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Young Asylum Seekers: Social Justice for 'Illegal' Bodies Meaningful democracy? Maria Pisani

Young Asylum Seekers: Social Justice for 'Illegal' Bodies Meaningful democracy? Maria Pisani. Maltese context onset of arrivals 2002 SSA 80% male 20% female (NSO, 2011). 63.6 % asylum applications aged 18-34 16.6% asylum applications aged 0-17 (NSO, 2011)

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Young Asylum Seekers: Social Justice for 'Illegal' Bodies Meaningful democracy? Maria Pisani

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  1. Young Asylum Seekers: Social Justice for 'Illegal' Bodies Meaningful democracy? Maria Pisani

  2. Maltese context • onset of arrivals 2002 • SSA • 80% male 20% female (NSO, 2011)

  3. 63.6 % asylum applications aged 18-34 • 16.6% asylum applications aged 0-17 (NSO, 2011) • 88.4% granted protection aged 18-34 (NSO, 2010) • Definition of a young person in Malta • 13-30 years of age (National Youth Policy, 2010)

  4. it is only the means of entry that ‘could’ be deemed illegal by some, but not stay in the country • asylum seekers (1951 Geneva Convention) • the term ‘illegal immigrant’ does not exist in international law (ETUC, PICUM & SOLIDAR, 2007) • there is no such thing as an illegal person

  5. 2002 – racism in Malta • ENAR 2005 – 2010 • ECRI annual reports 2006 – 2009 • Vassallo, 2005; RAXEN, 2004; MIPEX, 2007 Gauci, 2010; • GoM response to ECRI (2008) report

  6. ‘Disregard of Malta’s vital national interests • In its report, ECRI fails to focus on the root cause of the crisis Malta is facing as a result of illegal immigration, namely, the illegal departure from Libya of boats carrying migrants from North and sub-Saharan Africa intending to enter Italy illegally and settle in mainland Europe. Their desired destination is often the former colonial power ofthe country of origin. Some end up in Malta after being rescued by Maltese military personnel, when in distress or feigning distress, or as a result of some accident. Sometimes traffickers in human beings travel in a large vessel and at night offload small boats with about 27 persons each. More than 90 per cent of arrivals are young men. Annual arrivals have equalled 0.5 per cent of Malta’s population. The country’s density of 1250 inhabitants per square kilometre is the highest in Europe and one of the highest in the world. Unless stopped, the inflow will be unending. Legal constraints inhibit the transfer of illegal immigrants to other countries.

  7. emphasis on security • ILLEGAL • Human dignity? • Rights? • International obligations?

  8. ‘mandatory detention legal regime applied to unauthorized arrivals and asylum seekers does not seem to be in line with international human rights law. Migrants in an irregular situation are subjected to mandatory detention without genuine and effective recourse to a court of law. The length of their detention has not been clearly defined under law…’ (UN Working Group on Arbitrary Detention, 2010:1-2)

  9. …qed nitkellem fuq dik li hi immigrazzjoni illegali, u mhux fuq kull immigrazzjoni. Qed nitkellem hawn, fuq dik l-immigrazzjoni illegali, li titlaq bil-moħbi (jew talanqas hekk suppost) bil-baħar mix-xtut Afrikani, l-aktar fil-każ tagħna mill-Libja, u li tidħol b’mod ukoll illegali f’pajjiżna, u fejn f’ħafna każi l-persuni nvoluti ma’ jkollhomx dokumenti ta’ vjaġġar fuqhom • www.michaelfalzon.com (2009)

  10. ‘facing a veritable invasion of irregular immigrants which is sapping our financial and human resources’ • (Hon Dr. Tonio Borg, 2005)

  11. “Given Malta's small size you cannot expect the government to release illegal immigrants into the streets, especially in light of increasing numbers. This would send the wrong message and spell disaster for the country... As a minister I am responsible, first and foremost, for the protection of Maltese citizens," (Times of Malta, 2009)

  12. Prostituti suwed f’Hal Far • ‘late in the evening clandestine women are circulating the area around the open centres in Hal Far to prostitute themselves with men who go there for their services. The price that these immigrants are asking for sex varies between Lm 5 to Lm 10.’ (it-Torca, 2005)

  13. a social and political context affects language and that language shapes and constructs realities. The GoM discourse, supported by the PL and reinforced by the general public has allowed the development of hard line policies that further serves to fuel the criminalisation of SSA asylum seekers, racism, xenophobia and exclusion • Citizenship formally assigns the equality of rights of all citizens within a political community • Democracy in a globalized world? • The right to rights?

  14. there are a number of routes, beyond exercising ones vote, where individuals and groups can challenge and influence politics • hegemonic nation state paradigm • citizens v illegal immigrants? • political clout • human being v citizen • Social justice for all young people?

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