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Annual Report For the years

2020/2021

Table of

Contents 04

Foreword

In Isolation

Accompany

Serve

People Assisted

Defend

Finances

A note of Thanks

FOREWORD This report spans the two-year period between January 2020 and December 2021 – a time of uncertainty and turbulence, which brought massive changes for Malta and the world. After the record number of arrivals in 2019 (3,407 until the end of the year), during the period under review Malta received a large, albeit declining, number of asylum seekers through the irregular sea route from Libya: 2,218 in 2020 and 832 in 2021. 4

The Covid-19 pandemic, the defining memory of 2020 for most, had a huge impact—not just on our work, but also on the lives of the people we serve. As this report highlights, the measures introduced to curb the spread of the pandemic had a particularly devastating effect on refugees living among us, heightening their exclusion and plunging many into poverty and destitution. Less well known is the impact that the pandemic had on asylum seekers in detention, adding a further layer of isolation to the seclusion and loneliness inherent in detention. Covid-19 was not the only force shaping our immigration and asylum policies, which underwent major changes during this period, becoming progressively harsher and more restrictive. Beginning in January 2020, the government implemented increasingly strict, and sometimes unlawful, measures clearly intended to achieve two objectives: to stem the flow of arrivals to Malta through the Central Mediterranean Route (CMR), and to ensure that those asylum seekers whose claims are considered abusive, or 'manifestly unfounded', are swiftly returned. The measures adopted highlight a trend to prioritise exclusion and return, at the cost of protection, leading to an erosion of human rights standards across the board. All these developments, though fundamentally different in nature, work together to push asylum seekers and refugees into liminality and precariousness, eating away at their hope, and further exacerbating their isolation. This report outlines the activities undertaken by JRS Malta during these challenging times. It starts with a description of the developments on the ground, outlining the main changes that occurred and the needs we observed during the period under review. It then summarises the activities undertaken by JRS during this period in our main areas of operation, grouped under the three pillars of the JRS mission: Accompany, Serve, Defend. We would not have been able to undertake these initiatives without the commitment of JRS staff and volunteers, who had to contend with Covid-19 restrictions, limited human and material resources, and the challenge of keeping hope alive when witnessing so much—often avoidable— suffering. Looking back, we are proud of the fact that, in a time of rapid and disruptive change, we were able to work with our NGO partners to respond effectively to new challenges and to ensure that our services remained relevant. We are exceedingly grateful to all who supported our work during this time: institutional funders, companies and individuals who generously supported our work in different ways—volunteering time, providing increased funding, or allowing us to divert funds originally intended for other activities to meet the new needs created by the Covid-19 pandemic. None of this would have been possible without you. We hope that you are proud of all that we have achieved together. Katrine Camilleri, Director of JRS Malta.

We are proud of the fact that, in a time of rapid and disruptive change, we were able to work with our NGO partners to respond effectively to new challenges and to ensure that our services remained relevant.

IN ISOLATION The Pandemic and political turmoil that shaped 2020 2020 started with news of a cluster of ‘atypical pneumonia cases’ in Wuhan, China, likely caused by a new coronavirus. This news of a new, albeit deadly, disease afflicting people so far from our shores drew little or no attention in Malta, which was in the throes of a political upheaval like no other to date. On January 13, Prime Minister Joseph Muscat resigned following weeks of protests, and Robert Abela was appointed as leader of the Labour Party and prime minister of Malta. In the weeks that followed, Prime Minister Abela formed a new Cabinet, appointing Dr Byron Camilleri as Minister of Home Affairs and National Security instead of Minister Michael Farrugia.

MIGRATION TRENDS PRE-2020 Under Muscat, Malta had what can only be described as a chequered approach to migration. His first term as prime minister started with an attempted pushback of 102 Somali nationals to Libya, which was stopped at the eleventh hour by the European Court of Human Rights. Throughout his time in office, he continued to insist that Libya needed to be considered as part of the solution to the ‘migration crisis’, and actively pursued the possibility of an agreement with Libya on migration issues.[1] Muscat did this in spite of the stream of credible reports testifying to the horrendous treatment of migrants in Libya, and the local and European court judgements stating unequivocally that returning asylum seekers to Libya amounted to a breach of human rights. Despite a marked reluctance to take in migrants rescued at sea—which often led to lengthy standoffs between Malta and Italy—he continued to publicly insist that Malta had a duty to rescue stranded migrants, even if the responsibility for their protection was not Malta’s alone. To this end, he repeatedly called for support from other EU member states, making clear, however, that the help required was not simply financial assistance, but rather a reduction of the number of asylum seekers arriving or staying in Malta.

We cannot build walls in the sea, laws have to be respected. If someone is drowning you have to save him. Joseph Muscat, August 25, 2019

After publicly pledging to end child detention in 2014[2], the government radically reviewed Malta’s policy on the reception of asylum seekers in 2015[3], moving away from a system of automatic, mandatory, long-term detention on arrival in all cases, to one which required an individual assessment before resorting to deprivation of liberty beyond the few days required for registration and health screening, at least on paper.[4] This reform was intended to bring Malta’s policy in line with the ECHR judgements against Malta. The same year, Malta’s Migrant Integration Strategy was launched, and the Human Rights and Integration Directorate was set up.[5]

In November 2018, the government launched the policy for Specific Residence Authorisation (SRA)[6], which gave rejected asylum seekers who had arrived in Malta before 2016 but had not been returned home the possibility to apply for a two-year renewable residence permit upon presentation of proof of employment and integration efforts. This policy gave people who had lived, worked and paid taxes in Malta for many years the possibility to regularise their situation and live with a measure of stability and dignity. Many of these developments took place during a time when there was a marked drop in boat arrivals. From June 2018, following a change of government in Italy, the number of arrivals started to climb, and by December 2019 a total of 4,851 asylum seekers had arrived in Malta through the Central Mediterranean Route (CMR): 1445 in 2018, and 3406 in 2019. This increase placed a huge burden on Malta’s asylum and reception system. The conditions in reception centres, which at the time consisted of two closed centres (the Initial Reception Centre [IRC] in Marsa and Safi Barracks) and three open centres (HTV, HOC and Dar Liedna) had degenerated markedly due to overcrowding, and the length of the initial detention for registration and health increased, primarily due to the lack of space in open centres. At the time when the new administration took office in January 2020, the length of detention on arrival had increased from a couple of weeks in June 2018 to around five or six months, and some 900 asylum seekers were detained unlawfully with no prospect of release in the short term as the government had made no provision for alternative accommodation in open centres.

