Issue link: https://maltatoday.uberflip.com/i/288366
maltatoday, WEDNESDAY, 2 APRIL 2014 8 MATTHEW VELLA A message from Prime Minister Joseph Muscat to commit his government to ending the detention of unaccompa- nied child migrants has been welcomed by NGOs as well as Human Rights Watch, the international human rights organisation. Malta detains all age-disputed cases pending an age determination proc- ess, and as a result children below the age of 18 may be detained for weeks or months, despite alternative available facilities. During detention, children are detained with adults, without any accommodation for their young age, and with no access to school. Under international and European standards, unaccompanied children should never be detained for reasons related to irregular entry, and pending age determination the person claiming to be a child should be treated as such until the determination is complete. During a Freedom Day celebratory rally, Muscat made a significant pledge to end the detention of migrant chil- dren. Malta has the highest number of asylum seekers per population of any country in the European Union, and the prime minister has described de- tention as a "deterrent" that allows the government to process asylum seekers. The UN Committee on the Rights of the Child said in 2013 that states should "expeditiously and completely cease the detention of children on the basis of their immigration status". This committee, along with the Council of Europe's Commission against Racism and Intolerance and Commissioner for Human Rights, the UN High Commissioner for Refugees, Human Rights Watch, and leading Maltese NGOs, have all criticised Mal- ta's detention policy. "There's no question that Malta, lo- cated at the frontier of the EU, takes on a large number of migrants compared to the tiny size of the country. Malta has and uses open reception centres for certain migrants. This statement is a welcome recognition that the centres can be used more broadly, meaning freedom for children," HRW said in one of its news items on its website. Detention policy Malta detains all unaccompanied children whose status as children is in question, pending age determination. The age determination procedure can take some months, leaving children in detention for long periods. A 2009 study by the Maltese Na- tional Contact Point of the European Migration Network found an average detention time of 1.6 months for the 10 unaccompanied minors in their focus group. International law states that unac- companied children should not be criminalised for reasons related to their immigration status or illegal entry, and article 37(b) of the Convention on the Rights of the Child (CRC) mandates that the detention of children "shall be used only as a measure of last resort". Furthermore, the Commissioner for Human Rights for the Council of Eu- rope has stated that, "as a principle, mi- grant children should not be subjected to detention". Best practices indicate that, pending age determination, the person claim- ing to be a child should provisionally be treated as such. Human Rights Watch says Malta should treat children pending age de- termination as children, and detain them only as a measure of last resort. "While placing migrants pending age determination in the unaccompa- nied minor facilities is not appropriate, there is no reason why they could not be released to alternate facilities to pre- vent prolonged detention of children," HRW said in a previous report on de- tention. Even if unaccompanied children identify themselves as children dur- ing their initial contact with immigra- tion policy, they will most likely still be taken to detention. According to the Agency for the Wel- fare of Asylum Seekers (AWAS) and Detention Services, only age disputed cases are detained, with those who are "visibly" children released from deten- tion within 24 hours and placed in the care of AWAS. In practice, however, the cut-off for those who are "visibly" children is around 12 to 14 years old, with chil- dren who appear older presumed to be adults – and detained – until an age determination is carried out. During Human Rights Watch's visit to Maltese detention facilities in April 2012, observers met with three boys who were housed with adults in a de- tention centre for single men. Two of the boys, who reported their ages as 15 and 16 years old, were visibly scared. Amr S., the 15 year old, said, "It's very difficult to live here at Safi. I'm afraid to live where people might hit me… I don't have anyone to take care of me." Edgard O., a 26-year-old Ivorian man who was detained in the same fa- cility as the boys, commented: "To be honest with you, I was a little bit con- cerned to see they were here [the boys.] Fifteen years old – he doesn't deserve this." Age determination Age determination in Malta is con- ducted by an age assessment team from AWAS composed of a social worker, psychologist, and a coordinator. Most unaccompanied children arrive with- out identity papers, such as passports and birth certificates. Maltese au- thorities rely on medical testing – in particular, bone X-rays – where initial interviews by the age assessment team are