ENNHRI Rule of Law Report highlights key challenges and recommendations for Malta

ENNHRI Rule of Law Report highlights key challenges and recommendations for Malta

Published June 22, 2026

The European Network of National Human Rights Institutions (ENNHRI), last week, has published its 2026 Rule of Law Report, bringing together contributions from National Human Rights Institutions and Ombudsman institutions across the European Union on developments affecting the rule of law, democracy, human rights, and civic space during 2025.

The ENNHRI Rule of Law Report includes specific country chapters, including one on Malta. A central theme of the Malta chapter is the continued absence of a National Human Rights Institution (NHRI). The report recalls that the Office of the Ombudsman joined ENNHRI in 2024 and subsequently intensified its efforts to establish a Paris Principles-compliant NHRI through the extension of the Ombudsman's existing mandate. It refers to the Ombudsman Bill submitted to Government in November 2024 and published in February 2025, which proposes a framework through which the Office of the Ombudsman would assume NHRI functions.

The report notes that, despite repeated recommendations from international and European bodies, no legislation has yet been introduced to establish an NHRI in Malta. It also records Government statements indicating its intention to pursue a separate human rights institution, while noting that no draft legislation or public consultation has yet been published.

The report also highlights concerns regarding parliamentary follow-up to Ombudsman recommendations. It notes that when recommendations are rejected or remain unimplemented, reports are tabled in Parliament but are not subject to any formal procedure for debate, scrutiny, or follow-up. The Office of the Ombudsman has repeatedly advocated for the establishment of a parliamentary mechanism that would allow such reports to be examined and discussed by a dedicated committee of the House of Representatives.

Another issue identified concerns the continued absence of Protocol No. 12 to the European Convention on Human Rights from Maltese domestic law. Although Malta ratified the Protocol in 2015, it has not yet been incorporated into the European Convention Act. The report notes that this situation limits the ability of persons to seek redress before Maltese courts in cases involving discrimination by public authorities and has been repeatedly highlighted by the Office of the Ombudsman in its reports and public interventions.

The report also refers to the role of the Office of the Ombudsman in investigating complaints submitted by civil society organisations, particularly in matters relating to access to information and administrative barriers that may affect the exercise of rights and freedoms.

At European level, ENNHRI calls on Member States and European institutions to strengthen support for independent oversight and human rights bodies, ensure adequate resources and safeguards for their work, improve transparency and accountability in law-making, and reinforce measures that protect democracy, civil society, and the rule of law.

The publication of the report provides an important overview of developments affecting the rule of law across Europe and contributes to ongoing dialogue on the measures needed to strengthen democratic institutions, accountability, human rights protection, and good governance.