Malta
The Republic of Malta exhibits high range performance in Representation and Rights and mid-range performance in Rule of Law and Participation in the Global State of Democracy (GSoD) framework. It is amongst the top 25 per cent of the world in terms of its performance in several aspects of all these four categories. Between 2018 and 2023, Malta significantly advanced in Gender Equality. The country did not have any significant declines. The archipelago has a service-based, advanced economy, featuring financial services, tourism, and information technology industries. Malta has a competitive tax environment and a multilingual population making the country highly attractive to foreign investment, yet struggles with high levels of national debt.
Throughout its rich history, Malta was ruled by historical civilisations such as the Roman Empire, the Byzantine Empire, and the Normans. In 1530, the Holy Roman Emperor granted the archipelago to a Catholic military order known as the Knights of Malta, before Malta was captured by Napoleonic France in 1798 and became a British Crown colony in 1814. Malta gained independence from the United Kingdom in 1964 following 150 years of British rule. Since the emergence of the Maltese two-party system in the 1970s, the country has been characterized by high political polarization and a strong partisan mentality. This is also perpetuated by the prevalence of clientelism and challenges related to impunity for political corruption. The 2017 assassination of the journalist Daphne Caruana Galizia, who investigated high-level corruption cases, threw this culture of impunity into sharp relief, and a public inquiry was called only after immense pressure from the public, civil society and the international community. Attempts to tackle corruption have included constitutional reforms, and 2023 legislative amendments introducing an anti-deadlock mechanism for the appointment of the Standards Commissioner, responsible for investigating ethical complaints against MPs.
The country is also navigating its evolving and more diverse Maltese identity since joining the EU in 2004. The EU membership introduced a shift from a strong insular, traditional and national identity to a more regional, Mediterranean and European one, and Malta is home to sizeable British and Italian communities. As Malta’s foreign-born population grows, migration policy continues to be a political concern. Human rights actors have shared concerns about the arbitrary detention of migrants and criticism about the insufficient response to rescue migrants at sea.
Malta has made steady progress on Gender Equality (from mid to high range) over the past decade, reflecting broad-based improvements ranging from women’s representation in Parliament to women’s labour force participation and representation in managerial positions. However, gender disparities persist and are most pronounced in wages, as well as health and reproductive autonomy. Despite amendments in 2023 to allow abortions in cases where the mother’s life is at stake, abortion law remains highly strict, and the issue of abortion rights has been highly divisive due to the significant role of the Catholic Church. Additionally, the gender corrective mechanism passed in 2021 and used during the 2022 elections has been criticized for putting party interests before women’s participation. Malta legalized same-sex marriage in 2017. The country introduced legal gender recognition procedures based on self-declaration in 2015, and is considering a legislative proposal to recognize non-binary people on official documents.
Looking ahead, it will be important to watch Freedom of the Press, particularly in view of the weak implementation of recommendations stemming from a 2021 public inquiry into the circumstances of Daphne Caruana Galizia’s assassination, proposed anti-SLAPP legislation, and recent signs that media watchdogs are becoming more assertive in calling attention to the lack of impartiality in public broadcasting. It will also be critical to watch Absence of Corruption, particularly the response of authorities to allegations of high-level corruption in connection to the recent hospital privatisation scandal. Finally, it will be important to observe migration policy and monitor the implementation of Malta’s first anti-human trafficking strategy for impacts on Social Group Equality.
Last updated: August 2024
https://www.idea.int/democracytracker/
June 2023
Reforms allow abortion in case mother’s life is at stake
Parliament voted to slightly ease the ban on abortion so that abortions can be performed in cases where the mother’s life is at stake. According to the bill, proposed by the ruling Labour Party, the decision to terminate a pregnancy is now possible with the sign-off of three doctors, except in the most urgent cases. The opposition supported the bill only after last minute changes which weakened the ambition from allowing abortion in cases of risks to the mother’s health to only cover cases of risks to life. Abortion rights campaigners have condemned the amendments as “unworkable,” which they say fall short of protecting women’s reproductive rights in practice, as performing an abortion in all other cases remains a criminal offense.
Sources: The Guardian (1), The Guardian (2), Amnesty International, Euronews, Malta Independent, Doctors for Choice Malta
March 2023
Case highlights impartiality in state broadcasting
Malta’s Broadcasting Authority (BA) has upheld an impartiality complaint filed against ONE, a media outlet owned by the ruling Labour party, in a significant case in the regulation of party-owned news stations. The Broadcasting Authority ruled against ONE’s decision not to report on ADPD – The Green Party’s press conference about a recent hospital privatisation scandal, and concluded that ONE had been “systematically failing to broadcast ADPD statements in the past months”. It is the first time that BA has found that a station owned by a political party committed a violation by not reporting another party’s perspective. ADPD – The Green Party called on BA to issue directives that would ensure improved media impartiality. The case follows a recent Constitutional Court ruling upholding a judge’s finding in July 2022 that the national broadcaster PBS had failed to treat the National Party impartially by hindering the impact of a political advertisement.
Sources: Times of Malta (1), Times of Malta (2), Times of Malta (3), Malta Independent, ADPD – The Green Party
January 2023
Parliament passes changes to the appointment of top anti-corruption official
Parliament passed a bill introducing an anti-deadlock mechanism for the appointment of the Standards Commissioner. The bill passed with 41 votes in favour and 35 against in its final reading. The Standards Commissioner is responsible for investigating ethical complaints against MPs. The bill amends a requirement in the Standards in Public Life Act for the appointment to be agreed in Parliament by a two-thirds majority vote. The amendment allows for appointment by a simple majority if two initial votes fail to reach a two-thirds majority. Parliament has not yet succeeded in appointing a replacement for George Hyzler, who left the seat vacant. The government’s proposed replacement, former Chief Justice Joseph Azzopardi, was blocked by the opposition. The leader of the Nationalist Party, Bernard Grech, has accused Prime Minister Robert Abela of amending the law to push through his candidate. The use of the anti-deadlock mechanism for the appointment of other high-level positions, including the Presidency and the Chief Justice, had been recommended by the Venice Commission, the Council of Europe’s rule of law body.
Sources: Times of Malta, Malta Independent (1), Malta Independent (2), Council of Europe Venice Commission
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Global ranking per category of democratic performance in 2023
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