Racism and Racial Discrimination in Employment 2012-2013 

Malta has a strong equality law framework that prohibits direct and indirect discrimination, as well as harassment and victimisation. Yet migrant workers continue to face discrimination both in accessing employment and within employment. Difficulties in accessing employment relate to the stereotyping of migrant workers, difficulties in acquiring the employment licences, the nature of the labour market and lack of recognition of foreign qualifications. Within employment, discrimination includes failure to pay wages and benefits, failure to abide by health and safety regulations, as well as a concentration of migrant workers in the informal economy. There is no evidence that the situation has improved over the reporting period. On the contrary it appears that many of the problems and concerns raised in previous reports remain pertinent.

Recommendations

The Maltese Authorities should, in collaboration with all relevant stakeholders:
  • Update, adopt and implement, without delay, the National Action Plan Against Racism and Xenophobia commissioned by NCPE. This will help ensure that issues of discrimination and racism are dealt with holistically and strategically rather than in isolated clusters and/or sectors. Equality should be mainstreamed into all areas of policy.  
  • Commission a review of the work of the National Commission for the Promotion of Equality, including a comparative assessment with the work conducted by similar equality bodies in other European Countries, with a view of enhancing and strengthening the NCPE’s role. In particular, efforts should be made to ensure that NCPE is, and appears to be, independent and impartial and that cases of racial discrimination are efficiently and effectively addressed.  
  • Develop initiatives to measure equality as part of the positive duty to combat racial discrimination, and to promote equality and social inclusion of ethnic and religious minorities. Data collection and processing of equality data should be conducted in full compliance with data protection safeguards and in consultation with groups most at risk of discrimination.
  • Develop a clearer understanding of discrimination as experienced by ethnic and religious minorities with a view of informing policy developments and awareness raising. 
  • Develop an education and employment strategy for migrants, with a view to facilitating migrants’ entry into the Maltese labour market through, amongst others, recognition of previous qualifications as well as previous work experience and the development of new skills. Such a strategy could be part of a broader integration policy for Malta.  
  • Support ongoing research, and promote further research, in the area of migrant labour and entrepreneurship in order to identify trends and issues with a view of developing effective strategies to address concerns and promote developments. 
  • Extend and improve efforts to raise awareness amongst ethnic and religious minorities, rights and remedies available under national law and the role of the NCPE in supporting victims of discrimination. 
  • Extend the Equality Mark initiative to cover other areas of equality including on grounds of racial or ethnic origin and religion. 

Trade Unions and Civil Society Organizations should:
  • Work together to develop effective strategies for the inclusion of minorities (particularly migrants) in the labor market, including enhancing employers’, employees’ and other stakeholders’ understanding of rights and responsibilities under national and European legislation. 
  • Engage more effectively with issues of discrimination in employment, including by raising awareness with members and populations at risk, supporting the reporting of discrimination and follow up thereon, and through the representation of migrant workers’ interests
  • Raise awareness that equality at work is not just a matter of preventing discrimination from happening but about ensuring the workplace caters for the needs of an increasingly diverse workforce. Accommodating diversity at work will result in developing workers’ potential, employee retention, a safe working environment and a better work-life balance.

Download the report here:

enar-sr2012-2013.pdf
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PfC's Work

The People for Change Foundation has extensive experience in anti-discrimination with a primary focus on racial discrimination in Malta and across the European Union. In particular, we have: 
  1. Drafted a number of National Shadow Reports on Racism and Racial Discrimination in Malta, commissioned by the European Network Against Racism. 
  2. Drafted a number of European Shadow Reports on Racism and Racial Discrimination across the European Union, commissioned by the European Network Against Racism. 
  3. Drafted various reports the integration of TCNs into the Maltese Labor market that included an analysis of Malta’s commitment to the Europe 2020 Strategy, commissioned by the International Organization for Migration. 
  4. Drafted Malta’s first National Action Plan Against Racism and Xenophobia, commissioned by The National Commission for the Promotion of Equality. 
  5. Carried out a Review of Malta’s National Minimum Curriculum from an Equality perspective, commissioned by the National Commission for the Promotion of Equality 
  6. Given various presentations and speeches on issues of discrimination in the European Union including at events organized by the EU Fundamental Rights Agency, Equinet and various NGOs and academic institutions. 
  7. Acted as Rapporteur for the European integration Forum workshop on overcoming the obstacles to labour market integration with a focus on discrimination and equal treatment. 
  8. Supported (and continue to support) research on discrimination and racism in Malta.  

Moreover, we have been and/or are members of: 
  1. The Policy and Media Committee of the European Network Against Racism 
  2. The Steering Group on Equality Data Collection of the European Network Against Racism 
  3. The Independent Network of Labour Migration and Integration Experts