Issue link: https://maltatoday.uberflip.com/i/1060184
14 maltatoday | SUNDAY • 9 DECEMBER 2018 NEWS ANALYSIS PRIME Minister Joseph Muscat has thrown cold water on a suggestion made in cabinet by Equality Minister Helena Dalli to grant voting rights to non-EU na- tionals in local elections, by pointing out that this was not part of the Labour Party's manifesto, forgetting that even the citizen- ship by investment programme, which in- directly grants voting rights to those rich enough to buy citizenship, was introduced in 2014 without being in the party's 2013 manifesto. But with Malta becoming more cosmo- politan; can it afford to continue denying the vote to a significant minority of third country nationals who already accounted for 3.6% of Malta's population in 2009? Still in a context where the greatest con- cern on migration emerging from surveys is the sensation of being "invaded", any such proposal is bound to be politically controversial. As reported last week one of the crude reactions of a senior cabinet minister to Dalli's proposal was that of ask- ing whether "we want an African mayor in Marsa." While the Maltese government cel- ebrates cosmopolitanism especially as a motor of economic growth, it remains un- clear whether the country is heading to a model of integration where third country nationals can aspire to become part of the Maltese social fabric or one where they are regarded as permanent guests as happens in countries with a large turnover of tran- sient labour like Dubai. Bold steps like the government's recent decision to start issuing residence permits to long-term im- migrants who are not eligible for inter- national protec- tion but cannot be returned to their coun- try of origin signal a move towards greater inclusion. But granting political rights to long-term residents born outside the EU still seems a step too far in the present po- litical context. Who can vote, who can't? As things stand, an Italian or a German currently living in Malta can automatically vote and stand as a candidate in local elec- tions. Since the majority of foreigners liv- ing in Malta hail from the EU it is already possible that an Italian could get elected as a mayor of Marsa or any other Maltese locality. It has also been reported that the Italian 5 Star Movement is considering fielding a candidate for MEP elections in Malta due to the concentration of Italians in Malta. In contrast people hailing from the USA, Syria or the Philippines (or any non-EU country) who have lived in Malta for more than 10 years cannot vote in any election held in Malta. This is because while EU treaties ensure that nationals of EU Member States resid- ing in another Member State already have a right to vote and stand for local and Eu- ropean elections in their country of resi- dence, no such rules govern the rights of non-EU citizens even if they become an integral part of the community. At present the only way through which third country nationals can acquire the right to vote in Malta is by becoming Mal- tese citizens. This can be achieved through naturalisa- tion, a process where the final decision is at the discretion of the minister responsible for citizenship. The European Union De- mocracy Observatory (EUDO) citizenship observatory had described this process as overshadowed by the "singular non- reviewable discretion" which the Minister for Home Affairs enjoys in decisions on each case. Voting rights can also come as a result of acquiring citizenship through the Individual Investor Programme. But not all those who acquire citizenship in the way are eligible to vote because to do so they would also have to be included in the electoral register. In this context in Malta a refugee who has lived here for decades may still be excluded from any political participation unless he or she are granted citizenship following a lengthy and arbitrary naturali- sation process. Long-term residents from non-EU countries who have contributed to the local economy by paying tax, national insurance and through investments in businesses are also excluded from the political life of the nation. For example, a for- eigner who has opened a shop or restaurant in a Mal- tese locality will have no say in the election of local councils which take decisions on matters like waste collection and infra- structural upgrades which impact on his or her daily life. The situation in the EU There is no legislation at EU level that regulates the electoral rights of Third Country Nationals. Malta is currently one of 13 EU Member States that exclude third-country nationals from voting in local elections. These coun- tries include Austria, Bulgaria, Croatia, Cyprus, the Czech Republic, France, Ger- many, Greece, Italy, Latvia, Malta, Poland and Romania. This suggests that Malta is not alone in its uneasiness to including non EU nationals in local elections. But a majority of 15 of the 28 EU Mem- ber States allow some categories of resi- dent third-country nationals to participate in local elections. These states are Belgium, Denmark, Es- tonia, Finland, Hungary, Ireland, Lithua- nia, Luxembourg, the Netherlands, Portu- gal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Four of these states do not allow third- country nationals to stand as candidates in local elections: Estonia, Hungary, Lithu- ania and Slovenia. Six EU Member States extend voting rights to certain categories of non-nation- als to elections for regional representative bodies as well: Denmark, Hungary, Portu- gal, Slovakia, Sweden and the United King- dom. Conditions for Voting Even in countries where third country nationals are eligible to vote, this right is not granted automatically. The right to vote is often restricted by a number of con- ditions related to duration of residence, registration and the residence status of the person involved. Some countries, like Portugal, only grant the right to vote to nationals of countries who grant Portuguese nationals the right to vote in their country. The duration of residence required be- fore a third-country national is entitled to vote varies between three years in Den- mark, Estonia, Portugal, and Sweden, four years in Finland and five years in Belgium, Luxembourg, and the Netherlands. In Ire- land and the United Kingdom the general residence requirement applies for nation- als and non-nationals. Five states, Estonia, Hungary, Lithuania, Slovakia, and Slovenia grant voting rights only to third country nationals who have a permanent residence permit or long-term residence status, thus severely limiting the number of third-country nationals who can vote. Belgium also requires non-citizens to file an application for registration and to sign a declaration pledging respect to the Belgian Constitution and legislation. Some European countries have a long tradition of granting non-citizens voting rights at local level. In the UK these vot- ing rights were established upon the es- tablishment of the Commonwealth and in some cases predate the Second World War. In Ireland the municipal voting right No taxation without representation? They work and spend their money here. Some even invest their savings by opening a business or a company. Shouldn't they also have a say on how the localities in which they live are governed? Right of TCNs Municipal to stand as EU Voting Rights candidates Member for (some) in municipal State TCNs elections Austria NO NO Belgium YES YES Bulgaria NO NO Croatia NO NO Cyprus NO NO Czech Republic NO NO Denmark YES YES Estonia NO YES Finland YES YES France NO NO Germany NO NO Greece NO NO Hungary NO YES Ireland YES YES Italy NO NO Latvia NO NO Lithuania NO YES Luxembourg YES YES Malta NO NO Netherlands YES YES Poland NO NO Portugal YES YES Romania NO NO Slovakia YES YES Slovenia NO YES Spain YES YES Sweden YES YES United Kingdom YES YES JAMES DEBONO to long-term im- migrants who are not eligible for inter- national protec- each case. Voting rights can also come as a result of acquiring citizenship through the Individual Investor Programme. But not all those who acquire citizenship in the way are eligible to vote because to do so they would also have to be included in the electoral register. In this context in Malta a refugee who has lived here for decades may still be excluded from any political participation unless he or she are granted citizenship following a lengthy and arbitrary naturali- sation process. Long-term residents from non-EU countries who have contributed to the local economy by paying tax, national insurance and through investments in businesses are also excluded from the political life of the nation. For example, a for- eigner who has opened a shop or restaurant in a Mal- Minister Helena Dalli