COVID-19 By February 2020, the world was in the throes of a global pandemic, as Covid-19 spread rapidly, reaching Malta in the first week of March 2020. In the months that followed, the pandemic upended life for all of us, and had far-reaching consequences on all areas of our life as individuals and a community. In the early weeks of the pandemic, in an effort to limit transmission of the virus, the public health authorities put in place a number of nationwide measures, including: a ban on all sea and air travel; mandatory quarantine for travellers returning from severely affected countries; closure of schools, university, child-care centres and day-care centres for the elderly; and cessation of religious services. By March 13 access to all closed and open centres was restricted to staff and residents, making it impossible for NGOs and other external service providers to visit to provide information and other services. As the weeks went by, the public health measures in place became more stringent. Many government offices closed to the public and public services—including the Office of the Refugee Commissioner, Identity Malta and Transport Malta—shifted online. Public gardens, non-essential shops and catering establishments were closed, and people were encouraged to work from home to curb the transmission of the virus. Public gatherings of more than three people from different households were prohibited, and breaches of these and other regulations, such as quarantine mask rules, were punished by the imposition of fines. These measures had a huge impact on the economy, and many workers lost their jobs within days. The impact on the asylum-seeker population was particularly pronounced. Many lost their employment or suffered significant loss of income, which put them at risk of destitution and/or homelessness, as they were unable to put food on the table or pay their rent. Starting on March 16, the government implemented several measures intended to support businesses to keep workers in employment, as well as social measures aimed at supporting people who lost their job or their income because of the economic consequences of the pandemic. 7

While benefits for companies, businesses and people in employment were granted regardless of the legal status of the worker, qualification for unemployment benefits was linked to status. Essentially, only recognised refugees were entitled to additional Covid support in case of unemployment. Beneficiaries of subsidiary protection and asylum seekers were not entitled to any additional benefit on account of the impact of the pandemic. The situation of asylum seekers was far worse than that of beneficiaries of subsidiary protection as, unlike beneficiaries of subsidiary protection who are entitled to core welfare benefits, asylum seekers living outside the open centres are not entitled to any financial support. Holders of other statuses—like Temporary Humanitarian Protection (THP)[7] or victims of trafficking—were not entitled to any form of financial support either. This was the case even if they worked legally and paid taxes in Malta. On April 5, Hal Far Tent Village (HTV)—the largest open centre in Malta which at the time housed some 1,000 people—was placed under quarantine, after eight residents tested positive for Covid. Initially the quarantine order was for 14 days, however it had already been extended twice before it was lifted on May 13. The quarantine order, which was announced on national TV, was enforced in a heavy-handed manner, with the army called in to ensure that it was adhered to.[8] On April 10, 2020, just days after the HTV lockdown was announced and one day after a large group of migrants was rescued by the AFM in the Maltese SAR zone, Prime Minister Robert Abela announced that Cabinet had taken a unanimous decision that Malta’s ports would be closed and that migrants rescued at sea would not be allowed to disembark in Malta. The government also stated that Malta could not guarantee the rescue of migrants stranded at sea, as Malta’s military and medical resources were stretched due to the pandemic. A few days later, on April 15, 51 migrants rescued in the Maltese SAR zone, by a Libyan-flagged fishing vessel owned by a Maltese national, were unlawfully returned to Tripoli at the behest of the Maltese authorities, who coordinated the operation.[9] On board the vessel where five dead bodies recovered during the operation. IOM and UNHCR both expressed concern about the incident, and the NGO Repubblika filed a police report against the AFM and the prime minister, which led to a magisterial inquiry. This inquiring magistrate eventually dismissed the complaint, but a group of the migrants returned to Libya filed constitutional proceedings against the government claiming that their return to Libya violated their human rights. The proceedings are still ongoing. At the end of April, a group of 60 migrants were rescued in the Maltese SAR zone. The government immediately announced that they would not be allowed to disembark in Malta, as the ports were closed because of the pandemic, and contracted pleasure boats used for harbour cruises to accommodate these and other migrants rescued from vessels in distress. In total, some 425 rescued asylum seekers were housed on four ships at Hurd’s Bark, just outside Malta’s territorial waters, from May 1 to June 7, 2020. They were eventually allowed to disembark, however all those on board were once more detained on arrival.

Soldiers gather outside HTV (former Hal Far Tent Village) as the government locked down the centre. Photo: Karl Azzopardi

Covid-19

TIMELINE Since the beginning of March 2020, when the first case of Covid-19 was reported by the health authorities in Malta, the ease of access to asylum seekers in Malta started to change very rapidly. While the majority of the local population was readily informed and somehow managed to cope with these changes, many asylum seekers, were now stuck in further limbo and a general sense of insecurity. JRS mapped, in as much detail as possible, how Covid-19 and the measures by the authorities impacted the life of asylum seekers and people in detention. The timeline below is a brief outline of how things evolved in the first months after the pandemic hit Maltese shores.

7 March

11 March

The First COVID-19 case identified in Malta.

Government introduces ban on sea and air travel, introduces mandatory two-week quarantine on travellers returning from affected countries.

CL OSED

30 March

17 March

Prohibition of public gatherings

Office of the Refugee Commissioner is closed

5 April Largest open centre in Malta (HTV) placed under quarantine

12 March

13 March

Closure of all schools, university, childcare centres, and day centres for the elderly, and cessation of religious and political activities.

Mandatory quarantine extended to travellers returning from all countries.

New Measures

16 March Government puts in place measures to support businesses to keep workers in employment. Beneficiaries of subsidiary protection and asylum seekers not entitled to any benefit.

13 March Access blocked for all but staff and residents to Marsa IRC and all the open centres.

10 April

1 May

Prime Minister announces that migrants would not be allowed to land in Malta.

Government contracted pleasure boats to detain migrants rescued from vessels in distress. They were allowed to disembark in Malta on 7 June.

