Breach of the UN CRPD Committee recommendations

In 2014, Malta presented its Initial Report to the (UN) Committee on the Rights of Persons with Disability. In 2018, a high level Maltese delegation, which included delegates from various ministries, met up with the UN CRPD Committee during the 20th session in Geneva for further clarifications to the questions posed orally by this Committee. This is an obligation to which our country is bound to submit to, from time to time on the request of this Committee. This commitment came into force in 2012 when Malta ratified the UNCRPD.

Following this 2018 meeting in Geneva, the UN CRPD Committee forwarded its recommendations to Malta, among which the following:

The Committee recommends that the State party take into account its general comment No. 5 (2017) on living independently and being included in the community, and:

(a) Ensure that existing residential institutions that contribute to the seclusion of persons with disabilities are closed and that the provision of appropriate communitybased services is strengthened;

(b) Ensure that all projects supported by public funds are carried out in a community setting, do not contribute to seclusion of persons with disabilities, are monitored by organisations of persons with disabilities and are provided with sustainable continuous funding;

(c) Adopt the legal and other necessary measures, such as the planned Personal Autonomy Bill and the UN CRPD Bill, that will make Article 19 of the Convention justiciable;

(d) Ensure that the financial and other measures are in place that allow persons with disabilities to be provided with personal assistance and that personnel supporting persons with disabilities in the community are appropriately

trained, if necessary.

It has recently been made public that three other community homes for persons with disability will be open in the coming months. This “investment” of some €3m will lead to up to 26 persons with disability to live in these homes.

This “investment” is being carried out notwithstanding the clear recommendations of the UNCRPD Committee, which recommendations were defined after the composition of Malta’s Initial Report and the Malta delegation’s attendance to Geneva’s meeting. Obviously, the professional and detailed Initial Report was not done on a voluntary basis. On the other hand, government paid nearly €17,500 for the Malta delegation to have a constructive dialogue with the UN CRPD Committee in Geneva. All this from our taxes.

Our taxes are now being used to open three other homes for persons with disability in the community despite that this goes against the recommendations of the UN CRPD Committee and the spirit of the UNCRPD which Malta has ratified.

MFOPD asks whoever is responsible for this to justify why we have such a situation.

Marthese Mugliette President, MFOPD