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Sites and Insights Gay Malta News & Reports 1 New premises for Malta Gay Rights Movement 1/03 2 Gay Rights Movement deplores billboard at Naxxar MLP Club 2/03 3 Seminar on gay rights in EU accession countries 5/03 4 Gay Rights Movement reacts to parties' proposals 4/03 5 AD(Green Party) calls for full implimenetation of EU anti-discrimination directive 5/03 6 EU presses government to outlaw discrimination against gays 5/03 7 Gays urge government to implement EU directive 6/03 8 Government outlaws discrimination against gays 10/03 9 Gay movement protests as MCC refuses to accept application for transsexual beauty contest 5/05 10 Malta with lowest support for gay adoption 12/06 11 Malta transsexual given permission to marry 2/07 12 Malta delays transsexual's wedding 3/07 13 Maltese press question MEP over gay club visits 11/07 14 Malta's gay group ask for equal rights 2/08 15 Gay votes ‘may have been pivotal’ in Malta election 3/08 16 Maltese government's "inhumane" treatment of trans bride 6/08 17 Joanne to go all the way in her fight to get married 10/08
January 21, 2003 1 The Malta Gay Rights Movement, an active socio-political, non-profit making, movement with the challenges and rights of the local gay and lesbian communit at its central focus, has finally acquired its own premises in Mosta. MGRM said these premises will serve as a base for the coordination of our educational, political lobbying and support initiatives. Their acquisition has also made it possible for us to start translating our dream of setting up a professional national gay helpline and a number of support groups into a concrete reality. Since it was set up in June 2001, the MGRM has worked incessantly to alleviate the silent suffering of thousands of young gay men and lesbians, to promote anti-discrimination legislation, to challenge antiquated misconceptions on homosexuality, and to build a gay-straight alliance, to instill more unity and a sense of identity among the local gay community. It has also made its presence felt on the continent, through its affiliation in the International Lesbian and Gay Association and its participation in several regional conferences. In all its endeavours, the MGRM does not receive any funds whatsoever from the Community Chest Fund, L-Istrina, or from fund-raising marathons organised by the political parties. That's because it says it has to turn to personal pockets and to the generosity of all those who believe that our society can only benefit through the celebration of the diversity that exists within it. MGRM said it needs help to start furnishing the place. Any loose furniture, carpets, stationery items, paper, a fax machine, maybe a computer which supports Internet. . MGRM can be contacted on mgrm@maltamedia.com or on 9925 5559. February 16, 2003 2 by Massimo
Farrugia The European Union is the most progressive organisation as far as human rights and minority rights go, the MGRM said. However, it is not true that the European Union obliges its members to legalise same-sex marriages. The EU obliges Member States to remove discriminatory laws regarding a person's sexual orientations. In this regard, the MGRM also criticised the Maltese government for having failed to make the necessary legal amendments against sexual discrimination at workplaces.
12 May 2003 3 Malta Gay Rights Movement Coordinator Sandro Mangion and International Officer Christian Attard have participated in a seminar on gay and lesbian rights in EU accession countries, which was held in Brussels. Representatives from Malta, Poland, Estonia, Lithuania and the Czech Republic exchanged information and views at the seminar, at which representatives of the European Parliament, the International Lesbian and Gay Association's European branch (ILGA-Europe, of which the MGRM is an active member) were also present. The Maltese representatives raised the issue of the inadequate implementation of EU Directive 2000/78 EC in Malta. This directive requires that national legislation be put in place with a view to eliminating discrimination and harassment at the workplace on the grounds of sexual orientation. So far, the Maltese government has shown itself unwilling to adequately implement this directive, in spite of clear statements from the European Commission that it is an integral part of the acquis communautaire and consequently must be implemented prior to accession. The seminar was organised by the Belgian Lesbian and Gay Movement as part of their annual Rainbow Week, the climax of which was the Belgian Pride. Mr Mangion and Mr Attard represented Malta at this event, which drew around 10,000 participants.
April 5, 2003 4 The Malta Gay Rights Movement thanked the Malta Labour Party and Alternattiva Demokratika for including its proposals in their electoral programmes. MGRM however showed its dismay at the fact that the Nationalist Party declined to meet Movement's officials because "the time is not yet ripe for such a meeting according to the PN". The Movement also noted that the PN manifesto is vague in its proposals and makes no reference in safeguarding the rights of minorities.
