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MW 30 July 2014

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maltatoday, WEDNESDAY, 30 JULY 2014 News 5 TIM DIACONO FRONTEX, the EU agency in charge of external border security, came under fire from its own Consulta- tive Forum on Fundamental Rights because it "does not yet sufficiently reflect that the protection of funda- mental rights is considered a prior- ity in all [its] activities". The forum was created in 2012 to provide the agency with expert ad- vice on human rights issues. In its first annual report since its inau- guration, the Consultative Forum spoke of its concern about Frontex's handling of the surveillance system Eurosur. The system was introduced as a means of allowing Europe to detect irregular immigrants while they are still at sea, giving more time to save more persons from drowning. The Consultative Forum recom- mended that the agency should coordinate cooperation with Euro- pean member states to save more migrants' lives, but Frontex decided not to take that proposal on board. The Forum also recommended that Frontex abandon the use of the term 'illegal' when referring to migration from Europe's external borders. It said that this term car- ries 'implied value judgements' and generalises all migrants as people making use of the asylum system to enter European territory. They also said that "migrants should not be subjected to several interviews for different purposes, as this might be confusing and put ad- ditional strain on them". The forum's first annual report noted that Frontex is bound by the EU Charter of Fundamental Rights and by the rules of international hu- man rights law, such as the non-re- foulement principle, and has to take into consideration the rights and ob- ligations enshrined in the European Convention on Human Rights. The report added that Frontex "must ensure it is not complicit in any act that would violate human rights" and pointed out that in joint return operations, Frontex is re- quired to refuse funding of opera- tions if such violations occur. Eurosur's regulations include safe- guards for the observation of the mi- grants' fundamental human rights, including their right not to be sent back to a country where their lives or freedoms would be in danger. However, the Consultation Forum criticised Frontex for not clearly de- fining how these rights will be en- sured in practice. The Consultative Forum has also criticised Frontex's joint return op- erations (JROs). These are coordi- nated by Frontex and group non-EU irregular immigrants on flights back to their country of origin. According to the Consultative Fo- rum, Frontex's code of conduct for these JROs "does not completely reflect the desired highest level of fundamental rights protection" for these migrants. The code does not clarify the pro- cedure through which a migrant set to board one of these JRO flights can file a complaint. It also does not require that every migrant on the flight possess a 'fit to travel' medical certificate or that their escorts on the flight must be individually iden- tified by name or ID number. Also, out of the 39 JROs coordi- nated by Frontex in 2013, only 48.7% of them had an effective monitoring system present during the flights. Frontex listed Malta as one of the 18 EU states where a monitoring system for JROs was in place. Elsewhere, the Consultative Fo- rum also suggested that Frontex consult European non-governmen- tal organisations (NGOs) directly when developing protection meas- ures for vulnerable migrants, such as children and victims of human trafficking. However, Frontex insisted that this should be left in the hands of the European member states where such NGOs are located. Frontex report says migrants should not be labelled 'illegal' CONTINUES FROM PAGE 1 A spokesperson for the police's Community and Media Rela- tions Unit (CMRU) confirmed that a house in Triq il-Palazz Capua, Sliema had been bur- gled on Saturday night. The theft is said to have been made between 9.45 and 10.45pm, when the owners were not at home. As yet, no one has been ap- prehended in connection with the burglary. Police sources confirmed with MaltaToday that the burglary is likely to have been carried out by the same five members of the East Euro- pean gang. The sources told MaltaToday: "They do not usually choose a home with- out some prior knowledge about the people's habits and the possessions in the house. They acquire this informa- tion from the most 'unlikely' sources." Saturday's burglary in Slie- ma is the latest in a spate of crimes that have instilled fear, and which have caused serious concerns in the Slie- ma community. Recent statistics show that St Julian's is Malta's crime capital, with Sliema in second place. A total of 217 burgla- ries from occupied build- ings in Sliema were reported. There were also 47 burglaries from vacant buildings. Police have warned Sliema residents about the increas- ing number of burglaries which are reportedly being carried out by professional foreign gangs. Residents have also been warned to exercise caution and keep a lookout for any suspicious activities. East European gang burgles homes in Sliema by using bump keys Frontex criticised for failing to place migrants' fundamental rights as a priority in all its activities Illegal restaurant extension denying access to fishermen, canoeists TIM ATTARD MONTALTO AN illegally-constructed extension of the restaurant Scoglitti, located on the Marsamxett waterfront in Val- letta, is proving to be an obstacle to fishermen, canoeists and owners of several boathouses in the area, ac- cording to one concerned boathouse owner who is a member of the Mar- samxett Fishermen's Association. MaltaToday was contacted by the boathouse owner himself after at- tempts on his part to address the is- sue with the Malta Environment and Planning Authority (MEPA) proved futile. He claimed that the restaurant, which was opened to the public only last year, was in breach of various MEPA regulations. In February, MEPA issued a number of enforcement notices over the erec- tion of a boundary wall and lamp- posts and a number of alterations to the façade without permit. Moreover, the authority's planning directorate withdrew the application for develop- ment permission for the replacement of the ceramic floors and a number of internal alterations to what once served as the Valletta police station. Having provided Malta Today with the MEPA planning application de- tails, it transpires that the develop- ment included the illegal construction of a boundary wall, the installation of lamp posts, the opening of blocked windows and aluminum apertures, and the construction of a bollard. Moreover, and more pressing for the affected parties, a number of tables and chairs have been placed along the waterfront without MEPA's approval. This has made it difficult for boat-house owners to access their property, and for fishermen and the general public to make their way to the sea. "Apart from the fact that these in- stallations are illegal, they are creat- ing obstacles for the general public and for fishermen, canoeists, boat- house owners and everyone else eligible to make use of this land," he said. "This is a clear case of abuse and nothing is being done about it." A petition with the signatures of several affected parties and call- ing for the removal of the tables and chairs has also been drafted. The petition includes the signatures of persons associated with the Fisher- men's and Canoeing Association, and various boat-house owners, as well as garage owners. Attempts to contact the Lands Department for their reaction were made but to no avail.

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