OUT OF SIGHT, OUT OF MIND: DETENTION OF ASYLUM SEEKERS DURING THE PANDEMIC All these events were widely reported in the local media; however, the fate of those asylum seekers who made it to Malta during this time—2,218 in 2020—rarely made headlines. Throughout the pandemic, asylum seekers arriving in Malta continued to be detained on arrival. As all the centres were already at full capacity at the end of 2019, in January 2020 Lyster Barracks in Hal Far was reopened to house new arrivals. In March 2020, UNHCR reported that there were some 1,700 asylum seekers detained in the three detention centres in use.[10] NGOs were not allowed into detention at the time; however, from all accounts, the situation in detention was terrible. Conditions were very poor on account of the overcrowding, and asylum seekers deprived of their liberty had little, if any, contact with the outside world. In some centres detainees had no access to the open air—they spent all day cooped up in a relatively small space with hundreds of other persons, all this when a pandemic was raging. Access to masks, sanitizer, soaps and other hygiene products was very limited—some detainees reported being given only one re-usable mask during their time in detention—and basic necessities, like clothes and shoes, were in short supply. Possibly worst of all, however, was the fact that detainees were given no information about what was going to happen to them, about the reason for their detention, about how long they would be detained, or about how they could challenge their detention, which was, in any case, completely unlawful. Given the lack of external oversight or monitoring of detention centres during that time, the plight of the asylum seekers trapped behind the walls and barbed wire fences was virtually invisible from the outside. The silence was broken only by sporadic reports of protests or escapes from detention centres. Invariably, those identified as ‘ring-leaders’ were prosecuted and sentenced harshly, in spite of the fact that they were protesting about, or escaping from, unlawful detention. [11]

With time, reports started to emerge of physical torture, beatings, solitary confinement, denial or delay of medical care and, in some cases, electrocution. Many former detainees recounted incidents of physical violence, particularly in the context of protests. A report by the Times of Malta quoted an EASO official stating that ‘almost half of all interviews made with detainees […] include reports of physical abuse and violence intended to inflict fear and impose obedience in the detainees.’[12] In September 2020, a Sudanese asylum seeker died after falling from a fence when trying to escape from Lyster Barracks detention centre. After investigating the incident, the Council of Europe Committee for the Prevention of Torture (CPT) raised serious doubts that the detention centre staff reacted sufficiently promptly to get him the medical treatment needed to save his life. In mid-2020, the government re-opened Hangar Open Centre (HOC), so asylum seekers could finally start to be released from detention pending the outcome of their application. By the end of 2020 the population in the Open Centres had risen to 1,701 (from 1,273 in April 2020) and the detainee population had decreased to 820.

BACK TO ‘NORMAL’: RECEPTION OF ASYLUM SEEKERS IN 2021 Despite the increased reception capacity, throughout 2021 asylum seekers arriving in Malta by boat remained subject to protracted periods of detention. In addition to the ‘initial’ detention for medical clearance, which could still last for several weeks, asylum seekers from countries considered safe, or where there was a realistic chance of return, faced the real possibility of spending months in detention, first waiting for their application to be decided on, and then awaiting return. Asylum seekers released from detention were placed in an open centre. By January 2020, asylum seekers’ period of stay in open centres was reduced to six months, down from 12 months less than a year before; although, in exceptional circumstances, AWAS did allow asylum seekers to extend their stay. Open centre facilities were basic at best and, at the start of the period under review, provided little or no support to residents to help them achieve self-sufficiency. Delays in the processing of asylum applications—due to Covid closures and limited capacity at the Office of the Refugee Commissioner—meant that most open centre residents were likely to still be housing asylum seekers at the moment when their six-month period of stay ran out. As asylum seekers are provided with limited financial and material support only for as long as they are resident in open centres, once they left the centres, they needed to find a job to be able to survive. This was far from easy in an economy that was still reeling from the effects of the pandemic, even if, by April 2021, non-essential businesses had started to function once more. Their quest to achieve self-sufficiency was further complicated by delays in obtaining the documentation proving their status as asylum seekers, which was required to work legally. Overall, it is true to say that in 2020 we observed an increase in homelessness and poverty among the asylum-seeking population. The situation was made worse by the May 2021 changes to the policy on asylum seekers’ access to the labour market, which made it impossible for some categories of asylum seekers—such as those from countries considered safe—to work legally. In 2021, AWAS set up the Migrant Advice Unit, which provides Open Centre residents with information and assistance to access employment, education and basic services. While this was a significant step forward, the support provided is insufficient to ensure that asylum seekers are able to achieve self-sufficiency by the end of their period of stay in the centre. The situation is much harder for people with severe and specific needs, such as survivors of sexual and gender-based violence and trauma, people with chronic medical conditions, serious illness or mental illness, people with disability, and unaccompanied children. Although during 2021 there were some improvements in the age assessment procedure, particularly in terms of duration—which went from several months in 2020, to eight to 12 weeks in most cases—it still had several shortcomings. In addition, the system for the reception, care and protection of unaccompanied minors was severely lacking and failed to meet internationally recognised standards. The most glaring failings by far during the period under review were the continued detention of minors throughout the age assessment procedure, many of them with adults, in punitive and harsh detention facilities, and the fact that, for much of this period, asylum seekers formally recognised as minors by the competent authorities were not provided with a legal guardian. This was due to legal obstacles created by the newly-amended law on protection of minors, which was amended in March 2021. 13