22 May, 2003 5 Alternattiva Demokratika-The Green Party is calling on the government to fully implement EU Directive 2000/78 EC. This directive requires that national legislation be put in place with a view to eliminating discrimination and harassment at the workplace on the grounds of sexual orientation. The Green Party's spokesperson for civil rights James Debono expressed AD's support for the Malta Gay Rights Movement which is calling for the full implementation of this EU directive and said, "Maltese Gays and lesbians should be fully protected from discrimination and harassment at the workplace. One of the major reasons why AD supports EU membership is the strengthening of civil rights in Malta. Maltese citizens should enjoy the same civil rights enjoyed by other European Union citizens. AD wants Malta to be really European and modern". Debono added "it is a shame that the government is unwilling to adequately implement this directive, in spite of clear statements from the European Commission that it is an integral part of the aquis communautaire and therefore it be implemented prior to accession". May 11, 2003 6 by Karl Schembri Although Maltese labour laws ban discrimination in principle, EU Council Directive 2000/78/EC identifies gays and lesbians as being at a higher risk of being discriminated against in the work place and grants them special protection. The same directive prohibits discrimination on grounds of age, disability, race, and religion or belief. "I confirm there is a need to have all grounds covered by the directive to be spelt out specifically in Maltese law," said the head of the European Commission Employment and Social Affairs Directorate General, Odile Quintin, last Thursday. This means that Maltese law should specifically ban discrimination and harassment at the place of work directed at gays and lesbians. Moreover, the directive refers to trade unions and professional associations, obliging them not to discriminate against gays and lesbians. Ms Quintin was in Malta last week to review the progress made by the Maltese government in adopting the social and employment regulations of the EU prior to accession. In a joint press conference held last Thursday together with Social Policy Minister Lawrence Gonzi, Ms Quintin made it clear that the Commission expected the Maltese government to adopt the EU directive in its entirety. But the Maltese government is refusing to adopt the full directive, arguing that existing legislation is enough to ban discrimination against gays and lesbians at the place of work. "All forms of discrimination, including discrimination based on sexual orientation or on age, ethnic origin or racial grounds are illegal and the interpretation given by the Attorney General of the law that has been passed in Parliament is that the clause as drafted covers all these areas," Dr Gonzi said. "The issue that has been discussed is whether we need to mention these areas specifically. The opinion of legal experts given to us here in Malta is that we do not need to be specific, the clause mentions some areas as examples but it does not exclude all the other areas. We've agreed to go into this issue and get the legal advice more substantiated so that everybody can be sure that the judgements given by our Constitutional Court in previous cases substantiate this interpretation." Ms Quintin insisted: "For me it's legal certainty. As the directive is spelling out a series of grounds, we feel that these grounds have to be very clearly specified in Maltese laws." The Malta Gay Rights Movement (MGRM) has been lobbying for the last year and a half to get labour laws amended in line with EU directives. The movement points at the Employment and Industrial Relations Act and the Equality Between Men and Women Act, enacted in Parliament over the last six months: both of them fail to adopt the EU directive. Discrimination and harassment at work on grounds of sexual orientation is a hidden problem, claims MGRM. According to a survey it conducted last year, 40 per cent of gay and lesbian respondents said they were harassed at work, while many others were ashamed to speak out about discrimination. EU legislation would shift the burden of proof on the employers. In other words, in proceedings for breaches of the principle of equal treatment which are not criminal in nature, once it is established there is evidence that such breach did take place, it is up to the employer to prove that no discrimination took place. MGRM brought up the issue in a seminar on gay and lesbian rights in EU accession countries held in Brussels earlier this month. "The Maltese government has shown itself to be unwilling to adequately implement this directive, in spite of clear statements from the European Commission that it is an integral part of the acquis communautaire," said MGRM international secretary Christian Attard. "Consequently, it must be implemented prior to accession."
