Category: Mediawatch

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Mediawatch

Human Capital

“Abbiamo alzato la posta, ci siamo giocati tutto, anche il futuro dei nostri figli. E adesso finalmente ci godiamo quello che ci spetta.”

from “Il Capitale Umano”, Paolo Virzi

A migrant worker falls from the height of two storeys while working on a construction site. Someone, probably the migrant worker’s employer, puts him in the car with a promise to take him to hospital. Instead of taking him to hospital he dumps the injured worker on the side of the road and leaves him there unassisted and in pain. It takes some good willing passers by to stop and assist the desperate and injured man and call an ambulance.

There are scarcely any words that can describe this horrible act that took place in Malta today, in September 2021. It exposes the full horror of the exploitation of migrant workers on the island and particularly the cold-blooded calculations of the construction industry when dealing with human lives. The 32 year old Ghanaian feared prison almost more than the physical pain that he was surely enduring. He was aware of his precarious situation in which he found himself – that same precarious situation was at the root of the cold calculation of his employer who opted to dump him on the road side.

The irony in the news.

The construction sector’s rabid hunger for development – crystallised in Joseph Portelli’s prophetic “hundred more years” words during an interview – is completely insensitive to the human damage that it causes.

That damage is quantifiable first of all in the loss of quality of life that the irrational and corrupt spread of construction is causing to the nation as a whole. Malta, Gozo and Comino are gradually being suffocated under a blanket of unbridled, irrational and destructive development. The warnings had been made only a week ago – to the point that the Prime Minister felt it necessary to “reassure” the construction sector after even one of his own had pointed an accusatory finger in their direction.

Quality of life is at dangerous low levels on the island of milk and honey. There is little respite from the continuous onslaught that is aided and abetted by weak or powerless institutions and a by the network of compromised politicians.

The damage is quantifiable even further in the loss of lives by people who become collateral damage of the unregulated and irresponsible frenzy that is around us. The fear of being buried alive is a real possibility that is only a minor blip on the dark register of constructor’s accounts. Death becomes a tiny cost to bear in the race to construct the new Babylon.

Health and safety standards, Employment standards, Building Regulations. They are all dependent on the will to enforce. Such a will is absent and there can be little hope for a nation gearing up for an election where politicians are eager to capitalise on the investments made by their construction lobby masters (“I meet them daily to facilitate my plans”).

Employment conditions for non-EU workers are atrociously balanced in favour of the Employing market. Short-term resident permits and contracts leave employees at the mercy of their employers who are aided by laws drafted in their favour. The government’s role in this situation is not to be understimated.

The same government that is dishing out millions of Euros on the eve of an election that were received on the basis of a residency scheme for the rich shows us how little it values human capital elsewhere. Responsibility lies squarely with our politicians in this respect.

“Avete scommesso sulla rovina di questo paese. E avete vinto.”

from Il Capitale Umano, Paolo Virzi

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Mediawatch

The EU Digital COVID Certificate and Malta’s Latest Measures

Malta’s latest COVID measures have still not been made into law. Although the measures announced over the weekend are meant to come into effect tomorrow, the Legal Notice that should make them law has not been published yet. The latest measures have proven to be controversial due to the stringent conditions imposed in what seems to be a panic reaction following a surge in COVID cases. Without entering into the controversy of what is the reason behind this surge it is interesting to see where Malta’s proposed measures stand in the light of Malta’s EU obligations.

We are all familiar by now with the main thrust of the new measures: that only fully vaccinated persons can travel to Malta. As the weekend unfolded we also heard of possible exceptions being introduced, notably for Maltese caught abroad by the new measures who will be allowed to use a PCR test on their return without being quarantined.

In an interesting development yesterday, the EU Commission voiced its doubts on whether the Maltese measures were compatible with EU legislation – particularly since they risk being discriminatory. In fact the rules have to be viewed in the light of the EU Digital Covid Certificate Regulation of the 14th June 2021 that creates a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recvovery certificates in order ot facilitate free movement during the COVID-19 pandemic.