MALTA’S ROADMAP FOR THE FUTURE: THE PROGRESSIVE UNDERMINING OF PROTECTION AND STABILITY Throughout 2021, the number of arrivals continued to drop, reaching 832 by the end of the year. This drop seems to be due to the Maltese government’s efforts to reduce the number of migrants leaving Libya, and/or to stop them from reaching Malta, which intensified in response to the increase in boat arrivals and continued throughout the period under review. The measures used included: pushbacks of asylum seekers rescued in Malta’s SAR by commercial vessels; coordination with the Libyan coastguard to rescue people stranded on vessel in distress; an MOU with Libya on irregular migration, the terms of which are anything but clear[13]; delays in rescue of people on board vessels in distress; and refusal to assigned a POS to disembark migrants rescued by NGO and commercial vessels, resulting in repeated stand-offs leaving migrants and crew stranded for days or weeks at sea. In addition to reducing arrivals, throughout the period under review, there was an increased focus on ensuring that asylum seekers whose claims are considered abusive or manifestly unfounded are returned. When setting up the International Protection Agency (IPA) in May 2020, the Ministry for Home Affairs stressed the importance of having “effective systems in place for processing asylum applications without undue delay”, to ensure that “while the country will continue to fulfil its obligations and provide protection to those who need it”, decisions are taken “so that those who are not eligible for asylum will be subject to return to their country of origin”.[14] In an effort to deal swiftly and decisively with asylum applications deemed to be abusive, the government worked on strengthening Malta’s return capacity and on putting in place laws, policies and procedures intended to ensure a swift resolution of cases considered manifestly unfounded and the return of asylum seekers whose applications are rejected on this ground. Thus, during 2020, the list of countries designated as ‘safe’ swelled considerably, and following amendments to the International Protection Act in May 2020, included Algeria, Morocco, Egypt, Tunisia and Bangladesh. Asylum applications lodged by asylum seekers from safe countries are routinely and almost without exception channelled to the accelerated procedure. Given that the accelerated procedure offers few procedural guarantees, this practice threatens the quality of the asylum procedure in these cases. It also prejudices asylum seekers whose claims are possibly well-founded, as their cases are consigned to a never-endeding waiting list. At the end of 2021, the backlog of asylum cases stood at around 3,700 cases, despite support from the European Union Agency for Asylum (EASO, today EUAA). Most of these asylum seekers were living in the community—i.e., outside of the formal reception system—and were left to navigate the system without information or support. This policy direction, which prioritises exclusion and return as opposed to protection, has led to a shrinking of protection space for all asylum seekers. It has also prompted other legal and policy changes, which saw Malta backtrack on the commitments made over the years and upended the lives of men, women and children who have lived and worked in Malta for years. Two categories of people impacted are beneficiaries of Specific Residence Authorisation (SRA) and some family members of beneficiaries of protection. In November 2020, the SRA policy was abruptly ‘amended’. The amendments effectively terminated the SRA policy—by removing the possibility of new applications and introducing restrictive rules on renewal for those who already had SRA—and resulted in many SRA holders, who had lived and worked in Malta for many years (up to 15 or 20 years in some cases), and/or their family members losing their status and being reduced once more to rejected asylum seekers with tolerated stay.

In August 2020, Temporary Humanitarian Protection (THP), previously regulated by policy rules, was included in the IP Act. Under the policy rules, this status had been used to give family members of beneficiaries of protection, who were excluded from the benefits of derivative status under the IP Act and related subsidiary legislation, formal legal status. Following the inclusion of THP status in law, the grounds for granted THP were applied more restrictively, leaving many previous THPholders, including some family members of beneficiaries of subsidiary protection, without legal status or a formal legal right to reside in Malta.

ACCOMPANY

If you are not free, it is good to know that there is a group of people who still love you, help you and fight for you. An asylum seeker detained in Malta for almost 19 months, between 2004 and 2006.

The period under review was particularly sad for JRS Malta as, after more than 20 years accompanying asylum seekers in detention, we were no longer granted permission to visit detention facilities, abruptly terminating a core part of our work. Since 2002, JRS staff and volunteers would visit detention weekly, to meet asylum seekers, organise activities, and to provide information, pastoral care, legal services and psychosocial support. JRS was the only organisation that visited detention consistently throughout this period. For us, the possibility to be present in detention was about far more than offering services—it gave us a unique opportunity to accompany people and to build relationships of trust, which allowed us to identify people in a vulnerable situation, who needed services and support. 16

JRS’s difficulties securing access started in October 2019, when our access was restricted, supposedly on security grounds, just after JRS and aditus lawyers assisted six asylum seekers to file proceedings before the Magistrate’s Court, challenging the lawfulness of their detention. Covid restrictions made access more difficult, as no one was allowed to visit, even to provide legal assistance. Once the restrictions were lifted, in October 2021, we were once more allowed to visit detention. However, our access was limited to the provision of legal assistance. Client meetings were held in a board room which is located at a distance from the facilities where migrants are accommodated, and had suddenly become out-of-bounds. Since then, each time we visit we need to request and arrange an appointment, as it is not possible to decide on a pre-agreed schedule of visits. Moreover, whereas previously we had access to all the detainees and they to us, under this new system we could only meet the specific individuals who contacted us to ask for assistance—no mean feat in a detention centre where it is only possible to receive incoming calls. Our clients are brought to the meetings in handcuffs, and we can only meet a set, and pre-agreed, number of people each time. As the testimony below highlights, for detainees, the isolation of detention is very difficult to bear, as is the lack of contact with the outside world. The prohibition of NGO access is particularly worrying as individual needs can go unnoticed, and violations hidden and therefore unchallenged. It also makes it very difficult for asylum seekers to obtain the services to which they are entitled, such as information, legal assistance and psychosocial support. Beyond detention, Covid-19 also made it very challenging for us to accompany asylum seekers in the community. At the start of the pandemic, JRS was no longer able to conduct outreach in the open centres. We were also forced to close our twice-weekly drop-in sessions. We therefore needed to find a new way of being present, to support asylum seekers during this time and to ensure that both we and our services remained accessible. From March 16, 2020, we set up a phone information service—manned by trained cultural mediators and professional staff—which operated daily, to ensure asylum seekers had a point of contact and were able to access at least essential information and services. JRS staff also contacted refugees who were in a particularly vulnerable situation, because of their health or their personal circumstances by phone, in order to see how they were coping and if they needed support. This allowed us to identify, and respond to, individual needs and to ensure that people knew that they were not alone. After the lockdown was lifted and we were able to resume in-person services, it was still not possible for us to go back to the ‘old’ way of being present through our outreach and drop-in services. We therefore set up a full-time Front Desk Service, manned by trained cultural mediators, to serve as a point of intake, provide information, receive and record requests for information, identify needs and make referrals. We were only able to continue operating during lockdown and to respond effectively to new needs as they emerged, because our funders, primarily UNHCR, FAI, JRS Europe and MCVS, provided increased funding or allowed us to divert funds originally intended for other activities to meet the new needs created by the Covid-19 pandemic.