June 29, 2003 7 by Daniela
Xuereb The campaign is mainly meant to put pressure on European governments to implement two important EU equality directives. These are the Racial Equality Directive and the Employment Equality Directive. On both counts the Maltese government is still lagging behind, according to the Commission. The directive contains definitions of direct and indirect discrimination, harassment and victimisation, and it also shifts the burden of proof between the complainant and the perpetrator in civil and administrative cases. But the Maltese government is refusing to adopt the full directive, arguing that existing legislation is enough to ban discrimination against gays and lesbians at the place of work. "This year's theme for the DiversCity Week 2003 is 'Out and Proud'. Many gay persons live a life of solitude because they are ashamed to 'come out,'" said Mr Mangion. "We want a community which appreciates the value of diversity." For the past two years the MGRM have fought for gay rights and last year released results of a study carried out among the gay community in Malta. Results indicated that 50 per cent of respondents reported they had been harassed at some point in their life because they were gay. Others, around 11 per cent, were subjected to violence. In order to help gay persons accept their situation the MGRM will soon launch a help line. "Many gay people suffer immense loneliness particularly after 'coming out' and because of problems related to the stigma attached to homosexuality. The help line will be there to listen to them and give them any help or advice they might need," said Diane Xuereb the co-ordinator of the help line. The MGRM's DiversCity week will run between 5 and 13 July. Activities include a film festival in collaboration with the British Council, a Forum Theatre, an exhibition depicting homosexuality through the ages, a festival and finally a Pride Party. MGRM's events are being held in collaboration with St James Cavalier, General Soft Drinks Limits, the British Council, the Malta Photographic Society and the Valletta Local Council.
8 by Karl
Schembri The legal notice states: "In determining whether any treatment is treatment that is justified in a democratic society, the Industrial Tribunal shall take into account the provisions of any directive and, or regulation issued by the institutions of the European Union relating to discrimination and particularly Council Directive 2000/43/EC of 29th June 2000 and Council Directive 2000/78/EC of 27th November 2000 prohibiting discrimination on the basis of religion or belief, disability, age, sexual orientation, race or ethnic origin." The
Malta Gay Rights Movement received the news of the legal notice with
satisfaction,
and hope for more progressive legislation
safeguarding gay rights. "We're
happy with this positive development," said MGRM co-ordinator
Sandro Mangion. "It's a step in the right direction." The
MGRM has been insisting that the government get labour laws amended
in line with EU directives for the last two years. Although last Tuesday's
amendment is considered to be "subsidiary legislation" given
that the text has not been inserted directly into the actual employment
law, it is still useful for gay victims of discrimination at the place
of work. "I confirm there is a need to have all grounds covered by the directive to be spelt out specifically in Maltese law," Ms Quintin said in a press conference. Although Maltese labour laws ban discrimination in principle, EU Council Directive 2000/78/EC identifies gays and lesbians as being more likely of being discriminated against at the work place and grants them special protection. Ms Quintin's warnings were swiftly followed by an unequivocal statement by Enlargement Commissioner Gunter Verheugen following a query by British Labour MEP Michael Cashman, a declared gay and supporter of MGRM. "In Malta, the recently adopted Employment and Industrial Relations Act did not fully transpose the Directive on equal treatment in employment and occupation," Mr Verheugen said. "Gaps remain concerning the coverage of all the grounds of discrimination (age, sexual orientation), the burden of proof and the definition of direct and indirect discrimination." The Commissioner added that there was therefore a clear need in Malta "to reinforce the legal framework in order to fully transpose the requirements of the anti-discrimination acquis". He also assured Mr Cashman that the Commission would "make use of all the instruments at our disposal to ensure that the acquis in this area is fully transposed by accession". The Maltese government had resisted mounting pressure to introduce new regulations prior to EU accession on the grounds that existing legislation was enough to ban discrimination against gays and lesbians. "The opinion by the legal experts given to us here in Malta is that we do not need to be specific," Social Policy Minister Lawrence Gonzi said last May. Now that the government seems to have backtracked on its position, the new legal notice means that Maltese law specifically bans discrimination against gays and lesbians at work although harassment against them is still not specifically outlawed. "The Maltese government, specifically the Deputy Prime Minister, has stressed the point that the Employment and Industrial Relations Act was always intended to cover all 'discriminatory treatment'," said Parliamentary Secretary Dolores Cristina. "In fact, the Employment and Industrial Relations Act states that 'discriminatory treatment' means any distinction, exclusion or restriction which is not justifiable in a democratic society. However, given that some questions were raised regarding the interpretation of this definition and whether this definition meets the requirements of EU directives 2000/43/EC and 2000/78/EC, Legal Notice 297 makes specific reference to this directive to clear any difficulties that could have arisen in the interpretation of the definition quoted above." Ms Cristina said that harassment against gays and lesbians is already covered by labour laws and by the Equality for Men and Women Act. However there is still no specific mention of sexual orientation. The Minister's communications coordinator, Alan Camilleri, said the government did not backtrack because it still resisted transposing the directive in "primary legislation". Be that as it may, MGRM considers this to be a victory although it is cautiously optimistic about pending issues. One of them is harassment of gays and lesbians at the work place, which is still not catered for specifically in the labour laws. According to an MGRM survey commissioned last year, 40 per cent of Maltese gays and lesbians said they were harassed at work, while many others admitted they were ashamed to speak out about discrimination.
