Issue link: https://maltatoday.uberflip.com/i/1507380
maltatoday | SUNDAY • 10 SEPTEMBER 2023 9 INTERVIEW real threat to equality warks of conservativism... The resistance that took place was, as you say, from 'conserva- tive forces': not from within the Labour Party itself... I wasn't suggesting that there was internal resistance (though there were reports of that, too). What I'm asking you is wheth- er – as was the case with the abortion amendment – the government has had a 'change of heart', after the Equality Bill backlash. No, not at all. When you look at the discussion that took place, in 2019, you'll see that it went through the second reading, and actually got to committee stage, as well. But when you have leg- islation that is going to radically shake up the entire status quo... it's bound to be controversial, in itself. So the problem was nev- er that 'we do not believe in it, anymore'. Far from it. We have committed ourselves in the last election to implementing the Equality Bill; and we are now working on implementing, it as soon as possible. Still on the subject of the con- servative backlash: critics have also argued that the bill would have implications for both 'freedom of speech', and 'free- dom and worship'. Tonio Borg (once again) wrote an article in The Times: warning that Catho- lic schools would no longer be able to impart the Church's own teachings on homosexuality. At the risk of a Devil's advo- cate question: doesn't he have a small point, there? Could the Equality Bill infringe on other, equally fundamental human rights? The aims of the Equality Bill are, very simply, to gather all Malta's anti-discrimination legislation under one umbrella. And on the subject of education: I really want to thank the schools, today. Be- cause the reality is very different, from the one described by Tonio Borg. Today, we are seeing a lot of co-operation from schools; and a lot more LGBTQ inclusivi- ty. When it comes to aware- ness-raising - and even when there are transgender children, who are transitioning - there are a lot of teachers, and school heads, who are accepting these realities: even in Church schools. So the situation is very, very different. At the end of the day, when we talk about 'equality', we're not talking about 'oppress- ing one person, against the other'. We're just talking about 'equal access to rights, for every one'. Earlier you said that LGBTQ peo- ple can now live 'without fear of discrimination'. Is that really always the case, though? One problem that clearly remains, is the plight of transgender (or non-binary) people when ap- plying for a job. As Caruana put it: "When they present them- selves in a way which conforms to social norms but which defies their own identity, they face no problems. But when they pres- ent themselves as they really are, they face problems and often end up jobless." What is currently being done, to address this issue? Once again, it all boils down to education. When we change laws, we're also changing mental- ities. But obviously, it takes a lot less time to change a law, than to change an entire nation's culture. So when it comes to LGBTIQ, specifically as a community, we need to start by addressing the intersectionality of LGBTQ iden- tities, more. Because so far, we've just looked at the phenomenon from one angle. And LGBTQ persons can have more than just one identity. There are persons in the com- munity who do not identify with the two gender binaries; so one of our measures - which is in our National Strategy, as well - is to enhance more awareness, when it comes to reporting discrimina- tion. This is being done in conjunc- tion with the NCP; and we are also working closely with both private and public sectors. We are currently having discussions with the Chamber of Commerce, for example, for them to set up an LGBTQ-specific Forum, which can serve as both a support-struc- ture for the private sector, and al- so as an advisory body. Another thing that we are aim- ing to do, over the next five years, is to enhance the legal recogni- tion of persons who do not iden- tify with the two gender binaries. A few months ago, we had a dis- cussion with non-binary persons, to find out what their experiences actually are; and to see what they themselves consider to be the major issues. Some of the things they told us – like, for instance, what they would like to see on their ID doc- uments - might not even require any changes to the law, at all. It could simply be a policy that needs tweaking. But if we do not hear from the community itself, we might risk ending up with legislation that does not even apply to them, at all. One major complaint often lev- elled at Malta is that – while our domestic laws respect the prin- ciple of equality – this is not re- flected in the way we treat refu- gees, and asylum seekers. Malta currently considers eight coun- tries that criminalise homosex- uality as 'safe countries' where failed asylum seekers can be sent back. Moreover, LGBTQ asy- lum seekers may even face per- secution, within open and closed centres. How do you respond do that criticism? What measures are in place, to protect vulnera- ble asylum seekers – especially, non-binary – from being deport- ed to unsafe destinations? The International Protection Agency has a protocol in place, that provides guidelines for pro- fessionals in the sector on how to treat LGBTQ persons who are claiming asylum: immediate- ly upon their arrival, and before they even submit an application. This protocol is adhered to across the board, even in reception cen- tres; and AWAS professionals are also present during the process. LGBTQ persons are also housed differently, depending on their needs. So there is an aware- ness raising campaign going on; there is a protocol in place, which also means that asylum seekers do not have to undertake certain demeaning practices, to prove that they are LGBTQ... as was standard practice in all European countries, until recently. However: what we need to em- phasize on more, I think, is the plight of persons who come from a different culture; and who have never spoken to anyone about their identity, before. In such cas- es, it's very difficult for them to trust institutions, when their own backgrounds are so vastly differ- ent from ours. So that's where we need to invest more: in awareness training, to help those persons to be able to open up, before the asylum process begins. In fact, the SOGIGESC Unit [Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics Unit], within the Human Rights Directorate, has issued a leaflet – published in the six primary languages used by migrants – containing infor- mation about Maltas LGBT IQ legislation; and the asylum pro- cedures, in general. It's being dis- tributed to anyone who is in the process of applying for asylum; or is currently residing at the recep- tion centres... That all sound very reassuring: but what about the issue of de- porting LGBTQ asylum seekers, to 'safe countries' which they may be actually be imprisoned, or worse? More needs to be done, certain- ly. I am, however, informed that just this past week, there was a person coming from this list of safe countries, who was granted asylum... But the issue concerns failed ap- plicants, not successful ones... I cannot go into all the details, because I'm not one of the profes- sionals involved. But what I think we really need to do is - from our end, when it comes to equality and human rights - is work more on awareness training. Because that, I believe, is where the real barriers exist. When we are talking about persons who, as I said before, come from a dif- ferent background; and have an inherent distrust in institutions... it's very difficult for them to open up... ... and if I'm understanding you correctly: if they don't open up, they won't qualify for asylum in the first place. Right? Basically. So what we need to do, from our end, is ensure that those people feel safe enough to be able to disclose their identity; whilst also balancing that the very difficult act, of having a just and fair immigration system. And yes: a lot more work needs to be done, on that front...