PEOPLE REACHED DURING COVID-19

That night they took us to Malta. When we landed we went to Marsa and we were searched thoroughly and registered, then they took us to Safi. When we went into the building we saw that it was a prison. Only God saved my life—every minute in my mind I used to think: ‘Die, it is better to die than to stay in this place’. The conditions were really bad. The space was very crowded; people were sleeping in the dormitories and even in the corridor. We were 150 or more people, using the same two toilets and two showers. I was sleeping in the corridor, which had one side open to the air, for three months. In the block there is no yard, so could not even go out into the sunshine, to walk or do some exercise, even for an hour or two. You cannot contact your family because there is no phone. There are no activities that you can do to pass the time. There was just one TV in the corridor for all the section, so everyone was fighting about what to watch. There were no books. There was nothing to do except worry and think. You are given only set of clothes, so if there is no sun you cannot wash them, otherwise you will sleep without clothes. If there is sun, since we could not go outside, people would fight to be able to stand at the bars lining one wall of the corridor just to be able to feel the sun on their skin. We would need to take it in turns. The sun was like a gift—a privilege. We did not like living in these conditions, but we could do nothing about it because we had no access to the law. They never gave us a detention order. We had no access to a lawyer, and no one came to give us information about why we are detained, when we are going to be released and how we can challenge our detention. There were only the guards and if we asked them for information, it was useless. Asylum seeker detained for more than six months during the Covid-19 pandemic

Refugees and asylum seekers always need to struggle to obtain what they need, but during Covid the struggle became more difficult. We saw more poverty and hopelessness and people really struggled because they had nowhere to turn to. They could not meet anyone, including us, face to face, so they felt that they could not make themselves understood. Before Covid it was about the future, but during Covid it was about survival. Hana Beraki – JRS Malta – the member of JRS staff mainly responsible for manning the helpline and taking calls during the lockdown.

SERVE With a mission to accompany, serve and advocate on behalf of refugees and other forcibly displaced people, Jesuit Refugee Service in Malta offers legal, psychosocial and other services to asylum seekers who need assistance.

LEGAL Throughout the period under review the JRS legal team continued to provide information and legal assistance to asylum seekers in detention centres, open centres and in the community. The aim of our information service is to help people to understand the procedure and to obtain the protection to which they are entitled. The information provided focuses mostly on the asylum procedure, rights and how to access them, and, for asylum seekers who are deprived of their liberty, information on the legal channels available to them to challenge their detention. During this time, our access to detention centres was severely curtailed, partly because of the Covid pandemic, but also because of new rules which prohibited outside visits to the facilities where asylum seekers are accommodated. As a result, it was no longer possible for us to organise group info sessions for asylum seekers in detention. Although we were still able to provide legal assistance and information on an individual basis, the new rules made our services more difficult to access and limited the number of people to whom we could provide a service. This was and still is a huge concern, as detainees are unable to obtain these services from other sources because they are deprived of their liberty and cut off from the outside world. Covid-19 made their isolation even more pronounced. In addition to information provision, the team offered in-depth legal assistance to a limited number of asylum seekers. Most cases involved asylum claims, family reunification, access to benefits, employment and other issues related to integration. Some cases deal with human rights and other protection related issues, such as trafficking. In general, people access the JRS legal services through our outreach in detention and open centres, as well as through our office. During the Covid pandemic the team continued to provide assistance, as well as receiving referrals and requests for support through the phone, WhatsApp, and referrals from other organizations.

PSYCHOSOCIAL In 2020, with the start of the Covid pandemic, the need for psychosocial services increased dramatically. JRS offers a range of psychosocial services to asylum seekers and beneficiaries of protection, both in detention and in the community. The main aim of this service is to make sure vulnerable asylum seekers and beneficiaries of protection are able to access the services and support that they need to live with dignity. The services provided by JRS traditionally include: Social work assistance, which includes support to find employment, accommodation, information provision, limited financial assistance and support with accessing mainstream services The service provided ranges from one-time intake appointments and drop-ins, to crisis intervention, to long-term in-depth support. Having a social worker at JRS, along with other psychosocial professionals, ensures that our clients are offered a more holistic service. A psychological support service that provides professional therapeutic intervention to people struggling with their mental health. JRS continues to be one of the few organisations offering psychological support to refugees, particularly with the assistance of an interpreter, which allows clients to express themselves in their own language. The team brings together counselling psychologists, counsellors and trainees who provide a range of services including brief intervention, awareness-raising groups, individual psychological support and counselling. Access to health care, through the services of a nurse, who supports vulnerable asylum seekers and beneficiaries of protection to navigate the healthcare system, by providing language support and accompaniment for appointments, and assistance with medication and medical intervention.

For 14 years, this service was provided by a nurse who was seconded to JRS Malta from the public service. In June 2021, the project came to an end, having served and supported hundreds of refugees. Support to access the labour market, through the provision information provision on rights and obligations related to work, assistance to write a CV, apply for a work permit, and search for vacancies. Covid-19 presented huge challenges to the implementation of these services, at a time when many people required intensive support. The team quickly adapted, providing telephone and online intervention, where possible, and in-person services when needed. JRS also developed new services in response to the new needs created by the pandemic. These included short-term hospitality projects, increased hardship support, and a basic integration support service. A highlight was running an online group for asylum-seeking women in reception centres in Hal Far, where we learned about the impact of trauma and gender-based violence, and the impact on mental health. During 2020 and 2021 our services were funded primarily by UNHCR, Fondation Assistance Internationale (FAI),US Embassy - Julia Taft Refugee Fund, and ESF.

Julian Caruana, Counselling Psychologist at JRS.

Julian Caruana, Psychosocial Coordinator at JRS Malta, explains how the pandemic affected these services: ‘Our psychosocial service provision was impacted in many ways. Many refugees lost their job, especially those working in the hospitality industry, due to the effects of the lockdown measures on restaurants, hotels, and other catering facilities. Those that used to rely on non-regular work were also impacted. Also, in general, across all industries, no one was really recruiting. Access to Covid related benefits was also problematic due to our clients’ legal statuses. All this meant that many clients who just use to make it till the end of the month started to struggle to meet their basic needs, especially rent. In fact, the cases of homelessness we came across increased.’ ‘At the same time there was a good charitable response from society at large so we had more funds for Hardship Requests than previous years. For a good number of months in 2020—especially March to July and to a lesser extent October to December—we focused on helping clients remain afloat by linking them to food provision, covering other material needs, distributing masks and sanitizers, covering rent through the Hardship Fund and negotiating with landlords. The communication methods we used also shifted from drop in, appointments at office and house visits to telephone calls and chat.’