2 May
2005
19 December 2006 10 This is much less than the average for all EU citizens, which currently stands at 32 per cent. But the Maltese are much less conservative when it comes to gay marriage. In the preliminary report of EU’s public opinion study for Autumn 2006, 18 per cent of Maltese questioned answered that they are in favour of allowing homosexual couples to get married. But once again, this level of acceptance is much lower than the EU’s 44 per cent average. Legalise cannabis? Homosexual rights is one of the new issues that the latest Eurobarometer report analysed in a new section on values that are currently hot issues in various member states. It also questioned whether the personal consumption of cannabis should be legalised throughout Europe, and over one of every five Maltese citizens (21%) answered “yes”. On a political level, 55 per cent of Maltese agreed that the EU should have a common foreign policy, while 64 per cent were in favour of a common defence and security policy. The study also shows that Europeans rank peace (52%), respect for human life (43%), and human rights (41%) as their most important personal values.
16 February 2007 11 by PinkNews.co.uk writer Mr. Justice Camilleri has now ordered the director of Public Registry to issue marriage banns and change the name and sex on her birth certificate, di-ve news reports. The judge also pointed out that nothing in the country's marriage laws would prevent someone who is legally a woman from marrying a man just because of her former gender. Malta is one of the most socially conservative countries in the EU. 98% of the population are Roman Catholics, and although homosexuality is legal, there remains significant prejudice. The Mediterranean island, a British colony until 1964, has around 400,000 inhabitants and is the smallest EU state in terms of both size and population. In 2000 the government were criticised by gay rights groups for openly homophobic statements criticising EU proposals to treat gay people equally. Only 18% of the population support gay marriage, a December Eurobarometer survey found.
9 March 2007 by Rachel Charman On 1st March the transsexual's lawyers insisted that they arrange an appointment for their client to apply for the banns to be issued, forcing the registry to set a date for 7th March. Geraldi then filed an urgent application, requesting authorisation not to issue the banns until the original application was decided on. He said that if this application forced him to issue the banns, the requests made in the original application would be "irremediably prejudiced," according to TimesOfMalta.com. Mr. Justice Micallef ruled that the application would be upheld and the marriage banns were not to be issued for the next 40 days to ensure that the interests of both the transsexual and Geraldi are not compromised. Geraldi's resistance to the marriage is not without popular support. Only 18% of the Maltese population support gay marriage, a December Eurobarometer survey found, and there is significant prejudice against the LGBT community. In parliament too there is debate over the issue. In reply to a parliamentary question on 26th February, Home Affairs Minister Tonio Borg told Nationalist MP Jason Azzopardi that he believes there is no doubt that the Marriage Act was clear that a marriage should take place between a man and a woman. Malta is one of the most socially conservative countries in the EU. 98% of the population are Roman Catholics, and although homosexuality is legal, there remains significant prejudice. The Mediterranean island, a British colony until 1964, has around 400,000 inhabitants and is the smallest EU state in terms of both size and population. In 2000 the government were criticised by gay rights groups for openly homophobic statements criticising EU proposals to treat gay people equally.