inconclusive. However, medical examinations used to determine age are problematic be- cause they are subject to margins of error of up to five years. In addition, radiological testing is unnecessar- ily intrusive; the Separated Children in Europe Program, a coalition of Save the Children and UNHCR, asserts that such testing must be avoided and non- invasive medical testing, such as physi- cal development assessments, should be used instead. News Notice of meeting to be held in public e Malta Environment & Planning Authority will meet on ursday 3 rd April 2014 at 14:00 hours at the MEPA boardroom, St. Francis Ravelin, Floriana, to discuss the following: DETERMINATION OF VARIATION FOR ENVIRONMENTAL PERMIT: EP 33/09: Covering operations at the Malta Freeport Terminals, Birzebbuga CONSIDERATION OF MODIFICATION/ REVOCATION OF DEVELOPMENT PERMITS: PA 1511/01: Site at 2, Triq Dun Miju Zarb, Zebbug (Malta) Demolition of existing ground oor and construction of four garages at ground oor and two three bedroomed ats, one on each storey at the location above. PA 5807/07: Site at Tal-Harruba, Sqaq tat-Twil, L/O, Siggiewi To amend garage size and modify boundary wall as per PA 541/2000. DETERMINATION OF DEVELOPMENT CONTROL APPLICATION : PA 1550/04: Site at Triq Burmarrad, Burmarrad (Reconsideration) To demolish existing buildings and construct basement level including parking area including car lis, ramps, store, workshop, store for VRT Service Station, access staircases, changing rooms including sanitary facilities and stores and ground oor level including workshop including oces and sanitary facilities, car lis, VRT station, access staircases, drives and ramps, security room, stores, shop for spare parts and tyres, boardroom, kitchenette oce and stores including sanitary facilities, large showroom, car wash, public service garage, bonded stores, display area and shop for accessories and open yards. Subject to the maximum seating capacity, seats can be reserved on request for the applicant and registered objectors. Remaining seating is lled on a rst come rst served basis. RESERVATIONS: 2290 2018 28 th March, 2014 www.mepa.org.mt Muscat's pledge to end child detention watched by observers €5,000 fines for sites violating disabled access rules TIM ATTARD MONTALTO BUILDINGS which do not meet 'access to all' requirements will have to contribute to an inclu- sion fund as much as €20 for every square metre of 'non-fully accessi- ble' area, that will be paid directly to the National Commission for Persons with a Disability (KNPD) up to a maximum €5,000 under new rules. This new policy was announced yesterday during a meeting be- tween representatives from the Malta Environment and Planning Authority and KNPD, in which government consultant on plan- ning Robert Musumeci gave a presentation on a protocol for de- velopment applications and access of the physically disabled. In the case of Urban Conserva- tion Areas, this sum will be re- duced by half to €10. Both fines will be subject to a cap of €5,000. Buildings having a f loor space of less than 75 square metres must be exempt from 'access for all' re- quirements. Stores and kitchens will be excluded for the purpose of area computation, while areas that pose a potential risk to persons with disabilities by the nature of the activity carried out, will be ex- cluded from such assessment. In the case of major projects, an independent accredited monitor can be appointed to supervise the ongoing works and endorse chang- es to plans without the need to halt the works, pending approval from the KNPD. The monitor will be responsible for issuing the final compliance certificate. Applicants will be exempted from conforming to 'access for all' requirements when the immediate street gradient exceeds a slope of 1:8, when the immediate public access consists of a f light of steps, or when the vertical distance be- tween the f loor and pavement, and the elevated ground f loor, exceeds one and a half metres. "This was especially the case for areas such as Cottonera and Valletta," Mu- sumeci said. In the case where the height does indeed exceed this dimen- sion, Musumeci said that the use of 'mechanical stair climbers' will be considered as an alternative means of accessibility. No additional accessibility re- quirements will be imposed on the site of existing built structures where interventions are being pro- posed to the development after the structure had been approved in the past and was constructed ac- cording to a MEPA permit. This, specifically, will be applica- ble for sites where MEPA has had the opportunity to consult KNPD in a previous application, where the KNPD was consulted and found no objection, or when the proposed use is similar or comple- mentary with the approved use. It was also announced, during the meeting, that Joe Camilleri will be stepping down from his position as chairperson of KNPD, and will be replaced by Oliver Sci- cluna. Camilleri was head of the Commission for no less than two decades. X-rays are used for age-assessment tests for child migrants Robert Musumeci (far left) gave a presentation on a protocol for development applications and access of the physically disabled