Fairness does not need a passport: the Ombudsman and third country nationals

Fairness does not need a passport: the Ombudsman and third country nationals

Published June 08, 2026

by the Parliamentary Ombudsman, Judge Joseph Zammit McKeon

Introduction

In just over ten years, the number of foreign residents in these Islands has increased sharply.  Many of them come from outside the EU.  Today public services are no longer dealing just with Maltese citizens, but also with persons who come to work in this country, without knowing the mother language we speak, who have diverse social and cultural backgrounds, and who have a very low knowledge or understanding of how our systems work.

Figures

As at the 31 December 2024 (the last official figures published by the National Statistics Office) the population of these Islands amounted to 574,250 [405,312 (Maltese) and 168,938 (non-Maltese)].  The total represented an increase of 1.9% when compared to the previous year.  The non-Maltese were 29.42% of the population while the Maltese were 70.58%.  Out of the non-Maltese, 129,406 were third country nationals or 76.6% of all foreign nationals.  In 2024, the increase was driven by a net migration of 10,624 (incoming: 34,033 and outgoing: 23,419).

Principle

Fairness is a must for all, not just for the Maltese, because fairness is not about nationality, but about how persons are treated.  There are persons who require more support to access their rights because they are in a weaker position than others.  These persons include third country nationals.

Complaints

In 2025 the Office of the Ombudsman received a total of 625 written complaints for investigation: 449 were submitted by Maltese nationals and 176 [28%] came from foreign nationals – 88 of these latter complaints were submitted by third-country nationals. 

Demography

There should be no dispute on the fact that labour migration to Malta especially from outside the EU has become the principal driver of population growth in this country.  This does not appear to be a transient phenomenon but more of a structural demographic change.  Malta has witnessed a rapid growth in the number of foreign nationals from just under 5% in 2011 to 29.42% in 2024, largely non-EU workers.  We have sectors in our economy that have become all the more dependent on third country nationals: construction, hospitality, health care, public transport and others.

Weaker

Experience has shown that third-country nationals face uncertain employment conditions, are dependent on residence permits to sustain their legitimate stay and that of their families, have limited knowledge of their rights, and encounter language and other barriers.  These matters do give rise to structural vulnerability because the risk of abuse of discretion, delay and possibly discrimination are inherently and objectively greater.

Implications

Some (not necessarily asylum seekers) arrive from countries were complaining against the acts or omissions of public authorities carries a risk to life or limb.  For an Ombudsman, the implication is that the institution has to engage in complex and often sensitive issues of persons who may hardly have anyone to turn to in Malta in their relations with the public administration.  In their case complaints may be under-reported.  The fact that there could be less complaints on alleged grievances cannot be equated with the absence of injustice, because issues often go unreported not because they do not exist, but because they remain unseen.

Distrust

In a changing society as is ours, fairness must also change, not in its core values, but in how it is delivered.   Often third-country nationals limit themselves to seeking information rather than submit formal complaints when they allege to have sustained maladministration by public authorities: including but not only, delays in permit processing, inconsistent decision-making and unclear criteria.    Some ask without going further out of fear (real or perceived) of retaliation or outright distrust. 

Challenge

Vulnerability is a serious challenge.  That is why the Ombudsman watches carefully and strives for inclusive governance and insists with the public authorities that in their operations, in their acts and practices, they are to ensure substantive and fair (rather than formal) treatment of persons.  A State that upholds the rule of law (and that includes the fundamental rights and freedoms of persons) cannot permit or afford that people receive unfair treatment, as that causes resentment, erodes legitimacy and could increase social division.

Mission

To address these real-life issues, the Office strives to make that extra effort to maintain itself visible, available, independent and impartial.  Faithful to the provisions of Chapter IV of our Constitution and the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Office keeps a careful lookout to ensure that public administrative action does not create parallel standards of justice depending on nationality.

Conclusion

Before being service providers of necessity in this country, third country nationals are persons, who have a right to be treated fairly, lawfully, with respect and with dignity.  Fairness is not achieved simply by treating everyone the same but also by ensuring that everyone can actually access justice.  

Published on newsbook.com.mt on 8th June 2026