9th November 2007 13 by PinkNews.co.uk staff writer Newspaper Il Torca reported in September: "Many homosexuals commented with this newspaper that David Casa was seen a number of times in gay clubs in Brussels." Reporters contacted Mr Casa about these allegations and were told that he only goes to gay establishments for "politically-related events." "Whenever I am invited from groups and organisations who fight discrimination of every kind, yes I attend," he told Il Torca. Malta is one of the most socially conservative countries in the EU. 98% of the population are Roman Catholics, and although homosexuality is legal, there remains significant prejudice. The Mediterranean island, a British colony until 1964, has around 400,000 inhabitants and is the smallest EU state in terms of both size and population. In 2000 the government were criticised by gay rights groups for openly homophobic statements criticising EU proposals to treat gay people equally. Only 18% of the Maltese population support gay marriage, a December 2006 Eurobarometer survey found, and there is significant prejudice against the LGBT community.
21st February 2008 14 by PinkNews.co.uk staff writer The MGRM also wants gender reassignment surgery to be made available through Malta's public health services and goods and services protection for LGBT people. In 2004, Malta banned discrimination on the basis of sexual orientation after the Malta Gay Rights Movement lobbied for the measure to be included in an Employment Relations Act. Alternattiva Demokratika currently have no seats in Malta's parliament and the MGRM proposals are unlikely to receive the backing of any of the main political parties in the country, one of the most socially conservative countries in the EU. 98% of the population are Roman Catholics, and although homosexuality is legal, there remains significant prejudice. Malta, a British colony until 1964, has around 400,000 inhabitants and is the smallest EU state in terms of both size and population. In 2000 the government was criticised by gay rights groups for openly homophobic statements condemning EU proposals to treat gay people equally. According to a December 2006 Eurobarometer survey, only 18% of the Maltese population support gay marriage, and there is significant prejudice against the LGBT community. In July Malta's Union of Teachers threatened to publish the details of four attempts to oust gay and lesbian teachers from Roman Catholic school posts. According to the union, Church schools were under pressure from parents to fire the teachers, leading to four interventions in the past five years.
March 23, 2008 15 A political party in Malta that campaigns for LGBT rights may have set back their cause by taking votes away from the country’s Labour Party. Writing in Pink News, Gavin Lambert said Labour is generally considered to be more liberal than the winning Nationalist Party, which now remains in power. In a general election earlier this month, the PN, led by Lawrence Gonzi, won the most seats in the National House Of Representatives. However, the difference between victory for the Nationalists and the Malta Labour Party (MLP) was decided by a few thousand votes. For a decade, the Green Party in Malta, Alternattiva Demokratika, and its leader Harry Vassallo, have challenged the two-party system in Malta and pushed for gay civil rights. But the party appears to have split the progressive vote in Malta, with some worrying that it may have helped hand the election to PN, who won 143,468 votes or 49.34 per cent. They now have 35 seats in Parliament. The MLP won 141,888 votes (48.79 per cent) and gained four seats, giving them 34. Alternattiva Demokratika (AD) polled 3,810 votes, an increase of 2,681 on the 2003 election but still only 1.31 per cent of the vote and not enough to win a seat. The problem in the progressive camp, it has been claimed, is that half of voters desired change while the other half did not want Alfred Sant, the leader of the MLP, to become Prime Minister. Malta’s gay community accounts for about five per cent of the voting population, Mr Lambert claimed. Generally considered to be MLP supporters, many decided to vote for AD. Mr Vassallo said before the election that the recognition of gay rights would be a step forward, according to the Times of Malta. He said he was supporting the petition organised by the Malta Gay Rights Movement and signed by more than 1,000 people, asking for legal recognition of same-sex couples, a homophobic bullying strategy for the island nation’s schools and new laws targeting homophobic and transphobic crimes. In addition to this, Dr Patrick Attard, Malta’s only gay political candidate ran a tireless campaign for AD. He and others ran an online campaign that targeted the gay vote on popular networking sites like Facebook and Gaydar, which are popular with the Maltese gay community. AD supporters do not concede that they played the spoiler in the 8th March election. But since MLP lost by such a narrow margin, less than one per cent of the vote, some in the MLP are certain to feel that they lost because they could not secure the gay vote. In 2004, Malta banned discrimination on the basis of sexual orientation after the Malta Gay Rights Movement lobbied for the measure to be included in an Employment Relations Act. However, like many of the “new” bloc of EU member States, Malta is a conservative religious society, with 98 per cent of the population identifying as Roman Catholics, and although homosexuality is legal, there remains significant prejudice. In 2000 the PN government was criticised by gay rights groups for openly homophobic statements condemning EU proposals to treat gay people equally. According to a December 2006 Eurobarometer survey, only 18 per cent of the Maltese population support gay marriage, and there is significant prejudice against the LGBT community.