It is clear that the main intention behind this regulation is to continue to guarantee the fundamental right to move and reside freely within the territory of the Member States. The creation of what is described as an “interoperable” certificate is intended to uniformise the certification aspect that can be used whenever Member States are limiting the right to movement on grounds of public health. The emphasis is on having a universally accepted certification that any MS can use as a criteria for limiting free movement under specific conditions.

In fact, the 6th preamble of the Regulation stipulates:

“(…)Any restrictions to the free movement of persons within the Union that are put in place to limit the spread of SARS-CoV-2 should be based on specific and limited public interest grounds, namely the safeguarding of public health as emphasised by Recommendation (EU) 2020/1475. It is necessary for such limitations to be applied in accordance with the general principles of Union law, in particular proportionality and non-discrimination. Any measures taken should therefore be strictly limited in scope and time, in line with the efforts to restore free movement within the Union, and should not extend beyond what is strictly necessary to safeguard public health.”

Additionally, the 36th consideration in the preamble specifies (my emphasis):

It is necessary to prevent direct or indirect discrimination against persons who are not vaccinated, for example because of medical reasons, because they are not part of the target group for which the COVID -19 vaccine is currently administered or allowed, such as children, or because they have not yet had the opportunity or chose not to be vaccinated. Therefore, possession of a vaccination certificate, or the possession of a vaccination certificate indicating a COVID-19 vaccine, should not be a pre-condition for the exercise of the right to free movement or for the use of cross-border passenger transport services such as airlines, trains, coaches or ferries or any other means of transport. In addition, this Regulation cannot be interpreted as establishing a right or obligation to be vaccinated.

So while the Regulation is intended to provide a universally accepted certificate of verification that might be used by Member States as a requirement for entry, it is also clear that this requirement can never be used to deprive citizens of their right of movement.

Article 3 (6) of the Regulation is very clear in this regard:

6.   Possession of the certificates referred to in paragraph 1 shall not be a precondition for exercising the right to free movement.

Article 11 on the other hand considers the possibility of restrictions to free movement in extraordinary circumstances such as a rapid worsening of the epidemiological situation. While this article does not exactly contemplate the possibility of restricting movement only to COVID-19 Vaccination Certificate holders (as the Maltese measures would), it does allow Member States to require certificate holders (which includes Vaccinated, Recovered and PCR test certificate holders and not only Vaccinated Certificate holders) to undergo quarantine, self-isolation or further testing.

In such cases the Member State is bound to inform the Commission the reasons for such restrictions, the scope of such restrictions and the date and duration of such restrictions.

In the light of the above, and considering that we are not yet fully informed of the exact details of what the Maltese measures will entail other than what has been described generally, it would seem that the new measures could be in violation of Malta’s obligations under the Regulation.

Having said that, I stress that this opinion is merely an interpretation of mine. In order to have a clear answer black on white what would need to happen is a challenge of the Legal Notice introducing the measures before the courts and, in case the national courts have a doubt as to the interpretation of the regulation, a reference to the Court of Justice in Luxembourg that would give the ultimate binding interpretation.

The fact that the measures concern public health might be a mitigating factor on the one hand. On the other hand, the Regulation does seem to contemplate the possibility of exceptional measures and outlines the conditions for their application. In that case it might not be enough for Malta to invoke Public Health issues where the exceptions that the national measures are introducing go beyond what is contemplated in the Regulation and are both disproportionate and discriminatory.

I trust that once the Legal Notice is published we will be able to make a clearer analysis of the situation.

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Mediawatch

Good Night & Good Luck 2021

This year has been a quiet year on this blog. Most of my writing has taken place elsewhere, mostly on the j’accuse column over at the Shift News. It’s not just COVID19 that is to blame for the year with least posts on www.akkuza.com but also the wonderful arrival of Maddalena Victoria into our lives that required a slight readjustment of routines in the Zammit-Sartori household.

Politically speaking 2020 has been a weird year that unfolded under the sign of this cataclysmic change of social habits. Many questions were asked of those who purport to govern our nations leading to a sudden realisation as to why the people elect wardens of the state. What I mean is that once the ‘business as usual’ of corrupt and economy-driven politics of the 21st century was eclipsed by an urgent need to manage the general common wealth for all citizens, our politicians were found lacking.

