Issue link: https://maltatoday.uberflip.com/i/1024340
12 maltatoday | SUNDAY • 9 SEPTEMBER 2018 MAYORS in Marsa and Ham- run have justified new anti- loitering by-laws as a way to clamp down on unruly be- haviour in their localities, which has been linked to the increased presence of foreign communities. But human rights NGOs are concerned that such laws are encouraging racial profiling. Hamrun has recently joined Marsa in enacting a by-law against loitering which is de- fined as the "persistent pres- ence of any person for no ap- parent reason" in the streets of these two neighbouring lo- calities. Any person who is found loi- tering in these two localities can be liable to a fine of €65. Sociologist Angele Deguara, an activist for Moviment Graffitti, is concerned about the legal repercussions of an- ti-loitering laws on civil liber- ties and individual freedoms due to the vague definition of loitering. "This could see a person be- ing arrested just by being pre- sent in a locality for a certain amount of time and who the police may feel should not be there, thus constraining the freedom of individuals to a considerable extent," Deguara told MaltaToday. Marsa was the first local- ity to introduce a law against loitering in June. It was the second by-law approved by the council, following another prohibiting the consumption of alcoholic beverages on the locality's streets, approved last year. Last week Hamrun mayor Christian Sammut an- nounced that his locality was following suit by approving similar by-laws. The by-laws have been supported by all councillors, including the Na- tionalist minority. Sammut admits that he was initially hesitant about adopt- ing this approach. "I do not like a Big Brother approach which stifles people and turns the locality into some sort of prison. But the situation is now becoming intolerable," he said. Sammut also claims that fol- lowing the introduction of by- laws against drinking in public spaces and loitering in Marsa, "abuse" started shifting to neighbouring Hamrun. On his part, Marsa mayor Frans Debono is glad that Hamrun is adopting the same approach as his locality. "It makes sense to have similar laws in both localities to avoid anti-social behaviour mov- ing from one locality to the other." Christian Sammut justi- fies his change of heart by referring to the "fear" reign- ing in his locality. "People are afraid… There are peo- ple begging, others get drunk and sleep in public spaces … and there have been fights," he said, referring to a recent violence street fight between groups of Syrian residents. While the law is aimed at both Maltese and foreigners, the Hamrun mayor insists that "the majority of these abuses are committed by foreigners." Writing on Facebook last week, Sammut was more cate- gorical linking these problems to the "large amount of for- eigners", particularly migrants moving freely to Malta from Italy, due to Schengen regu- lations. He referred to an in- crease in homelessness among migrants some of whom he has seen living on the street. Sammut admits that for- eigners also contribute to the locality's economy and that some have established roots within it. He also points out that the council has often reached out to this segment of the population on matters like waste collection. Both the Marsa and Hamrun mayors insist that they have nothing against foreigners, that the by-laws are aimed at deterring abuse and exploita- tion of migrants. In fact, the Marsa mayor makes it clear that the main aim of the by- law in his locality was to stop migrants from "loitering" for work. While recognising that mi- grants are contributing to the economy he feels that the other side of the coin can no longer be ignored. And his concern is not just about what residents have to contend with in their daily lives. "We need to respect the dignity of migrants…. but it is wrong to exploit them by renting them shabby places and offering one time jobs by picking them from the road… and all this simply creates more tension in the locality." Debono insists that he has nothing against immigrants working in Malta and agrees NEWS Hamrun and Marsa have enacted anti-loitering laws that will enable the police to remove migrant workers soliciting for work in public areas, but human rights workers fear this is just another act of racial profiling When 'persistent presence' becomes a crime JAMES DEBONO DEBONO