June 2, 2008 16 by Staff Writer, PinkNews.co.uk Mr Geraldi argues that the change in the Act of Birth of the transsexual that allows a change of name and gender was only to protect her privacy and does not mean that she can now be considered a woman in legal terms, as her surgery was cosmetic. His resistance to the marriage is not without popular support. Only 18% of the Maltese population support gay marriage, a 2006 Eurobarometer survey found. Malta is one of the most socially conservative countries in the EU. 98% of the population are Roman Catholics, and although homosexuality is legal, there remains significant prejudice. The Mediterranean island, a British colony until 1964, has around 400,000 inhabitants and is the smallest EU state in terms of both size and population. In 2000 the government was criticised by gay rights groups for openly homophobic statements criticising EU proposals to treat gay people equally. Gay rights groups on the island said they would take the case of the trans woman to the European Court of Human Rights.
22 October 2008 17 by Raphael Vassallo The case goes back to 2006, when Cassar – who underwent a complex and expensive procedure to change her sex from male to female, and whose birth certificate has since been amended accordingly – was refused permission to marry on the basis that the Marriage Act prohibited unions between persons of the same gender. Cassar took the Marriage Registrar to court, and on February 12 2007, after noting that the proposed union did not contravene any provision of the Marriage Act, Mr Justice Gino Camilleri upheld her request and ordered the director of Public Registry to issue the marriage banns. But the marriage registrar appealed, and in his decision to overturn the ruling last May, Mr Justice Joseph R. Micallef observed that while the Marriage Act defined marriage as a union “between a man and a woman”, Maltese law offered no legal definition of either gender. The court therefore took into account various definitions, including an affidavit signed by the former chairman of the parliamentary bio-ethics committee, Dr Michael Axiak, who wrote: “after gender reassignment therapy, a person will have remained of the same sex as before the operation.” Mr Justice Micallef also noted that Cassar’s birth certificate, allowing a change of name and gender, was only intended to protect the right to privacy and to avoid embarrassment. He therefore upheld the marriage registrar’s request, and annulled the marriage banns. Afterwards, Ms Cassar expressed bitter disappointment at the ruling. “One court allowed me to get married but another took it away from me,” she said. The ruling nay have been a disappointment, but it came as no surprise to the MGRM’s Gabi Calleja, who confirmed that persons in Joanne Cassar’s predicament – commonly referred to as “transsexuals”, although the term is sometimes considered derogatory – generally face harsher discrimination than other sexual orientation minorities. “Research shows that persons who underwent gender reassignment encounter more violence, including extreme violence, than gays,” she said. “They also have a harder time finding employment. There is unfortunately still a lot of ignorance on the subject.” According to Calleja, society as a whole tends to use the traditional gender binary of male/female, and persons like Joanne challenge these concepts in a way that makes some people uncomfortable. “People like to think of sexual orientation as simply a case of black or white, but the reality is more complex than that,” she said. “There are over 6 billion people in the world, and yet we assume there are only two genders. But contrary to popular perception, gender is a social construct; it is not fixed at conception as many people believe. There could be other genders apart from simply male and female.” MGRM firther believes that Mr Justice Micallef’s ruling is itself illegal. “In delivering this judgement, the Court goes against the case law of the European Court of Human Rights (Christine Goodwin vs. UK),” the organisation declares on its website. “Furthermore, it expressly states that a post-op transsexual cannot get married to anyone, and in doing so clear violates Article 12 of the European Convention on Human Rights on the right to marry, to which Malta is signatory.” Joanne Cassar has already indicated that for these and other reasons, she is willing to take her legal battle all the way to the highest court in Europe. |
