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MT 20 November 2016

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maltatoday, SUNDAY, 20 NOVEMBER 2016 News 3 MIRIAM DALLI HOME Affairs Minister Carmelo Abela is of the belief that tempo- rary humanitarian protection – n(ew) (THP-n) does not fall within the remit of the Office of the Refu- gee Commissioner and has thus engaged in discussions with Iden- tity Malta and Jobsplus to deter- mine a way forward. Breaking weeks of silence, Ab- ela's ministry finally released a statement confirming that no new THP-n certificates will be issued for new applicants; current hold- ers will be able to renew their certificates – as long as they meet eligibility criteria. "The Minister stressed that since THP-n is outside the remit of the Refugee Commissioner discus- sions with Identity Malta and Job- splus were held to find a proper alternative way forward," a state- ment by the ministry read. Temporary Humanitarian Pro- tection (THP) will still be granted – this targets applicants for inter- national protection who do not qualify for refugee or subsidiary protection but who could still be awarded protection on humani- tarian reasons. Introduced in 2010, THP-n was described by the former Refugee Commissioner, Mario Guido Frig- gieri, as "an ex gratia type of pro- tection". THP-n did not grant a legal title to failed asylum seekers and certificates were issued upon the Commissioner's discretion. Pending the review, many ben- eficiaries were left in the dark, prompting human rights NGOs to call on Minister Abela to clar- ify matters. Earlier this week, the minister met NGOs during which he informed them of the changes to THP-n. "THP-n status did not originate from any international or national law but was being granted on the basis of an internal administrative policy," Abela told the NGOs. The review was carried out to- gether with Identity Malta and Jobsplus and, according to Abela, THP-n is "outside the remit of the Refugee Commissioner". As a result of the review, current holders of THP-n, who still meet the current eligibility criteria, will have their status renewed until not later than 31 October, 2017 by the Office of the Refugee Commis- sioner. Holders whose THP-n status has expired, and who could not renew it due to the suspended ser- vice, can now contact the Office of the Refugee Commissioner for renewal. "The Office of the Refugee Com- missioner shall not be issuing any new THP-n certificates," the Min- ister said. Those having their THP-n re- newed until 31 October 2017 are to start making arrangements to procure all the required documen- tation from their country of origin that would allow them to apply with Identity Malta for the issu- ing of a residence permit to cover their stay in Malta after 31 Octo- ber, 2017. The applicants in question would also have to comply with other relevant Identity Malta cri- teria, including the presentation of a valid employment licence. In its statement, the ministry said, "the discontinuation of THP- n would not have an adverse im- pact on current holders of such status who face genuine humani- tarian issues". NGOs warn THP-n removal will render hundreds 'destitute' In a joint statement, human rights advocates reiterated their appeal that migrants – who are by the state's own admission non-re- turnable through no fault of their own – be offered the possibility to regularise their status in Malta. This would acknowledge their contributions, securing a dignified life and supporting various eco- nomic sectors. "All persons who so far have been enjoying THP-n – a form of pro- tection that has enabled them to live in security and relative peace of mind – will have their rights stripped off them," the NGOs said. "The many years they spent working in Malta as employees or employers, forming relationships, paying their fiscal contributions, renting homes and in many cases supporting entire communities in their countries of origin, will sud- denly be erased." The NGOs said that the ministry knew too well that for many, the requirements were simply impos- sible to fulfill, as several countries of origin refuse or are unable to provide these documents. "Most jobs migrants currently perform would not qualify for migrant employment under the labour market test, and migrants facing particular challenges se- curing a job – such as women, persons with disabilities or health problems – would be more seri- ously affected by these plans," the NGOs said. "Furthermore, it is highly unlike- ly that employers would be willing to embark on this burdensome procedure, possibly opting to em- ploy illegally instead." The NGOs said that, in being denied access to healthcare that is beyond emergency, social sup- port and all that is dependent on identity documentation, they will be effectively rendered destitute and subject to further exploitation and abuse. "This is unacceptable, and we believe the ministry is failing to appreciate the human, social and economic repercussions of its de- cisions," the NGOs said. During their meeting with Abe- la, the NGOs presented a detailed paper wherein they outlined their concerns and recommendations for a system that is just and hu- mane. The recommendations seek to meet the rights and needs of the individuals concerns, as well as the national security and economic interest. "Although so far the ministry has excluded NGOs and affected mi- grant communities from this re- view process, we are nonetheless keen to stress our willingness to engage in consultations in a spirit of dialogue and trust. We hope the ministry will accept our invita- tion, and listen to the voices of the communities it seeks to regulate through its plans," the NGOs said. IN the report 'FTS chief resigns, alleges corruption' published in last week's edition MaltaToday on Sunday the chairman of the Foundation for Tomorrow's Schools was reported as being Saviour Formosa, having ob- tained the information from the foundation's website. However, this newspaper has been informed that For- mosa was replaced by Emanuel Camilleri in June 2016. The er- ror is regretted. Clarification await their fate at Safi detention centre Temporary humanitarian protection(N) 'an Identity Malta, Jobsplus responsibility' 33 failed asylum seekers were arrested on Monday. Home Affairs Minister Carmelo Abela said the arrested people are awaiting the arrival of an African delegation before being deported

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