JRS staff and volunteers assisting refugees with basic services.

Basic Integration Services Following the re-opening of HOC in June 2020, a large number of asylum seekers who had been detained throughout the Covid lockdown were released. Faced with a six-month deadline to leave the open centre and move into rented accommodation, they were under a lot of pressure to find employment. Although they had spent months in detention—up to eight months in some cases—they were released from detention with neither information, nor language skills, nor the documentation they needed to be able to access the labour market. The fact that many government offices were still providing services online made it even more difficult for them to obtain the documentation, services and support they need to be able to access employment. In response to these new needs, JRS started providing basic integration support services, e.g. support to apply for a bus card, assistance with CV-writing and job search, in addition to social work support. Initially the services were provided by existing staff and volunteers, however, from April 2021, the Basic Integration Service was formally set up and dedicated staff recruited with the support of the European Social Fund (ESF). This service, which we could provide only thanks to the commitment of a number of trained volunteers, quickly became the largest service in terms of sheer number of beneficiaries. The team provided the following services: -

Basic information on access to rights, employment, language classes and other educational programmes, banking services, social security.

Assistance to apply and make an online payment for a bus card, as, once Transport Malta shifted their services online, applicants needed access to online banking to obtain a bus card.

Assistance to develop a CV and navigate the main platforms for job vacancies.

Basic needs’ assessment and referral to JRS or other services.

During 2021, our Basic Integration team assisted more than 300 people, excluding people who requested assistance with bus cards. By the end of the period under review the demand for the service had decreased, due to the drop in arrivals, however, it remains an important part of our service. 23

The Basic Integration Support Services (BIS) allowed us to accompany refugees in Malta from their very first steps towards becoming familiar with Malta and its context. We offered refugees and asylum seekers a service that would provide them with information about the asylum procedure, support them to access language classes, bus cards, and accommodation, and guide them to access the labour market. These activities were a unique opportunity for us to become a source of reliable information and holistic support for both newcomers and people who had stayed longer on the island, as well as an easy access point for those who needed further support. The BIS was not only a way JRS supported many refugees to access and enjoy their basic rights but also a wonderful project that allowed us to create a relationships based on trust, providing a safe space for many, a place where they knew they could come to share their concerns and questions but also to celebrate their success and achievements. Asun Taboada – JRS Staff who worked on Basic Integration Services

HOSPITALITY PROJECTS In 2020, in response to the needs created by the Covid-19 pandemic, JRS implemented two new hospitality projects: one in collaboration with the Jesuits at Mount St Joseph, and the other in collaboration with the Carmelite community in Balluta. Starting in July 2020, the Jesuits offered a room at Mount St Joseph Retreat House to host refugees who needed accommodation for a period of time. During the reporting period two individuals were welcomed by the community and staff at the retreat house, and supported until they could move on. Later that same year, in October 2020, 14 refugees were hosted by the Carmelite community in their convent in Balluta, as part of a four-month project run in partnership by JRS, the Carmelites and AWAS. This project was developed to support refugees who needed to leave the open centre but were not financially stable enough to rent accommodation, owing to the difficulty finding regular employment in an economy still reeling from the impact of Covid-19. Two members of JRS staff were present on a weekly basis to provide information and assistance in relation to education, employment, accommodation and basic needs, in order support the refugees participating in the project to make the transition into independent accommodation by the end of the project. The residents who needed it were also provided with English language classes and support to access vocational training, to increase their chances of finding employment.

TESTIMONY BY A REFUGEE WHO RESIDED IN BALLUTA

“My name is Ahmed Adam Idriss, a Sudanese refugee. There were personal conditions and political reasons that made me leave my country. Good luck brought me to Malta. From here I began my career for a safe life in Malta. My life changed since I met members of JRS Malta. JRS provided me with a home in Sliema full of motivated people from JRS and AWAS. They taught me how to apply for a job and how to build up my life. They supported us with an English course and they gave me the idea to study. Then I applied for MCAST and I was accepted. JRS paid the fee of the course for me in electrical installation. They even helped me get a job. Really, my life has totally changed now. I am so happy. I do appreciate what JRS does for us and I am very thankful.”

IN NUMBERS Psychosocial 2020 AT A GLANCE:

99 307

individuals received with social work support

2021 AT A GLANCE:

175 308

Individuals received with social work support

Individuals receivedw with psychological support

individuals received Financial Support

Individuals received with psychological support

individuals received Financial Support

Basic Integration Services 2021 AT A GLANCE:

878 845 796

individuals provided with basic support to access employment

individuals assisted to obtain a bus card

calls/requests for service/ support were received by Front Desk

THOSE WE ASSISTED Legal 2020 AT A GLANCE:

177 32

visits to detention centres to provide legal assistance

asylum seekers provided with information

asylum seekers/beneficiaries of protection in the community referred for legal assistance through the Front Desk Service

detainees received legal assistance relating to detention|ATDs

140 56

individuals assisted to challenge a negative age assessment decision

2021 AT A GLANCE:

35 39

99 60

visits to detention centres to provide legal assistance

individuals in detention assisted:

received information related to the age assessment procedure

received legal assistance related to the asylum procedure, detention and AAT appeals.

individuals were assisted to obtain release from detention 27

Detention centre, Hal Far.

DEFEND 28

OUR ADVOCACY As was highlighted in the introduction of this report, the current reporting period was characterized by a downward trend in the area of respect for the right to seek asylum and, indeed, respect for life itself. During the period under review, our advocacy focused on three main issues: asylum seekers' access to territory, detention of asylum seekers, and protection of unaccompanied minors, children, asylum seekers. The first part of the two-year period under review was marked by the Covid-19 pandemic and by a general deterioration in the protection provided to migrants and asylum seekers across the board, as a direct consequence of changes in law, policy and practice implemented during this period. During this time, in addition to the issues listed above, we also took up the issue of access to documentation and basic needs, and the changes to the policy on Specific Residence Authorisation. Our advocacy is often undertaken in collaboration with other partners, including aditus foundation, Integra Foundation, Migrants' Commission, Malta Refugee Council, JRS Europe, and ASGI. The interventions included legal advocacy, political advocacy and awareness raising. Our advocacy activities were funded primarily by UNHCR, FAI, AMIF and EPIM, the latter through JRS Europe.

