Exploring Corruption in Malta
Corruption is a widespread challenge that affects countries globally. In Malta it is blatant, rampant and unfettered, in a climate characterised by complete impunity.
Corruption is the misuse of entrusted power for personal benefit. In Malta it appears in various forms, including favouritism, bribery, and the misuse of public resources for personal gain (big-time, to the tune of hundreds of millions).
Corruption is never a victimless crime; on the contrary, it affects those most vulnerable in our society, and erodes the rule of law and human rights.
Corruption is another major challenge to effective rule of law. Corruption has significant negative impacts on human rights, especially as they relate to business and commercial interests. Businesses that have engaged in corruption are less likely to face accountability and justice for human rights violations, as the relevant state parties are often ‘dissuaded’ from investigating, punishing, and preventing rights abuses by these companies. As such, human rights abuses are often allowed to continue and are left unremedied.
Corruption jeopardises the good functioning of public institutions and diverts public action from its purpose, which is to serve the public interest. It disrupts the legislative process, affects the principles of legality and legal certainty, introduces a degree of arbitrariness in the decision-making process and has a devastating effect on human rights. Furthermore, corruption undermines citizens’ trust in the institutions.
Committee on Legal Affairs and Human Rights, Council of Europe
Countless high-profile corruption scandals involving top officials have surfaced in Malta over the years, resulting in significant public outrage and demands for accountability, mostly thanks to intrepid, courageous investigative journalists.
The dark, sordid, underbelly of corruption in Malta was particularly highlighted by the heinous assassination of investigative journalist Daphne Caruana Galizia. Killed in a car bomb explosion in 2017, her investigative work unveiled high-level corruption involving government officials and offshore accounts, that led to her assassination, but that to date remains uninvestigated by a captured, emasculated, police force and Attorney General's office.
Malta has laws aimed at tackling corruption, but enforcement falls short. Many existing laws have loopholes that complicate prosecution. The government refuses to introduce laws that strengthen the fight against corruption. This is not surprising, since corruption is especially rife in the higher echelons of government, to the point that Malta is now governed by a criminal organisation.
According to the European Commission, the following are some of the factors that affect corruption:
effectiveness of anti-corruption strategies and evidence-based policies
capacity of institutions and their effectiveness in investigating and prosecuting corruption
existing resources, specialisation and enforcement of sanctions.
integrity rules including codes of ethics, conflicts of interest, and interest and asset declaration
lobbying and ‘revolving doors’
political party financing
measures to protect whistle-blowers
high-risk areas (incl. public procurement)
Some other factors to consider:
Public officials need to avoid engagements that may involve a conflict of interest and an increased risk of corruption.
States must ensure a well-functioning and adequately funded system of oversight of police misconduct and provide regular training for members of law enforcement agencies on integrity and ethics.
Public spending on health care needs to be effectively monitored .
Governments must protect the right to freedom of expression and the safety of journalists by fighting impunity for crimes against journalists and by effectively combating SLAPPs. This could be done, for instance, by allowing early dismissal of such lawsuits and introducing measures to punish abuses. In particular, member states should reverse the costs of lawsuits and minimise the consequences of SLAPPs by providing practical assistance to those being sued.
Reducing corruption in Malta requires collaboration among various stakeholders. Here are several steps toward a brighter, more transparent governance system:
Reforming Political Financing: Setting robust regulations regarding political donations can reduce money's influence in politics.
Enhancing Whistle-blower Protections: Safeguards for those who report wrongdoing are essential for uncovering corruption.
Promoting Citizen Participation: Encouraging public involvement in decision-making amplifies accountability.
Strengthening Media Freedom: An independent press is vital for investigative journalism, which plays a significant role in holding power accountable.
International Cooperation: Working with international organizations can provide valuable insights and strategies to combat corruption.
Corruption represents a serious threat to the rule of law, democracy, and human rights in Malta. As the country faces these challenges, it must tackle corruption's complexities directly. Promoting a culture of accountability and transparency is essential for justice to prevail, and for restoring public trust. The lessons drawn from past scandals can fuel reforms, but this requires political will that is not forthcoming from a government which is de facto a criminal organisation.
With concerted efforts from the government, civil society, and engaged citizens, Malta would be able to combat the corrupting influences that threaten its democratic foundations, ensuring a brighter future for all.
But with a government that is more akin to a criminal organisation, the task falls squarely on us - you and me.
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