As we ask questions of our political class we also realise the widening of a dangerous knowledge gap in our society. A society that has been supposedly empowered with new tools for the discovery and understanding of knowledge has strangely retreated to a mass mentality that seems to precede the advent of science and reason.

The program of government struggled to balance the new priorities and challenges of the modern age. Health and the environment were suddenly catapulted to the forefront of our concerns with varying degrees of acceptance. Change with a big C was on its way, provoked by the unavoidable adaptation to new work and life conditions. Sadly, although the whole of the human race was under threat, the walls and differences created by centuries of history proved to be resistant and still lead to a disparate, egoistic replies to common problems.

Closer to home, the status quo has barely shifted. The Gattopardian adage still applies strongly as a wave of artificial change and reform is used to mask the fact that at the core we remain the same. One of the fathers of Malta’s constitution passed away this month while we are very far from taking up the much needed drastic reform from the roots that might save the nation from the backsliding that it has witnessed in the past decade.

There is as little faith in our wardens of the state as there is hope for change. Yet we must struggle on calling out the system for what it is. It is our duty as citizens and or duty towards our sons and daughters.

As the sun sets for one last time in 2020 I would like to thank all those who have read and followed J’accuse throughout the year. 2021 will be a tough year of recovery and adaptation, I look forward to sharing these experiences with readers and followers of J’accuse… the truth, if I lie.

One last thing. My thoughts go out to Darrin Zammit Lupi and his daughter Becs. Over this holiday period I have clung hopefully to every Facebook entry that Darrin posts. I can only pray and hope that Darren and his family find the courage to get through this ordeal and that the wonderful Becky gets back to dancing, creating and enjoying life as soon as possible.

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Mediawatch Politics Rule of Law

Frozen too late

On this night when the news broke of the freezing of assets of Keith Schembri, Brian Tonna and others we need to take a step back and realise that the information that led to this action has been in the public domain for at least three years.

On April 24th 2017, Daphne Caruana Galizia published a post entitled “BREAKING/Prime Minister’s chief of staff took kickbacks from Brian Tonna on sale of Maltese citizenship”. In that post, as the title describes, she detailed fact upon fact of how Keith Schembri had received kickbacks from Brian Tonna on the sale of citizenship.

The ball, you could say, was in the AG’s court. Action could and should have been taken. Instead we all know what would happen. Nothing. No prosecutions. No investigations. Keith Schembri would remain a key figure in disgraced PM Muscat’s kitchen cabinet and Brian Tonna’s Nexia would feature in many a government contract or consultancy until yesterday.

And Daphne Caruana Galizia would be murdered.

Reading this comment by Daphne has a spine-chilling effect. It thunders from beyond the grave and reverberates in our heads. There you have it. She knew that publishing these facts would not be enough. She knew that the police would do nothing with this evidence.

“It’s the Prime Minister’s chief of staff, so they’re not going to touch him.” Daphne was one of the select few who were aware at the time of the system of impunity that was already in place. Institutions had by then already been bent into submission. The saga was only about to begin.

Action by the police at the time might have prevented the disastrous vortex that was to follow.

Daphne Caruana Galizia began to die that night. She did not have to, but the nation was too blind to realize the possible consequences of this kind of revelation. Blinded by partisan bickering and by government propaganda the people would only serve as a fertile ground for institutional breakdown.

And murder.

This is what justice for Daphne is also about. We are a long way from that yet.

ADDENDUM:
This is how the lying lowlife scum reacted at the time. Thanks to @bugdavem on Twitter for the reminder.

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Mediawatch

The Faces of Impunity

Whenever I watch documentaries about popular uprisings against dictatorships I always end up wondering about those special forces, elite or otherwise, who are called upon to defend the dictator/politician from the crowds. When not in uniform do these soldiers have a life? Do they go home and bring bread to the table to a family that is presumably also suffering under the present regime? What keeps them ticking till the end? What hidden power helps them raise their bayonets or guns against the people who are intent to bring about change?

So much for the troops defending the likes of Ceausescu from the rabble. Jose Herrera seems to have believed that he might need protection of his own from the ‘rabble’ calling for truth and justice outside parliament in November and December. By his own admission there was no particular threat to his well-being (his being an insignificant enabling member of the extended cabinet must have had much to do with this).