CAPTAIN MORGAN: “THE PRISON ON THE SEA” In April 2020, the government declared that Malta’s ports were closed on account of the coronavirus pandemic, and that rescued migrants would no longer be allowed to land due to the risk of transmission of the virus. Shortly after, the government took the decision to detain migrants that were rescued from vessels in distress at sea on board the Captain Morgan pleasure boats. These boats are usually used for harbour cruises. They were now being used as floating detention instead of allowing the migrants to disembark in Malta. By the time the migrants were allowed to disembark in Malta, their numbers had swelled to 425 migrants detained on four boats. Throughout their detention, which stretched from April 30 to June 7, the government reiterated that the migrants would not be allowed to land in Malta until there was an agreement regarding their relocation. In addition to the fact that this detention was completely unlawful, during this time they were denied access to information, to the asylum procedure, and to basic services such as medical care. The rescued migrants were eventually brought to Malta. While the boats were still out at sea, aditus foundation and JRS Malta submitted legal complaints in three different fora with respect to the situation of the rescued migrants detained on the Captain Morgan boats. Complaints were sent to the UN Special Rapporteur on the Rights of Migrants and the UN Working Group on Arbitrary Detention, based on the assertion that Malta’s actions breached a number of articles contained in the UDHR and the ICCPR, in particular: the right to be free from torture or to cruel, inhuman or degrading treatment or punishment; the right to liberty and security of the person; the right to an effective remedy; and the right to seek and to enjoy asylum from persecution. These complaints were forwarded to the Council of Europe Committee for the Prevention of Torture for its attention. We also wrote to the EU Commissioner, who replied, and filed a complaint for breaches of European Union law with the European Commission.

During 2021, aditus and JRS worked with a group of 30 asylum seekers who were unlawfully detained on board the Captain Morgan vessels for between nine and 30 days, collecting testimonies and other evidence, to file legal proceedings in the local courts. They are claiming that their fundamental human rights were breached by the government’s actions. In addition to their detention on the Captain Morgan leisure boat, all but one of the claimants are claiming that their rights were also breached by their detention on land. In most cases, detention lasted several months in miserable conditions. In some cases this went up to nine months.

The conditions on the vessel were not good. We had no space to lie down and sleep. Many of us were already very distressed and traumatised from the journey and needed medical treatment, but none was provided. Many people were also getting motion sickness and vomiting. I felt very weak in the time I was on the boat. We did not have blankets, so very often we felt cold at night and sometimes even during the day. There was an issue with the toilets due to the number of people using them (there were two toilets for around 165 people). The hygiene was terrible, and we were only provided with salty water to wash ourselves. This led us to develop rashes and skin irritations. When the sea was rough, water would seep into the boat meaning that we could not lie down on the floor to sleep as everywhere was wet. Upon arrival onto the Captain Morgan, the captain and crew informed us that we were being kept on the boat due to Covid-19 and that we would have to remain on the vessel for two weeks. I was tested for Covid-19 within the first few days of my arrival. After two weeks passed we started to complain and ask the crew why we had not been disembarked to land. We could not understand why we were being kept on the boat even though two weeks had elapsed. They kept disregarding us and telling us that they were waiting for orders from above. The general atmosphere on the boat was very tense. Everyone was tired. People on the other Captain Morgan boats were jumping into the water as they were fed up with being on the boat for over a month. A military boat used to come to pick the people out of the sea and put them back onto the Captain Morgan once they were tired. Towards the end of our time on the boat, there was a three-day period of severely rough sea. Water kept coming into the cabin. This caused many of us to get skin rashes from the sea water that was everywhere, seasickness, and constant headaches. We begged the captain to take us to land as we feared for our lives. The weather was so bad that the captain finally accepted to take us to dry land, drawing the anchor and starting his journey to shore. Asylum seeker detained on a Captain Morgan boat for two weeks

A JRS client speaking to a group of students at Savio College as part of our outreach programme with schools.

AWARENESS RAISING During the two years under review, JRS Malta implemented two awareness-raising projects, one in schools and community centres, and the other in parishes. Despite the fact that both of these projects were heavily impacted by Covid, we still managed to reach a large number of people. Project Change Through the international school project called CHANGE, JRS Malta carried out a series of talks educating the public on migration, refugee issues through simple encounter and real-life stories. This project was amended to cater for the needs of every school or youth community by having sessions targeting not only primary, middle, secondary, and post-secondary students but also sessions for educators and staff. The project followed six lesson plans which are still available online for educators and students. CHANGE also provided the opportunity for students and youth to become Student Ambassadors. Following several CHANGE sessions, students were encouraged to become advocates for CHANGE and to plan and implement two actions for CHANGE; such as an online campaign and volunteering. The ones with the best actions won a trip to Brussels where they shared their projects and experience with other Student Ambassadors and policy makers at the European Parliament. Learning human stories (Active Citizens Fund) The main aim of this project was to create safe spaces for meaningful encounters and dialogue with one another. Participants were encouraged to think critically about the topic of forced migration, thus being able to challenge current stereotypes and prejudices towards refugees and migrants. This process also supported migrants to build networks in their own community and empowered them to become active citizens in Malta. The project emphasized facts and human life stories to counter the negative taken-for-granted ideas. Participants had the opportunity to not only deepen their understanding of fundamental human rights but motivated them to take an active role in society. 31

Sadly, in Malta, discrimination and hate speech are on the rise and this is why there was, and still is, the need to deliver such projects through parishes, in our communities especially considering the significant role parishes play in the local context. The project not only included one-time awareness raising sessions but also delivered a tailored and more sustained programme in a number of parishes. The sustained programme was adapted from the curriculum of another project called CHANGE which was running in parallel specifically taking place in schools. Parish communities who engaged in a sustained programme, were guided and supported by JRS to also plan and implement an 'action' in their respective community. Some examples of community action included, collecting donations during the Christmas period and engaging in core subject lesson planning for migrant children.

