. and Others v. Malta underline that children are denied care, protection and education in detention. “There are alternatives, and it is high time Malta started exploring them more actively,” Falzon said.

The case J.B. and Others v. Malta concerned the detention in a reception centre, for almost two months after their arrival, then for at least another four months in the Safi Detention Centre, of six Bangladeshi nationals who arrived in Malta in November 2022 after being rescued at sea. They alleged that they were 16-17 years old at the time. Five of the applicants were released in May 2023 and accommodated in an open centre for minors, while the remaining applicant who was found to be an adult, left Malta in August 2023 after his application for asylum was rejected, a statement by the ECHR read. The Court held that there had been a violation of the prohibition of inhuman or degrading treatment, a violation of the right to an effective remedy, a violation of the right to liberty and security and a violation of the right to have lawfulness of detention decided speedily by a court.

First of all, those NGOs that are there to provide legal and other forms of support to irregular migrants should have access to their living quarters, to ensure that people are living in good conditions. Secondly, Falzon’s concerns regarding unaccompanied minors need to be addressed. His statement regarding no schooling being given to these children is, quite frankly, shocking. Children have a right to education, and should be in a place which has leisure activities such as sports etc.

Falzon said that structural improvements and strengthened health services have been made, but the core problem remains: children are deprived of care and protection in a carceral environment.

His concerns should lead to a review of the present systems in place, and his concerns must be addressed.

He mentioned the issue of age disputes and said that they can delay release for months. He said that research has “consistently shown that detained children suffer severe psychological harm. They tend to suffer higher levels of anxiety, depression and delayed development. We see these in most of our clients who are children. They tell us how petrified they are at night, how unsafe they feel and how they long for a more normal and caring environment,” he said

Falzon recommended that Malta should move children out from carceral detention to child-appropriate facilities that provide education, leisure opportunities, and psychosocial support. He also urged the establishment of clear frameworks to prevent prolonged detention in age-dispute cases, the provision of independent guardians and legal assistance upon arrival, and the assurance that children have access to a meaningful daily routine. His recommendations are ones that can be easily implemented. The government should strive to improve the situation.