Issue link: https://maltatoday.uberflip.com/i/1185664
OPINION 26 maltatoday | SUNDAY • 17 NOVEMBER 2019 I often find that if you want to understand a society, you should look at its laws first, because in those volumes you will find the will and the values of the people laid down in the rules they have decided to be bound by. Our laws reflect the story and development of our country, and they inevitably shape our future too. The philosophical question of whether it is the law that changes society or whether it is society that brings about legal change is fascinating, to say the least. In many cases throughout Maltese history, the law has indeed been an instrument of social change – the changes made by previous Labour administrations which trans- formed a colony into a nation with a strong welfare state, for instance, come to mind. It is also clear to me, however, that in many cases it has been our evolving society which demanded and brought about legal change. From the intro- duction of divorce to marriage equality, it is our laws that are now trying to keep up with the needs of the modern Maltese society, not the other way around. The Bills I recently presented in Parliament are a similar attempt to cater for a secular society that celebrates diversity in all its forms. Over the years, a conservative approach to the development of national equality legisla- tion, together with a series of patchwork directives trickling down from Brussels, have led to a fragmented legal framework, with several lacunae, and little to no remedy to victims of dis- crimination in our country. While in some areas the law is robust, in others it is silent. Legal protection is scattered in various laws, including highly sector-specific subsidiary leg- islation, meaning that without highly technical legal expertise, the ordinary citizen would find it very difficult to understand his rights, let alone enforce them. Enforcement then, is also a struggle. Lengthy and expen- sive proceedings mean that for many, court remains inacces- sible. With limited resources and limited powers, it is no wonder that our current equal- ity institution – the National Commission for the Promotion of Equality – also receives only a handful of individual com- plaints. Underreporting of discrimina- tion cases is rife, and the reason behind it is evident: most of us are still unaware of how the law protects us (if indeed it does), and in any case, the means of redress remain unclear or inac- cessible. These issues need to be under- stood in the context of a society which is at its most diverse and in a moment of unprecedented growth and change. Our society is made of people hailing from different social and ethnic backgrounds; we hold different faiths and political opinions; in short, no one of us is the same as the other. It is this diversity and the wealth of experiences and perspectives we gain from it that makes us a thriving society. These two Bills – the Equal- ity Bill and the Human Rights and Equality Commission Bill – aim to protect, promote and embrace that diversity. We are all different, but we all deserve to be treated equally and with respect. The Equal- ity Bill ensures just that, by harmonising Maltese law on equality and non-discrimina- tion, and strengthening the legal framework by ensuring a complete and comprehensive prohibition of discrimination in all spheres of public life. Be it in employment or education; in the access of goods or in the access to financial services; we all have the right to receive equal treatment. The Equality Bill brings together all equality provisions, currently scattered and with patchy application, and harmonises them, making them applicable to all forms of discrimination against a myriad of protected characteristics, such as age, belief, race, or dis- ability, to name just a few. During our extensive consulta- tion process, which has taken us over five years, we discussed these proposals with EU agen- cies and equality institutions, aiming to gain an international perspective and learn from the best practices of others. They were mostly impressed with the Bill, for the simple reason that it was proposing a change which the EU has been trying to achieve for the past 11 years – a complete harmonisation of equality law across the board. Once more, we are succeed- ing where others have not. Our determination to improve the quality of life of all individuals in our country has made us once again the leaders in this area, and we could not be prouder to be spearheading these changes. In our discussion with international experts, we also debated the second Bill, which will replace the current NCPE, and create, in a first for Malta, a National Human Rights Institu- tion, to be named the Human Rights and Equality Commis- sion. In this case, we also delved into the best practices of other states, as well as the stumbling blocks faced by already es- tablished institutions. I am convinced that the proposed commission, once established, will also make us proud. What then, is the purpose of this commission? First and fore- most, it will have the mandate to monitor government's work in the field of human rights and equality, including its proposed laws or policies, including the lack of thereof. Its absolute autonomy from the adminis- tration means that it will have the power to criticise where necessary, and issue recom- mendations and opinions on the administration of the day. Our democratic beliefs don't come into play simply when it's convenient. This Bill will create an effective watchdog over the administration, in the general interest of society at large. Individual rights mean very little when you have no acces- sible means of enforcing them. By establishing an Equality Board with the mandate to hear and decide cases on the alleged breach of the right to equal treatment, without costly and lengthy proceedings, we are making sure that justice is served to those who deserve it. In a nutshell, we are creating a forum where one's rights – now clearly defined in the Equality Bill – can be asserted, and just redress can be given. I for one am convinced that once this Board is up and running, it will gradually create a body of juris- prudence that will change the face of equality law in Malta. It is our evolving society that has given rise to the need of these two Bills, however, I am sure that in the coming years after their enforcement, they too will play a central role in the shaping of Malta's future. I reiterate my commitment to that end, to bring about the social transformation needed to end all forms of discrimination, and to ensure equality for all and in all aspects. Our laws reflect the story and development of our country, and they inevitably shape our future too The laws our society deserves Edward Zammit Lewis Edward Zammit Lewis is Minister for European Affairs and Equality We are all different, but we all deserve to be treated equally and with respect