A TESTIMONY FROM A VOLUNTEER IN PROJECT CHANGE

The CHANGE programme was truly wonderful in every way. It was my first experience working with refugees and yet I felt at ease from the very beginning. I used to teach Maltese and English to individuals many times older than me and yet I never felt uncomfortable. All that I felt was the immense appreciation the students had for the assistance we were providing and the diligence with which they went about conducting their studies. I was always greeted warmly with a ‘hello friend’ and a fist bump or two as they would then all quickly take their seats and meticulously write down everything they possibly could. I always felt supported by the CHANGE team, from the first meeting to the final farewell, and yet a final farewell it was not as after taking part in the program I am more motivated than ever before to keep on doing everything I can to be of service in any way I can. Mikiel Cassar, volunteer within the Change Project

STATISTICS

2020

2021

Drop In (Front Desk)

575

431

Information

177

189

Vocational training

Health care assistance

245*

N/A

Basic integration support (emp support)

190

188

Legal assistance in the community

140

108

Legal assistance in detention

103

Social Work Support

175

Psychological Assistance

Education

Bus card service

505

875

Hardship support

307

308

* covers year 2020 and first 6 months of 2021.

FINANCES 34

EXPENDITURE 2020

19% Operational Costs 19% Legal Assistance 13% Basic Integration & Front Desk 38% Psychosocial Support 11% Hardship Assistance 0% Educational Services 0% Advocacy

EXPENDITURE 2021

22% Legal Assistance 9% Basic Integration & Front Desk 29% Psychosocial Support 9% Hardship Assistance 4% Educational Services 11% Advocacy 16% Operational Costs

EXPENDITURE 2020-2021 Operational Costs Advocacy Educational Services Hardship Assistance Psychosocial Support Basic Integration & Front Desk Legal Assistance -

40,000.00 2021

80,000.00

120,000.00

160,000.00

2020

INCOME 2020

17% Hardship Funding 16% Private Benefactors 6% EU Funding 1% Local Funding 27% International Organisations 18% International Foundations 13% Jesuit Funding 2% Other Income

INCOME 2021

6% Hardship Funding 7% Private Benefactors 31% EU Funding 3% Local Funding 23% International Organisations 21% International Foundations 9% Jesuit Funding 0% Other Income

INCOME 2020-2021 Other Income Jesuit Funding

International Foundations International Organisations

Private Benefactors Hardship Funding -

20,000.00 2021

40,000.00

60,000.00

80,000.00

100,000.00 120,000.00 140,000.00

2020

DONATE Our work is only possible thanks to the help of people who share our vision. Any donation, large or small, will help us to continue providing our services and give refugees and asylum seekers hope. This is how you can help: Postal Donation by check to JRSMalta By Bank Transfer HSBC MT45MMEB44163000000016116055050 BOV MT11VALL22013000000040012100660 Or by visiting our Donate Page on jrsmalta.org

A NOTE OF THANKS JRS’s mission in Malta would not be possible without the help of numerous collaborators. The team would like to give special thanks to the benefactors, who believe in our cause; to JRS staff, whose dedication makes the dream of our founder, Fr Pedro Arrupe, a reality; to our volunteers who give their precious time in assisting; and to every individual who gave even the smallest of monetary or other form of donation when JRS called for help. Thanks to your support we can fulfil our mission to accompany, serve and defend the rights of refugees.

Jesuit refugee Service Malta JRSmalta @JRSmalta JRS Malta

[1]

https://www.news24.com/news24/malta-asks-libya-to-help-stem-migrants-20130711; https://www.pressreader.com/malta/malta-independent/20130712/282011849957050; https://tvmnews.mt/en/news/wherever-i-can-find-a-solution-for-the-good-of-the-country-i-will-find-it-pm/

[2]

https://timesofmalta.com/articles/view/Migrant-children-should-not-be-in-prison-PM.512887

[3]

https://www.independent.com.mt/articles/2015-12-30/local-news/New-migration-strategy-draws-abalance-between-human-rights-and-security-Carmelo-Abela-6736151071

[4]

In spite of the changes, some categories of asylum seekers are still routinely detained. These include asylum seekers who entered the EU with a visa issued by Malta, who apply in another EU MA and are returned to Malta in terms of the Dublin Regulation, and asylum seekers who are refused admission at the border. On average their detention lasts between 2 and 3 months, following which they are usually released with alternatives to detention. This inevitably leads to concerns regarding the adequacy of the individual assessment procedure conducted. Other concerns relate to the adequacy of the detention review conducted by the Immigration Appeals Board.

[5]

https://humanrights.gov.mt/en/Pages/Intercultural%20and%20Anti-Racism%20Unit/IntegrationBelonging.aspx

[6]

https://www.identitymalta.com/specific-residence-authorisation-policy-replacing-the-temporaryhumanitarian-protection-new-status/

[7]

Temporary humanitarian protection is a form of national protection granted to asylum seekers whose application for international protection is rejected, yet cannot return home as they are minors, or because they suffer from serious physical or mental illness for which treatment is not available in their country.

[8]

https://www.maltatoday.com.mt/news/national/101508/watch_hal_far_migrant_open_centre_under_ lockdown#.Yx5BZXZBzIU

[9]

https://timesofmalta.com/articles/view/how-a-maltese-fishing-boat-pushed-migrants-back-tolibya.787664

[10] https://timesofmalta.com/articles/view/third-detention-centre-opens-amid-questionsoverlegality.778184 [11]

https://lovinmalta.com/news/five-migrants-sentenced-to-jail-for-rioting-at-safi-detention-centre/ https://www.maltatoday.com.mt/news/national/104793/safi_detention_centre_riot_private_security_ guard_shot_migrant_who_tried_to_escape#.Yx5n7HZBzIX

[12]

https://timesofmalta.com/articles/view/reports-of-torturing-detained-migrants-manueldelia.848085#.YBd-GyV_NNI.twitter

[13]

See for example: https://timesofmalta.com/articles/view/exposed-maltas-secret-migrant-deal-withlibya.748800

[14]

Press Release by the Ministry for Home Affairs, National Security and Law Enforcement, Putting a strong system in place that alleviates the burden of irregular migration on the country, 15/05/2020, https://www.gov.mt/en/Government/DOI/Press%20Releases/Pages/2020/May/15/pr200926en.aspx

NOTES