ECHR Under Fire: Malta PM Calls for Reform to Crack Down on Migration.

A Couple of Boats That Are Sitting in the Water Photo by Nk Ni via unsplash, 2024

Malta’s Prime Minister Robert Abela has sparked controversy by calling for reforms to the European Convention on Human Rights, limiting protections to asylum-seeking migrants.

Following a statement made before Parliament on Monday 24th March calling for reform of the European Convention on Human Rights (ECHR), Maltese Prime Minister Robert Abela has controversially asserted that only migrants qualifying for asylum status should be granted stronger protections under the Convention. Describing certain provisions of the Convention as outdated, he claimed that the existence of “loopholes” and an overly restrictive interpretation of the ECHR justify his proposal for change. meeting and claimed that fourteen EU leaders, citing those from Denmark, Italy, Cyprus, and Greece, supported the proposal. He further announced that reforming the ECHR would be a top priority when Malta assumes the presidency of the Council of Europe between May and September.

His statement marks an alarming movement towards an increasingly restrictive anti-immigration policy, raising concerns regarding the potential erosion of fundamental rights for migrants. When fielding questions from national journalist groups during a subsequent press conference, Abela clarified his position, stating, “Malta will continue to fight for human rights but only where it is merited”. The Prime Minister elaborated by expressing concern regarding the absence of EU effort to repatriate migrants to their country of origin, and consequently there is a need for states to fend for themselves.

His comments have sparked fierce backlash from national human rights organisations. Maltese human rights organisation The Aditus Foundation expressed alarm that Abela’s call for a less ‘restrictive’ implementation of the Convention may be perceived as an effort to align his governance with far-right Italian Prime Minister Giorgia Meloni, with whom Abela has previously discussed joint immigration strategies. In an article published on March 25th, Maltese civil society movement Repubblika published a press release condemning the Prime Minister’s proposal. Warning that such reforms may set a dangerous precedent by flagrantly undermining protections guaranteed by the ECHR. Repubblika emphasised “Human rights are inalienable”, rejecting Abela’s was a response to historical atrocities and serves to protect all people, warning that “if Robert Abela can change the law to deny the rights of Africans, he will stop at nothing to deny the rights of anyone who bothers him”.

This rhetoric comes amid ongoing criticisms of the Abela administration’s treatment of migrants. A report by Amnesty International, published in 2020, revealed Malta’s role in unlawfully returning people to Libya, detaining hundreds on poorly equipped ferries outside its waters, and signing agreements to block asylum seekers from entering the country, leading to numerous preventable and unnecessary deaths.

Sources and Further Readings:

Farrugia Matthew, ”Loopholes’ and ‘rigid interpretation’ justify human rights convention reform, Abela says’ (MaltaToday, 24 March 2025) <https://www.maltatoday.com.mt/news/national/134219/loopholes_and_rigid_interpretation_justify_human_rights_convention_reform_abela_says> accessed 27 March 2025.

Daniel Ellul, ‘Abela: ‘If you do not deserve asylum, you should be returned to your country” (Times Of Malta, 26 March 2025) <https://timesofmalta.com/article/abela-echr-council-europe-deportation-asylum-malta.1107169> accessed 27 March 2025.

Farrugia Matthew, ‘[WATCH] Abela: ‘Failed asylum seekers do not merit stronger human rights’’ (MaltaToday, 26 March 2025) <https://www.maltatoday.com.mt/news/national/134254/watch_abela_failed_asylum_seekers_do_not_merit_human_rights_protection> accessed 27 March 2025.

Malta independent , ‘Only migrants who qualify for asylum status merit stronger protection, PM says’ (Malta Independent , 26 March 2025) <https://www.independent.com.mt/articles/2025-03-26/local-news/Only-migrants-who-qualify-for-asylum-status-merit-protection-PM-says-6736268878> accessed 27 March 2025.

Farrugia Matthew , ‘Abela accused of being ‘interested in pleasing his fascist colleagues’ and disregarding human rights’ (MaltaToday, 25 March 2025) <https://www.maltatoday.com.mt/news/national/134240/abela_accused_of_being_interested_in_pleasing_his_fascist_colleagues_and_disregarding_human_rights> accessed 27 March 2025.

Repubblika, ‘Fundamental Rights Do Not Expire’ (Rebubblika, 25 March 2025) <https://repubblika.org/press-release/fundamental-human-rights-do-not-expire/> accessed 27 March 2025.

Amnesty international, ‘Malta uses illegal tactics against refugees and migrants at sea’ (Amnesty International , 8 September 2020) <https://www.amnesty.nl/actueel/malta-gebruikt-illegale-tactieken-tegen-vluchtelingen-en-migranten-op-zee> accessed 27 March 2025.