And yet Jose’ deemed it fit to dig into the public’s pockets to adorn his entourage with gorillas to ensure his safety. Yes, you read that right. By way of direct order Jose’ did what our Labour politicians seem to do quite well and appropriated some public money for his own imaginary needs.

Now I know that as in some countries of dubious democratic record, our politicians love to be surrounded with the occasional knucklehead or two – it seems to add to the street cred and helps keep away the fawning fans from touching their holy habits. Jose’s extravagance though goes a step further.

First of all he did not need the security because there was no apparent threat. Second of all even if he did, this did not mean he could fish into the public box and spend 19,000 euros without so much of a “please”.

This happens in Muscat’s Malta (now inherited by dithering more of the same Bobby). Muscat’s Malta that so proudly proclaims to have kicked off reforms to please (among others) the Venice commission. I wonder if these reforms will change the manner of appointment by Decree (of His Holiness Owen) as we witnessed in the case of Jose’s daughter.

Remember how Owen justified yet another public appointment by private decree?

The new Commissioner for Law and daughter of the Minister for the Environment Jose Herrera, Martina Herrera, will earn roughly €11,000 per year, and was selected by the Ministry for Justice Owen Bonnici without any other applicants, the latter has confirmed. The Minister clarified that the appointment of such a role, as stipulated in law, was always placed under his remit’s discretion.

It’s all in the family isn’t it? We weren’t shocked in 2017 so why should we be shocked now. After all the Herrera family’s habit of living off public money is only one example of the hundreds you will find under this administration.

That, my friends, is how corruption feeds itself.

Categories
Mediawatch Rule of Law

Train wrecks don’t need derailing

Adrian Delia has dismissed reports on messages between him and Yorgen Fenech as “a mudslinging attempt aimed at derailing his work“. The Sunday coffee table news was dominated by an apparent ‘scoop’ from the Times of Malta uncovering the supposed ‘exchange’ of Whatsapp messages. There had even been a dramatic build up with an earlier confrontation by a Times journalist.

Like some latter-day Saint Peter, Delia was repeatedly asked to deny whether he had ever had any form of relationship with Fenech by a journalist who was obviously already in possession of the ‘incriminating’ evidence (that would be kept on hold till the convenient Sunday publication date for full effect. No cocks crowd on the day of the interview but the Times made a big deal of the issue today.

Having seen the supposed Whatsapp exchange (and only on the basis of what has been shown), I think that I can safely conclude that this was a case of harassment by Fenech. Delia seems to have little time for his entreatments and rarely replies until what seems to be a fob off by passing Fenech on to Pierre Portelli to fix a dinner/lunch which we are not even sure ever happened.

The thousands of sleuths who grace the Maltese Republic were all over the social media condemning Delia for this latest “lie”. In his earlier interview with the Times journalist Delia had wriggled and writhed to try to give a legalistic reply – one that implied that if by communication there was meant some sort of dealing then no he did not communicate with Yorgen. Delia might have had this Whatsapp harassment in mind. Surely in normal circumstances nobody in their right mind would consider Yorgen’s pseudo-sycophantic messaging as a basis of some form of effective communication with Delia.

Surely. But this is not normal. In a world of Whataboutism gone mad we have the Sunday papers dominated by a very weak exchange that is neither here nor there while trying to build a very spurious link to Delia being another of Yorgen Fenech’s political relationships. For some context. Labour’s cabinet is still labouring (sorry) under the heavy accusation of having a member who had a much more than platonic relationship with Fenech. Another one is deep in business dealings with Fenech (not the Arrigo style). Yet here we are trying to cause a storm for a one-way set of messages.

You’d think that the Times would have a much higher standard in its quest of fulfilling the fourth estate’s role in a democracy. As things stand it seems to be a weak platform for the disgraced Labour government’s use to disseminate confusion. Worse still it leads to situations where Delia, of all people, can cling to a victim’s alibi of attempts at derailing him.

Now that’s a first. Delia has already long proven to be unfit for political action let alone leadership. His time as PN leader has proven to be a train wreck. To derail a train that is already wrecked and picking up the pieces is something that only a paper desperate for a distraction from the real issues can achieve.